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
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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
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MAYO}
ATTEST: /
CITY CLERK
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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