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HomeMy WebLinkAbout95-29 - Repealing Obsolete, or Preempted Chapters of the Newport Beach Municipal Code and Portions Thereof, and Amending Portions of Chapter 1.20, 3.22, 5.04, 5.12, 5.20, 12.46, 13.01, 15.32, 15.45, and 19.12 for the Purposese of Making the Code InternallORDINANCE NO. 95 -29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REPEALING OBSOLETE, OR PRE- EMPTED CHAPTERS OF THE NEWPORT BEACH MUNICIPAL CODE AND PORTIONS THEREOF, AND AMENDING PORTIONS OF CHAPTER 1.20, 3.22, 5.04, 5.12, 5.20, 12.46, 13.01, 15.32, 15.45, AND 19.12 FOR THE PURPOSES OF MAKING THE CODE INTERNALLY 0 CONSISTENT AND CONSISTENT WITH STATE LAW. SECTION 1: The following ordinances have been determined to be obsolete, or pre - empted by state law. The City Council of the City of Newport Beach hereby ordains that the following Chapters, or Sections within the following Chapters, are hereby repealed: 1. Section 3.04.120 and Section 3.04.130 of Chapter 3.04. 2. Chapter 3.25. 3. Section 5.32.060(e) of Chapter 5.32. 4. Chapter 6.08. 5. Chapter 6.12. 6. Sections 12.08.010, 12.08.020, 12.08.080, 12.08.110, • 12.08.125, and 12.08.130 of Chapter 12.08. 7. Section 12.40.200 of Chapter 12.40. 8. Section 12.56.120 and Section 12.56.150 of Chapter 12.56. 9. Chapter 13.04. SECTION 2: Sections 1.20.040(a) and (b) of Chapter 1.20 are hereby amended to read as follows: 1.20.040 Finder May Reclaim Property or Money. (A) If the reported value of the property or money is Two hundred fifty dollars ($250.00) or more, and the true owner does not appear and prove his ownership of the property within ninety (90) days, the Chief of Police shall cause notice of the property to be published once in a newspaper of general circulation. If, after seven (7) days following the first publication of notice, no owner appears and proves his ownership of the property, and the person who found or saved the property pays for the cost of -1- publication of the notice, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of the City, wherein the property shall be sold at auction as provided in Section 1.20.060 below. • (B) In the event the reported value of the property is less than Two hundred fifty dollars ($250.00) and no owner appears to prove his ownership of the property within ninety (90) days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of the City, in which case the property shall be sold at public auction as provided in Section 1.20.060 below. SECTION 3: Section 3.22.085 is hereby added to Chapter 3.22 to read as follows: 3.22.085 Exemptions. (A) Beneficiary or mortgagee taken in lieu of foreclosure; • The tax imposed by this Chapter shall not apply with respect to any deed, instrument, or writing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided, that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on the deed, instrument or writing or stated in an affidavit or declaration under penalty of perjury for tax purposes. (B) The transfer, division or allocation of property assets between spouses under judgment or dissolution of marriage, • separation or agreement in contemplation or judgement or order. (1) The tax imposed by this Chapter shall not apply with respect to any deed, instrument, or other writing which purports to transfer, divide, or allocate community, quasi- community, or quasi - marital property assets between spouses for the purpose of effecting a -2- division of community, quasi - community, or quasi - marital property which is required by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to the California Family Code, or by a written agreement between the spouses, executed in • contemplation of any such judgment or order whether or not the written agreement is incorporated as part of any of those judgments or orders. (2) In order to qualify for the exemption provided in subdivision (1), the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption. (C) Conveyance of realty by state or political subdivision or agency with agreement for purchaser to reconvey. The tax imposed by this Chapter shall not apply with respect to any deed, instrument, or other writing by which realty is conveyed by the State of California, any political subdivision • thereof, or agency or instrumentality of either thereof, pursuant to an agreement whereby the purchaser agrees to immediately reconvey the realty to the exempt agency. (D) Conveyance by state, political subdivision or agency of realty financed by obligations issued by nonprofit corporation. The tax imposed by this Chapter shall not apply with respect to any deed, instrument, or other writing by which the State of California, any political subdivisions thereof, or agency or instrumentality of either thereof, conveys to a nonprofit corporation realty the acquisition, construction, or improvement of which was financed or refinanced b;y obligations issued by the nonprofit corporation on behalf of a governmental unit, within the . meaning of Section 1.103 -1(b) of Title 26 of the Code of Federal Regulations. -3- SECTION 4: Chapter 5.04 of the Newport Beach Municipal Code shall be amended to read as follows: (1) Sections 5.04.130, Alternative tax, 5.04.150, Application for first license, 5.04.240, Statement for renewal of Licenses are • hereby deleted. (2) Section 5.04.160 is hereby amended to read as follows: 5.04.160 Processing of Application. Upon application and tender of the required license fee, the Finance Director shall process the application. Applications for new businesses, or as may be deemed necessary by the Finance Director, may be submitted to other departments as necessary, including the Health Officer if health and sanitation may be affected, to determine whether the business and premises to be occupied meet the requirements of state law and City ordinances. (3) Section 5.04.230 is hereby amended to read as follows: Payment and Term of License - Transition Period. All business licenses shall be issued on an annual basis. • The period covered by each license shall be from the date of issuance to twelve months from such (late. SECTION 5: (1) Section 5.12.010 of Chapter 5.12 shall be amended to read as follows: 5.12.010. The term ambulance and the definition of the term ambulance shall be deleted from this Section. (2) Section 5.12.320 (A) and (B) shall be amended to read as follows: • 5.12.320 Driver's Permit. A. Application: No person shall drive or operate any vehicle described in this Chapter in the City without first obtaining a permit in writing so to do from the Chief of Police. Any person desiring to obtain such driver's permit shall make a -4- written application therefor to the Chief of Police accompanied by a fee as established by the City Council. No permit shall be issued to any person under the age of eighteen (18) years, who does not have a validly issued, active license to drive from the California Department of Motor Vehicles. No permit shall be issued to any person who has been convicted of a felony, or within two • years immediately preceding such application has been convicted of reckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs, or who has been convicted of violating any provisions of the Alcoholic Beverage Control Act of the State of California, unless such person shows to the satisfaction of the Chief of Police that issuing a driver's permit to him would not in any way be contrary to the public interest, welfare or safety. Persons operating taxicabs, emergency or public safety vehicles must be: able to speak the English language. Any falsification on the application for said permit will be grounds for refusal of the permit. B. Personal Appearance. Before a permit is granted to • any applicant, the applicant shall be photographed or furnish an acceptable photograph, and be fingerprinted, and such photographs and fingerprints shall be filed with the permanent records of the Police Department. SECTION 6: (1) Sections 5.20.030 shall be amended to read as follows: 5.20.030 Secondhand Dealer Defined. A. Definition. The term "secondhand dealer" shall have the same meaning as that term is defined in California Business and Professions Code Section 21626. (2) Section 5.20.070 shall be amended to read as follows: • 5.20.070 Reports to Police. A. Every pawnshop, secondhand dealer, junk collector and junk dealer shall make out and deliver to the Police Department, a full, true and complete report the form and contents of which shall comply with the provisions of California Business -5- and Professions Code Section 21628 and 21631. The report shall be submitted as required by Section 21633. B. Confidential. The Chief of Police shall cause all reports received pursuant to the terms of this section to be filed in a secure place, and the same shall be open to inspection only by • members of the Police Department, or upon order of a court of competent jurisdiction. (3) Section 5.20.100 shall be amended to read as follows: 5.20.100 Disposition of Articles. No pawnbroker or secondhand dealer shall sell or otherwise dispose of any article, merchandise or thing within (thirty (30) days after the same has been received or purchased, nor fail to keep such article, merchandise or thing unaltered, as pledged or purchased, in lots separate and apart from other articles, merchandise or things in the place of business of such pawnbroker or secondhand dealer for a period of thirty (30) days from the date of pledge or purchase thereof. No junk dealer or junk collector shall sell or otherwise • dispose of any article, merchandise or thing within three (3) days after same has been received or purchased, nor fail to keep such article, merchandise or thing unaltered, as pledged or purchased, in lots separate and apart from other articles, merchandise or things in the place of business of such junk dealer or junk collector for a period of three (3) drays from the date of pledge or purchase thereof. SECTION 7: Section 12.46.020, 12.46.030 and 12.46.040 shall hereby be amended to read as follows: (1) 12.46.020 Establishment of On- Street Parking Spaces. • When so directed by a resolution of the City Council, the Traffic Engineer is hereby authorized to designate parking spaces for the exclusive use of physically handicapped persons whose vehicles display a distinguishing placard or license plate issued to disabled persons, as specified in the California vehicle Code. Such parking space shall be indicated by blue paint on the curb or on the edge of the paved portion of the street adjacent to the space. In addition to blue paint, this space may also be indicated by standard approved signs consisting of a profile view of a wheelchair with occupant in white on a blue background posted • immediately adjacent to, or visible from, each parking space. (2) 12.46.030 Establishment of Off - Street Parking Spaces. (A) The Traffic Engineer when so directed by a resolution of the City Council, is hereby authorized to designate spaces City- owned, leased or controlled off - street parking facilities for the exclusive use of physically handicapped persons whose vehicles display a distinguishing placard or license plate issued to disabled persons pursuant to the California Vehicle Code. (B) The City may cause the removal, from a stall or space designated for physically handicapped persons in such facility to the nearest public garage, of any vehicle not displaying one of the distinguishing placards or license plates authorized by the California Vehicle Code, if there is posted • immediately adjacent to, and visible from, such stall or space a sign which clearly and conspicuously states the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued to physically handicapped persons will be towed away at owner's expense. Towed vehicles may be reclaimed at the Newport Beach Police Department, 870 Santa Barbara Drive, Newport Beach, California, or by telephoning the Newport Beach Police Department at 644- 3677." (3) 12.46.040 Unauthorized Parking Prohibited. No person shall park a vehicle in a space or stall as designated in Sections 12.46.020 or 12.46.030 of this code without displaying • distinguishing placards or license plates issued for physically handicapped persons pursuant to the California Vehicle Code. -7- SECTION 8: Section 13.01.090 and 13.01.100 shall be added to Chapter 13.01 as follows: 13.01.090 Datum Plane. The sea level datum of 1929, as established by the United • States Coast and Geodetic Survey, is hereby established as the official datum plane of the City for the purpose of determining the grades and elevations of streets and sewers and for any other public works within the City, and for measuring all other grades, elevations, or surface points in the City, except that harbor work, dredging, and harbor structures may be referenced to mean lower low water, as established by the United States Coast and Geodetic Survey in and around Newport Harbor. 13.01.100 Duty of Property Owners to Repair and Maintain. When any portion of any sidewalk constructed in the City shall be out of repair, and in a condition to endanger persons or property passing thereon, or in a condition -to interfere with the public convenience in the use thereof, or when any condition shall exist • on any sidewalk as is defined in Section 5600 of the Street and Highway Code of the State of California, then no owner or person liable shall neglect or refuse to make repairs when required to do so in the manner and as provided for in Section 5610 -5618 of the California Streets and Highways Code. SECTION 9: Section 15.32.020 of Chapter 15.32 is hereby amended to read as follows: 15.32.020 Public Hearing by City Council. The City Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of • poles, overhead wires and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The City Clerk shall notify all affected property owners, as shown on the last equalized assessment so roll, and utilities concerned, by mail, of the time and place of such hearings at least (fifteen (15) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard. The decision • of the City Council shall be final and conclusive. SECTION 10: Section 15.45.040 of Chapter 15.45 shall be amended to read as follows: 15.45.040 Public Hearing - Notice. A public hearing on an application for a development agreement shall first be held by the Planning Commission and then by the City Council. Notice of intention to consider the adoption of a development agreement shall be given as provided in sections 65090 and 65091 of the California Government Code in addition to such other notices that may be required by law or ordinance for actions considered concurrently with the development agreement. • SECTION 11: Section 9.12.040(C) of Chapter 9.12 shall be amended to read as follows: (1) 19.12.040 Subdivisions Containing Less Than Five Lots. C. Required Notice. Notice of such hearing shall be given pursuant to sections 65090 and 65091 of the California Government Code. (2) Section 9.12.070(B) of Chapter 9.12 shall be amended to read as follows: 19.12.070 Subdivisions Containing Five or More Lots. B. Required Notice. Notice of such hearing shall be • given pursuant to Sections 65090 and 65091 of the California Government Code. SECTION 12: 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 of the City, and it shall be effective thirty (30) days after its adoption. SECTION 13: This ordinance was introduced at a regular •meeting of the City Council of the City of Newport Beach, held on the 10th day of July , 1995, and adopted on the 14th day of August , 1995, by the following vote, to wit: AYES, COUNCILMEMBERS EDWARDS, WATT DEBAY. HEDGES. COX. GLOVER. O'NEIL NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE MAYOR ATTEST: • WP C) �� � Y CITY CLERK • -10-