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HomeMy WebLinkAbout98-13 - Amending Sections 17.24.010 and 17.24.050 of the Newport Beach Municipal Code Pertaining to Permits for Beach Excavation and Appeal Procedures for Harbor PermitsORDINANCE NO. 98. 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 17.24.010 AND 17.24.050 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PERMITS FOR BEACH EXCAVATION AND APPEAL PROCEDURES FOR HARBOR PERMITS WHEREAS, the City Council has determined that there is a need to provide a permit procedure for beach excavation; and WHEREAS, the City Council desires to provide expanded opportunities for members of the public to appeal decisions on Harbor Permits made by the Fire and Marine Chief; NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 17.24.010 is amended to read as follows: 17.24.010 Permit Required for Construction or Alteration. No person or agency shall build, maintain, extend or make structural alterations on any building, pier, piling, bulkhead, sea wall, reef, breakwater or other structure in, upon or over the waters of Newport Harbor or the • Pacific Ocean or any other water where the tide ebbs and flows within the City, or do any filling, excavating or dredging in said waters or ocean, or on any ocean or bay beach, without first obtaining a written permit to do so from the City. SECTION 2: Section 17.24.050 A.2 is amended to read as follows: 2. The proposed application is likely to create navigational congestion, or otherwise interfere with the rights of other harbor permittees within Newport Harbor, or other oceanfront property owners. SECTION 3: Section 17.24.050 B is amended to read as follows: B. Appeals. Decisions by the Fire and Marine Chief relative to Harbor Permit applications may be appealed to the City Manager by filing a written appeal with the Office of the City Manager within fourteen (14) days from the notice of the decision. The City Manager shall consider the appeal and render a decision within fourteen (14) days from the date of the appeal. A decision by the City Manager may be appealed to the City Council within fourteen (14) days from the notice of the decision. The City Clerk shall cause written notice of the time, place and purpose of 1 is `r u • the City Council hearing to be sent to the applicant or appellant by certified mail at least fifteen (15) days prior to the date of the hearing. The City Council may sustain, overrule or modify the action of the City Manager, and the decision of the City Council shall be final. A separate permit must be obtained from the Building Official for any plumbing or electrical work on harbor structures. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was adopted at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of June 1998, by the following vote: Thomson, Glover, O'Neil, AYES, COUNCILMEMBERS Mayor Edwards, Noyes, Debay, Hedges NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS f MAYO} ATTEST: / CITY CLERK 2 • C STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 95 -13 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of June, 1995, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, and Mayor Edwards Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of June, 1995. (Seal) STATE OF CALIFORNIA ) COUNTY OF ORANGE } CITY OF NEWPORT BEACH } City Clerk of the City of Newport Beach, California ERTIFICATE OF PUBLICATION as. I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 95 -13 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: June 27, 1995. In witness whereof, I have hereunto subscribed my name this o day of �, 1995. (Inv" fin iJ0_Wz_(e1jL, City Clerk of the City of Newport Beach, California