HomeMy WebLinkAbout89-6 - Amending Section 5.28.070 of Newport Beach Municipal Code Pertaining to Appeals Mom Action of City Manager on Entertainment EstablishmentsNO. 89- 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTION
5.28.070 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO APPEALS MOM THE
ACTION OF THE CITY MANAGER ON
ENTERTAINMENT ESTABLISHMENTS.
The City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1: Section 5.28.070 of the Newport Beach Municipal
Code shall be amended to read as follows:
Section 5.28.070. Appeals from Action of City Manager.
If an applicant is aggrieved by any action or failure to act
upon the part of the City Manager in issuing, failing to issue,
suspending or revoking any permit under this Chapter, such
applicant may appeal to the City Council by filing with the City
Clerk a statement addressed to the City Council setting forth the
facts and circumstances regarding the action or failure to act on
part of the City Manager. The City Clerk shall notify the
applicant in writing of the time and place set for the hearing on
is his or her appeal.
The right to appeal to the City Council from the denial
suspension or revocation of any permit required by this Chapter
shall terminate upon the expiration of fifteen (15) days following
the deposit of a certified letter in the United States Post Office
advising the applicant of the action of the City Manager and of
his or her right to appeal such action to the City Council.
The City Council of the City of Newport Beach may preside over
the hearing on appeal or, in the alternative, appoint a hearing
officer to conduct the hearing, receive relevant evidence and to
submit to the City Council findings and recommendations to be
considered by the City Council of the City of Newport Beach. The
16 City Council of the City of Newport Beach shall render its
decision within forty -five (45) days from the date of the hearing
or, in the event that a hearing officer has been appointed within
forty -five (45) days on which the City Council receives the
findings and recommendations of the hearing officer. The decision
of the City Council shall be final.
1
Section 2: The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within fifteen (15) days after its adoption.
Section 3: This ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on the 13th
day of February , 1989, and adopted on the 27th day of February ,
1989, by the following vote, to -wit:
AYES, COUNCILMEMBERS SANSONE, PLUMMER
STRAUSS. HART, WATT
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS TURNER, COX
•
2
Authorized to Publish AdverhsemenlS of all kinds including public
nobcea by Decree of the Super.or Court of Orange County.
Cenfornia. Number A -6211, dated 29 September. 1961. and
A- 24831, dated 11 June. 1963
STATE OF CALIFORNIA
County Of Orange .�wK woou .own,rro ce.wso
nv �M enp..n .e tW .n r pwm
.nn 10 wte cwumn .qtn
I am a Citizen Of the United States and a resident of
the County aforesaid; I am over the age of eighteen
4$DA an d not a party to or interested In the below
e0 matter- I am a principal clerk of the Orange
t ILY PILOT, with which is combined the
S- PRESS. a newspaper of general circulation,
printed and published In the City of Costa Mesa,
County of Orange. State of California. and that a
Notice of Ordinance
of which copy attached hereto is a true and complete
copy, was printed and published in the Costa Mesa,
Newport Beach. Huntington Beach, Fountain Valley,
Irvine. the South Coast communities and Laguna
Beach issues of said newspaper for 1 time
consecutive weeks to wit the issue(s) of
March 4 198_
198—
198_
198_
198—
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on March 4 198 -9—
at Costa Mesa, California.
Signature
3'
�iIBLIC flOTICE
ORDINANCE NO. 894
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CVTY OF NEWPORT BEACH'
AMENDING SECTION'
.5.28.070 OF THE NEWPORT'
BEACH MUNICIPAL CODE
PERTAINING TO APPEALS
FROM THE ACTIONe OF
THE CITY MANAGER ON
ENTERTAINMENT ESTAB-
LISHMENTS.
The City Council of the
City of Newport Beach does
hereby ordain as follows:
Section 1: Section
5.28.070 of the Newport
Beach Municipal Code shall
be amended t0 read as fol-
lows:
Section 5.28.070. Appeals
from Action of City Manager.
If an applicant is aQ-
grleved by any action Or fail-
ure to act upon the part of
the City Manager in Issuing,
falling to Issue, suspending
or revoking any permit
under this Cnepteq such ap
Plicant may appeal to the
City Council Dy filing with the
City Clerk a statement ad-
dressed to the City Council
setting forth the facts and
circumstances regarding the
action Of failure to act On
and place set for the
no on his Or her appeal.
enslon or revocation of
permit required by this
pier Shall terminate
i the expiration of fifteen
days following the de-
of a certified letter in
Jnited States Post Of-
ldvising the applicant to
action of the City Man-,
and of his or her right to
tat such action to the
Council, -
PROOF OF PUBLICATION
e t—i31 Ouncll -oi the
City of Newport Beach mey
preside over the hearing on
appeal or, In the alternative
appoint a hearing officer to
conduct the hearing, receive
relevant evidence and to
submit to the City Council
findings and recommen-
dations to be considered Dy
the City Council of the City of
Newport Beach. The City'
Council of the City of New
,port Beach shall render its
decision within forty -five (45)
days from the date of the
rhearing or, In the event that
a hearing officer has been
appointed within forty -five
i(45) days on which the City
i Council receives the findings
and recommendations of
,the hearing officer. The de-
cision of the City Council
shall be final.
Section 2: The Mayor shall
,sign and the City Clerk shall
attest t0 the passage of this
Ordinance. The City Clerk
shall cause the same to I
published once In the official
newspaper within fifteen (151
was InIrOOUceo ai a regular
meeting Of [he City Council
of the City Of Newport Besch
held on the 13th day of Feb-
ruary, 1989, and adopted on
'the 27th day of February,
,1989, by the following vote,
po-wlt:
Ayes, Councilmembers:
Sansone, Plummer, Strauss,
Hart, Watt
Noes, Councilmembers:
None
Absent Councilmembers:,
Turner, Cox
Donald A. Strauss, Mayor
Attest: Wanda E. Ragglo,
City Clerk
Published Orange Coast
Daily Pllot March P. 1989
Sa355
no