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Home My WebLink About2000-6 - Approving an Amendment to Section 15.60.010 (Site Cleanup Fee - Purpose), Section 15.60.020 (Amount of Deposit), Section 15.60.50 (Notice) of Title 15 of the NBMC Pertaining to Construction Site Cleanup Deposit.• ORDINANCE NO. 2000- 6 AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO SECTION 15.60.010 (SITE CLEANUP FEE - PURPOSE), SECTION 15.60.020 (AMOUNT OF DEPOSIT), SECTION 15.60.050 (NOTICE) OF TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO CONSTRUCTION SITE CLEANUP DEPOSIT. WHEREAS, the Newport Beach City Council adopted a fee resolution 98 -45 on June 22, 1998; and WHEREAS, adopted resolution 98 -45 contained schedules of construction cleanup deposit amounts; and WHEREAS, NBMC Section 15.60.020 contains duplicate construction cleanup deposit schedules; and • WHEREAS, NBMC Section 15.60.010 contains reference to these duplicate schedules; and WHEREAS, an editorial change to Section 15.60.040 is necessary; and The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 15.60.010 (Site Cleanup Fee - Purpose), Section 15.60.020 (Amount of Deposit), Section 15.60.040 (Notice) of Title 15 of the Newport Beach Municial; Code shall be revised to read as follows: • Sections: 15.60.010 Chapter 15.60 CONSTRUCTION SITE CLEANUP Site Cleanup Fee — Purpose i 15.60.020 Amount of Deposit • 15.60.030 Type of Deposit 15.60.040 Notice 15.60.050 Action by City 15.60.060 Refund of Deposit 15.60.070 Appeal to City Council 15.60.010 Site Cleanup Fee -- Purpose. Prior to the issuance of any building permit or grading permit, the Building Official shall require a site cleanup deposit to be deposited with the City Finance Director in a sum as set forth in the City Council fee resolution. This site cleanup deposit is intended to ensure the removal of construction and demolition debris from construction sites and public property adjoining the construction sites to ensure isthat the permittee installs and maintains erosion control and desilting basins as required by ordinance, and to ensure that inspections are requested at the appropriate time, thereby ensuring the health, safety and welfare of the citizens of the City of Newport Beach. 15.60.020 Amount of Deposit. The amount of the site cleanup deposit shall be determined either in accordance with the valuation of the proposed construction or in accordance with the extent of the grading to be undertaken prior to construction. The Building Official shall have the discretion to choose the site cleanup deposit from one, but not both, of the schedules given due regard to the extent of the proposed grading and construction. The site cleanup deposit schedules are as set forth in the City Council fee resolution. • 15.60.030 Type of Deposit. 2 • The applicant for a building permit or grading permit shall deposit cash or other instrument of deposit in a form satisfactory to the City Attorney in the amount required by the Building Official pursuant to the provisions of Section 15.60.020. 15.60.040 Notice. Written notice shall be given to the applicant/permittee when any of the following conditions exist: 1. When, in the opinion of the Building Official or any building inspector, there is an unnecessary or excessive accumulation of construction debris or material on or off site; 2. When, in the opinion of the Building Official or any building inspector, • the applicant/permittee has failed to properly install and maintain erosion control devices such as desilting basins; 3. When, in the opinion of the Building Official or any building inspector, material or debris relating to the construction or grading constitutes a threat or danger to the health, safety or welfare of any person; or 4. When, in the opinion of the Building Official or any building inspector, construction or grading is in violation of any ordinance of the City of Newport Beach or is in violation of any of the conditions imposed by the City at the time of the approval of the permit. Such written notice shall be deemed to have been given to the applicant/permittee when written notice is posted at the construction site. Such notice shall describe the action to be taken by the applicant/permittee and the period of time within which that action must be • taken. 15.60.050 Action by City. 3 • In the event that the applicant/permittee fails to take action in accordance with the provisions of Section 15.60.040, the City of Newport Beach or its agents or employees at its option may enter the construction or grading site and take the action required of the contractor pursuant to the provisions of Section 15.60.040. The actual expense incurred by City as a result of taking this action shall be deducted from the cash deposit and paid over to the City, and the remainder, if any, returned to the applicant/permittee at such time as the final discretionary action is taken by the Building Official. In the event the cost of the action taken by the City exceeds the amount of the deposit, work on the project shall be stopped until such time as an additional sum is placed in deposit by the applicant/permittee as provided in Section 15.60.010. 15.60.060 Refund of Deposit. • At such time as the final approval of the project has been given by the Building Official, and in the event that all of the action has been taken by the applicant/permittee required of it pursuant to the provisions of this chapter and pursuant to the instructions of the Building Official, then the full amount of the deposit remaining shall be refunded to the applicant/permittee upon final approval of the structure by the Building Official. 15.60.070 Appeal to City Council. The City Council shall have the power to hear and decide appeals based on the enforcement or interpretation of the provisions of this chapter. SECTION 2. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such • decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the 4 • fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of March , 2000, and was adopted on the 28th day of March , 2000, by the following vote to wit: AYES, COUNCIL Thomson, Glover, Adams, Debay, • Ridgeway, O'Neil, Mayor Noyes NOES, COUNCIL MEMBERS None • ATTEST.• ABSENT COUNCIL MEMBERS None 5 Mayor • �(1�(l /J M. NltjZ&v City Clerk r �qusow`'� • • • • E STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. 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. 2000 -6 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 28th day of March, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil and Mayor Noyes Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of March 2000. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2000 -6 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: April 1, 2000. In witness whereof, I have hereunto subscribed my name this (0-tx day of 2000. z� , City Clerk City of Newport Beach, California