HomeMy WebLinkAbout2010-26 - Amending Section 17.01.030 of Chapter 17.01, Section 17.40.020 of Chapter 17.40 and Section 17.60.040 of Chapter 17.60 of Title 17 of the Newport Beach Municipal Code Pertaining to Mooring PermitsORDINANCE NO. 2010-26
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
AMENDING SECTION 17.01.030 OF CHAPTER
17.01, SECTION 17.40.020 OF CHAPTER 17.40 AND
SECTION 17.60.040 OF CHAPTER 17.60 OF TITLE
17 OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO MOORING PERMITS
The City Council of the City of Newport Beach finds that:
1. The Management and Stewardship of Newport Harbor has been granted
under Tidelands Trust Legislation by the State of California. Vessel
moorings on the City Tidelands are intended to provide a lower -cost
alternative to boat slips in Newport Harbor and to provide boating
accessibility to a larger segment of the population. Historically, starting
from the 1930's, mooring transferability was limited under the Municipal
Code to allow an individual mooring permit holder to convey the existing
mooring hardware, and to transfer the mooring permit to another individual
only in conjunction with the sale of the vessel assigned to the mooring.
2. When this system was developed, demand for moorings was minimal.
Initially, an individual could request permission to install privately owned
mooring equipment and would be assigned a location and a mooring
number. Over the next thirty years when the designated mooring areas
were filled, an informal wait list was established. However, as the demand
increased over several decades, a significant value was associated with
possession of a mooring permit that was far in excess of the value of the
mooring hardware. As the value of the permit increased, the ability to
acquire a permit from the wait list decreased significantly.
3. When there is great demand for moorings, a value is associated with a
mooring permit well in excess of the annual permit fees. This value may be
inappropriate in light of the California Constitution's prohibition against the
gifting of public funds or assets as set forth in Article XVI, Section 6 of the
state Constitution. This amendment to the mooring permit and transferability
provisions of Title 17 provides for a revised and short-term process begins to
bring the City's administration of moorings into compliance with Article XVI,
Section 6. It also identifies fees, rents and charges that provide revenue
which can assist in funding Harbor maintenance and dredging projects and
Harbor amenities.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
HEREBY ORDAINS as follows:
SECTION 1: Section 17.01.030 of Chapter 17.01 of the Newport Beach
Municipal Code is hereby amended to add Section 17.01.030(A) (4) as follows:
17.01.030 Definition of Terms.
A. Definitions: A.
4. Assigned Vessel. The term "Assigned Vessel" shall mean a vessel
lawfully registered, owned or documented to a Permittee to occupy
a designated mooring or berthing location in Newport Harbor.
SECTION 2: Section 17.01.030 of Chapter 17.01 of the Newport Beach
Municipal Code is hereby amended to add Section 17.01.030(J) (15) as follows:
J. Definitions: M.
15. Multiple Vessel Mooring System. The term "Multiple Vessel
Mooring System" shall mean a floating platform secured to a single
point mooring only which allows multiple vessels to be secured that
are shorter in overall length than the side of the platform to which
the vessels are to be moored.
SECTION 3: Section 17.01.030 of Chapter 17.01 of the Newport Beach
Municipal Code is hereby amended to add Section 17.01.030(0) (11) as follows:
O. Definitions: S.
4. Sub - Permits.
a. Sub - Permits - Long Term. The term "Long Term Sub - Permit" shall be
defined as those mooring sub - permits issued by the City for the
temporary use of a Deemed Vacant or a Noticed Vacant mooring for a
period of between one (1) month -to- twelve (12) months.
b. Sub - Permit - Short Term. The term "Short Term Sub - Permit" shall be
defined as those mooring sub - permits issued by the City for a
temporary use of a Deemed Vacant or Noticed Vacant mooring for any
period of time less than thirty (30) days as determined by the Harbor
Resources Manager.
SECTION 4: Section 17.40.020 of Chapter 17.40 of Newport Beach Municipal
Code is hereby amended in its entirety to read as follows:
17.40.020 Live - Aboards Prohibited.
A. Live - aboards shall not be permitted at piers that are bay ward of
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residentially zoned areas. No person shall live- aboard any vessel on an onshore
mooring. (Ord. 2008 -2 § 1 (part), 2008)
B. Live - aboards are prohibited on moorings subject to long -term mooring
sub - permits as noted in Section 17.60.040(G).
C. Live - aboards may be permitted on moorings subject to short term sub -
permits according to Section 17.60.040(G).
SECTION 5: Section 17.60.040 of Chapter 17.60 of Newport Beach Municipal
Code is hereby amended in its entirety to read as follows:
17.60.040 Mooring Permits.
A. Permit Required. No person shall place, erect, construct, maintain, use or tie
to a mooring in the waters of Newport Harbor over City -owned or controlled
tidelands without first having obtained a mooring permit from the Harbor
Resources Manager or having otherwise complied with this section. A mooring
permit is in the nature of license for the temporary use of a specific location
within the Newport Harbor. Any work described and authorized in the permit
must be completed within the time designated in the permit.
B. Issuance of Permit — Conditions. The Harbor Resources Manager, in
furtherance of the tideland grants to the City, may issue a mooring permit or
mooring sub - permit to allow the Mooring Permittee or Mooring Sub- Permittee to
temporarily use a portion of the waters of Newport Harbor for the mooring of a
vessel.
1. Exceptions:
a. The Balboa Yacht Club and the Newport Harbor Yacht Club
(collectively, "Yacht Clubs ") currently hold permits for single
point moorings placed within certain mooring area
boundaries established by the City, except as noted in
Section 3 -f below. In addition, the Lido Isle Community
Association ( "LICA ") has permits for on -shore moorings on
Lido Isle. These organizations shall hold their respective
permits under the Yacht Club, or respective organization
name, for the moorings identified by Harbor Resources as
under their respective control at the time of enactment of this
ordinance. The Yacht Clubs and LICA shall be solely
responsible for managing moorings under their control and
shall be permitted to assign moorings under their control to
Yacht Club members and members of LICA, respectively.
The Yacht Clubs and LICA shall keep accurate records of
the name and address of the club members and community
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association members to which each mooring has been
assigned. Mooring records shall be made available for audit
by the Harbor Resources Manager during regular business
hours upon request.
b. Mooring of a Tender. A vessel no longer than fourteen (14')
feet in overall length to serve as access to and from the
Assigned Vessel, may be secured to the Assigned Vessel or
may be secured to the offshore mooring in the absence of
the Assigned Vessel.
C. Multiple Vessel Mooring System Program. The Harbor
Resources Manager may approve multiple vessel mooring
system in the mooring areas of Newport Harbor Yacht Club
and the Balboa Yacht Club. An application for a multiple
vessel mooring system shall be submitted in writing to the
Harbor Resources Manager, who shall evaluate the
application based upon standards he shall have established.
2. Permit Requirements. Each mooring permit shall be issued to one
natural person ( "Mooring Permittee ") who shall be responsible for
all activities related to the mooring permit. To the satisfaction of the
Harbor Resources Manager, the Mooring Permittee shall:
a. Identify on the permit the full legal name, current address,
current telephone number and current e-mail address, if one
exists, of the Mooring Permittee;
b. Agree to be responsible for permit fees, maintenance and
repair of mooring equipment;
C. Grant permission to the City of Newport Beach to temporarily
assign the mooring to another vessel when it is unoccupied
through the issuance of a mooring sub - permit;
d. Agree to defend and indemnify the City of Newport Beach
and any other government entity with jurisdiction against any
claims or losses arising out of, or related to the use of the
mooring permit except where the claim or loss arises out of
the sole negligence and /or sole misconduct of a person
assigned the mooring as a mooring sub - permittee under
subsections G and /or H below;
e. Provide proof of liability insurance on vessel as determined
by the City's Risk Manager, and;
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f. Provide registration or other proof of controlling possessory
right in the Assigned Vessel, all to the satisfaction of the
Harbor Resources Manager.
3. Permittee/Transferee Qualifications. A mooring permit may be held
by, or transferred to, only the following persons:
a. A natural person holding title to an Assigned Vessel;
b. An executor or administrator carrying out the terms of a will
or administering a probated estate that holds title to an
Assigned Vessel, but only for the period of time prior to
distribution of the estate;
C. An inter vivos trust, family trust, or other similar type of trust
estate holding title to an Assigned Vessel so long as all
trustors are natural persons and the primary Mooring
Permittee shall be the trustee of the trust;
d. An approved transferee whose vessel and /or mooring permit
are subject to any of the terms and conditions stated in
17.60.040(E);
e. A marine contractor or marine support service provider,
holding title to an Assigned Vessel used to provide current or
ongoing harbor infrastructure and marine or fishing services
(such as maintenance and dredging) as authorized under
the provisions of a Marine Activities Permit;
f. Balboa Island Yacht Club for the purposes of youth
education in boating and marine activities; Kerckhoff Marine
Laboratories for the purpose of marine and oceanographic
research; and American Legion Post 291 for the purpose of
serving veterans and their families and supplying them with
affordable access to boating and harbor activities.
g. The Balboa Yacht Club, Newport Harbor Yacht Club and
LICA (collectively "Yacht Clubs ") - only for those moorings
assigned by the City of Newport Beach within certain
established mooring areas or locations, prior to the
enactment of this amended ordinance. These designated
mooring areas may not be expanded. The boundaries of
these mooring areas are graphically depicted by National
Oceanographic and Atmospheric Administration ( "NOAA ")
Chart Number 18754. Yacht Clubs shall be entitled to a
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maximum number of moorings as can be accommodated in
the mooring fields designated in NOAA Chart Number 18754
and at a minimum the current number of moorings assigned
to them as of the effective date of this ordinance.
C. Plans and Specifications Required. No permit shall be issued for placing,
erecting, constructing or maintaining a mooring or buoy unless such mooring or
buoy is constructed:
1. In accordance with standard plans and specifications approved by
the Harbor Resources Manager and at a location approved by the
Harbor Resources Manager; or
2. In accordance with other plans and specifications for such mooring
or buoy which have been submitted by the applicant, showing the
construction of such proposed mooring or buoy together with the
location thereof, and which meet the requirements established in
this chapter and which have been approved by the Harbor
Resources Manager.
D. Unpaid Fees. When the permittee is in arrears for a period of ninety (90)
days or more, the Harbor Resources Manager may, at his discretion, revoke the
permit upon five (5) days written notice to the permittee by first class mail to the
address shown on the permit. If the mooring is not removed by the permittee
within thirty (30) days after cancellation of the permit, then it shall be deemed
abandoned and the title thereto shall vest in the City. Mooring Permittee may
apply for reimbursement for the value of the mooring equipment pursuant to
subsection M below.
E. Transfer of Permit. No Mooring Permittee shall transfer a permit for a
mooring or buoy granted under the provisions of this chapter, except,
1. When transferred from a natural person to another member of his or her
immediate family along with the Assigned Vessel, which shall be
defined for the purposes of this section as the Mooring Permittee's
spouse and heirs at law to the second degree of consanguinity; or
2. When a natural person has taken title to an Assigned Vessel already on
a mooring, the mooring will be surrendered to the City for assignment
pursuant to the Interest List under subsection M below, or that
transferee may, upon request and payment of relevant fees, have up to
six (6) months from the date of taking title to remain on the mooring
while searching for other accommodations for the vessel. The Harbor
Resources Department may accommodate the vessel on another
mooring subject to availability for up to the six (6) months. After six (6)
months, the Harbor Resources Manager or his or her designee shall
direct that the vessel be moved off the mooring and that the mooring be
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assigned through on the Mooring Interest List; or
3. In cases not reflected in 1 and 2 above, a Mooring Permit may be
transferred prior to January 1, 2021 up to two times if the Mooring
Permittee intends to sell or otherwise transfer, or has sold or
transferred, ownership of the Assigned Vessel and does not intend to
replace the Assigned Vessel with another vessel owned by Mooring
Permittee.
F. Procedures for Transfers: Permits shall not be transferred without the prior
written approval of the Harbor Resources Manager. The Harbor Resources
Manager shall approve the transfer of a mooring permit under the procedures
set out below:
1. The Mooring Permittee (or, if the Permittee is deceased or
incapacitated, the transferee) shall submit to the Harbor Resources
Manager:
a. A completed mooring transfer form (on the form provided by
the Harbor Resources Manager); and
b. Documentation that the proposed new Mooring Permittee
(Transferee) qualifies as a Mooring Permittee under section
B (3) above.
2. If transferee intends to purchase an Assigned Vessel but does not
have title on the Assigned Vessel owned by the Mooring Permittee
and transferor at the time of transfer, then:
a. Within sixty (60) days of a transfer, transferee shall submit to
Harbor Resources Manager a copy of a California
Department of Motor Vehicles registration or other current
registration (or in lieu thereof, U.S. Coast Guard
documentation of ownership) documenting transferee's
ownership of the Assigned Vessel, or in the case of a shore
mooring, a photograph of the Assigned Vessel if it is not
subject to vessel registration laws; or
b. If such documentation is not received by the Harbor
Resources Manager within the sixty (60) day period, then the
mooring may be deemed vacant and may be assigned
pursuant to sub - sections G and H below. If the
documentation is not received within an additional sixty (60)
days, the mooring shall revert back to the City for
assignment through the Interest List as set out in subsection
M below.
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3. If Transferee intends to moor a vessel other than the Assigned
Vessel and does not have title to the vessel that will be moored at
the time of transfer, then:
a. Within sixty (60) days of an approved transfer the transferee
shall notify Harbor Resources Manager that the Assigned
Vessel has been removed from the mooring and before a
new vessel may be placed on the mooring shall submit to
Harbor Resources Manager a copy of a California
Department of Motor Vehicles registration or other current
registration (or in lieu thereof, U.S. Coast Guard
documentation of ownership) documenting transferee's
ownership of the new Assigned Vessel, or in the case of a
shore mooring, a photograph of the new Assigned Vessel if it
is not subject to vessel registration laws; or
b. If the documentation is not received within 60 days of a
transfer, the mooring may be deemed vacant and may be
assigned pursuant to subsection G and H below. If the
documentation is not received within an additional sixty (60)
days, the mooring shall revert back to the City for
assignment through the Interest List as set out in subsection
M below.
4. The transfer request shall be denied unless Mooring Permit fees
are paid current; required mooring inspections are current; required
maintenance and repairs are complete and there are no derelict or
unauthorized vessel(s) on the mooring.
5. The Mooring Permittee and transferee shall provide a written
agreement to defend and indemnify the City of Newport Beach in
any dispute with a third party over transferee's right to be the
Mooring Permittee or in any dispute with a third party over the
Mooring Permittee's right to transfer the permit.
6. Transfer Approval. Upon confirmation of compliance with this
subsection, the Harbor Resources Manager must find all of the
following conditions to approve the transfer of a mooring permit:
a. The Mooring Permittee no longer owns the Assigned Vessel
or has retained ownership of the Assigned Vessel and has
permanently vacated the mooring;
b. The specific mooring location has not been previously
transferred more than one (1) time between the effective
date of this ordinance and December 31, 2020;
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G. The transferee has met all the qualifications and conditions
for issuance of a permit in subsection B above.
7. The Harbor Resources Manager may approve a one for one
exchange of moorings between two Mooring Permittees, subject to
compliance with this subsection without any transfer fee imposed
by the City.
8. The Harbor Resources Manager may approve the changing of an
Assigned Vessel on the permit, subject to the requirements of
Section B above, without any transfer fee imposed by the City.
G. City's Authority to Assign Moorings through Use of Sub - Permits. With the
exception of the Balboa Yacht Club, the Newport Harbor Yacht Club, and
the Lido Isle Community Association's designated moorings, Mooring
Permittee may not rent, assign, or transfer the use of the mooring to any
other person. With the exception of moorings issued to Mooring
Permittees described in Section B (3) (e), City shall have the authority to
assign vacant moorings to sub - permittees pursuant to the following
provisions:
which:
Deemed Vacant Moorings. City may assign Deemed Vacant
Moorings through the issuance of long term sub - permits at its own
discretion for any period of time up to one (1) year. Long term sub -
permits may be renewed upon availability. The Mooring Permittee
may reclaim its mooring upon thirty (30) days prior written notice to
City of its intent to return the Assigned Vessel to the mooring.
A "Deemed Vacant Mooring" shall be defined as a mooring upon
a. An Assigned Vessel has not been attached for thirty (30)
consecutive days or more; or
A vessel, other than an Assigned Vessel, has been attached
for thirty (30) days or more; or
C. Required documentation for an Assigned Vessel has not
been provided for a transfer request pursuant to Section E
above.
2. Noticed Vacant Moorings: City may assign Noticed Vacant
Moorings at its own discretion through the issuance of a mooring
sub - permit for any period of time, either long or short term, up to
the reoccupation date on Mooring Permittee's written notice, or the
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twenty -four (24) hour written notice per subsection (b) below. If the
mooring continues to be vacant for thirty (30) days past the
reoccupation date indicated on Mooring Permittee's notice, and
there is no further written notice from Mooring Permittee, the
mooring shall become a Deemed Vacant Mooring.
a. Mooring Permittee may provide written notice to City of its
intent to vacate its mooring for fifteen (15) days or more.
These moorings shall be "Noticed Vacant Moorings."
Written notice shall include the date the Mooring Permittee
intends to vacate his /her mooring, and the date he /she
intends to reoccupy the mooring with the Assigned Vessel.
b. If Mooring Permittee provides notice, the Mooring Permittee
may reclaim the assigned mooring on the reoccupation date
indicated in his /her written notice, or, if the Mooring
Permittee r returns prior to or after the reoccupation date,
upon twenty -four (24) hours written notice to the City.
H. Procedures for Mooring Sub - Permit Issuance. Any natural person wishing
to use a mooring pursuant to the issuance of a sub - permit must enter into
a written mooring sub - permit agreement with the Harbor Resources
Department that includes the following:
1. A written representation of the current gross vessel weight which
shall be satisfactory to the Harbor Resources Manager.
2. An agreement to be responsible for any damage to mooring
equipment, to defend and indemnify the City of Newport Beach and
the Mooring Permittee against any claims or losses arising out of,
or related to the mooring rental, and that requires the mooring sub -
permittee to provide proof of liability and marine pollution insurance,
registration or other proof of ownership, and an equipment damage
deposit, all to the satisfaction of the Harbor Resources Manager.
3. The repair of any damage to the mooring equipment shall be paid
by the mooring sub - permittee.
4. Mooring sub - permittees shall provide approved mooring lines which
shall be removed at the end of the rental period.
5. A mooring sub - permit agreement is renewable based on
availability. Upon return of the Assigned Vessel to the mooring, the
Harbor Resources Department will attempt to reassign the sub -
permittee to another mooring. Mooring sub- permittees have no right
of renewal or substitute moorings upon return of the Assigned
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Vessel, or upon termination of a mooring sub - permit agreement for
any reason. Mooring sub - permittees accept an indefinite term at
their own risk.
6. The sub - permit fee will be based on a rate established by the
Newport Beach City Council and delineated in the Master Fee
Schedule Resolution.
7. Live - aboards are not permitted on moorings subject to long term
mooring sub - permits. Live - aboards may be temporarily permitted
on moorings subject to short-term sub - permits pending vessel
inspection and subsequent re- inspection per each short-term sub -
permit renewal.
8. Short term sub - permit renewals are not guaranteed and are
subject to availability.
9. Mooring sub - permits that are available for thirty (30) days or more
shall be first offered to persons on the Interest List, as defined
below, as a priority. Non - acceptance of such mooring assignments
shall not cause such persons to lose their position on the Interest
List.
10. Mooring sub - permits that are available for less than a thirty (30) day
period shall be offered to the public on a first -come, first -serve
basis.
11. A mooring may be loaned free of charge by the Mooring Permittee
to a vessel other than the Assigned Vessel for no more than thirty
(30) consecutive days provided that: 1) The Mooring Permittee
provides the Harbor Resources Manager with written notice
identifying the vessel that will use the mooring; 2) The Mooring
Permittee has not loaned the mooring for more than sixty (60) days
in the twelve (12) month period that immediately precedes the
commencement of the current mooring loan; and 3) The vessel
owner requesting a loan has not previously been the recipient of
loans for more than ninety (90) days in the previous twelve (12)
months.
I. Mooring Interest List
1. The Mooring Interest List ('Interest List ") is the list or lists of natural
persons as of the date of the adoption of this ordinance, who wish
to obtain a mooring permit as permits revert to the City or who wish
to be assigned a mooring on a long term basis from the City
through the issuance of a mooring permit or mooring sub - permit.
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On and after the effective date of this ordinance, the Interest List(s)
shall be maintained for natural persons interested in securing a
mooring permit, or being temporarily assigned the use of a Deemed
Vacant or a Noticed Vacant Mooring.
2. Any person wishing to be added to the Interest List must do so by
completing a written application and paying a fee to be established
by resolution of the City Council. Any person may be removed from
the Interest List by producing a written signed notice to the Harbor
Resources Manager at any time, requesting to be removed from
the Interest List.
3. Each even numbered calendar year, the City shall send one notice
to all persons on the Interest List requesting confirmation of
continued interest and /or updating of contact information. If there is
no response to the thirty (30) day notice along with payment of the
administrative fee referenced in 1 (4) below, then the person shall
be removed from the Interest List.
4. Each person on the Interest List is responsible to keep the City
informed of any changes to his or her mailing address or other
contact information and must pay a fee for the administrative costs
to maintain the Interest List to be established by resolution of the
City Council. Nonpayment of such fee shall cause the person to be
removed from the Interest List.
5. Persons on the Interest List will be notified of revoked mooring
permit or mooring sub - permit or, surrendered or abandoned
moorings and given the opportunity to receive a mooring permit or
sub - permit.
J. Mooring Permit Transfer Charge. The City shall charge the Mooring
Permittee for the right to transfer a mooring permit under section E above
in an amount equal to fifty percent (50 %) of the annual permit fee as
determined by the Master Fee Schedule. A mooring permit transfer
charge shall not be required if:
1. The transfer is from the Mooring Permittee to the same Mooring
Permittee as trustor of an inter vivos trust, living trust or other
similar estate planning tool; or
2. The transfer is made under Section 17.60.040(E) (7) and (8).
K. Surrendered Mooring Equipment. If the Mooring Permittee sells,
transfers, or otherwise no longer owns the Assigned Vessel and does not
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intend to apply for, or does not receive approval to transfer the Permit to
another, the Permittee may provide written notice to the Harbor Resources
Department of his or her intent to surrender the mooring permit, otherwise
the provisions of Section F regarding a vacant mooring shall apply.
Once a mooring permit is surrendered, the Mooring permittee shall
remove the Assigned Vessel and /or the mooring equipment thirty (30)
days after written notice of surrender of the Permit, or, upon failure to
remove the mooring equipment, title shall vest in the City and the City
shall compensate Mooring Permittee the fair value for the mooring
equipment, less fees owed, as provided in subsection M below.
L. Revocation of Permit.
1. Grounds for Revocation. A Mooring Permit or sub - permit may be
revoked upon any of the following grounds set forth in Section
17.70.020 or for any of the following:
a. The moored vessel, or the mooring equipment has been
determined to violate the applicable Mooring Regulations in
Section 17.25.020, and the Mooring Permittee or Sub -
permittee has not made the necessary corrections or repairs
within the time required;
C. The mooring Permittee has failed or refused to allow an
inspection of the vessel to determine if it is seaworthy and
operable, a public nuisance or in compliance with applicable
marine sanitation device requirements;
d. Living aboard a vessel assigned to a mooring without a live -
aboard permit unless otherwise noted in Section
17.60.040(G).
2. Notice and Hearing. In the event the Harbor Resources Manager
determines there are grounds to revoke a permit issued pursuant to
this chapter, the Harbor Resources Manager shall proceed in the
manner described by Section 17.70.020.
3. Upon revocation, it shall be the duty of the Mooring Permittee to
immediately remove the mooring equipment and any moored
vessel. If not removed within thirty (30) days of revocation of the
Permit, the mooring equipment shall vest in the City and may be
auctioned by the City to another person or may be removed by the
Harbor Resources Manager and the cost of mooring equipment
removal shall be paid by the Mooring Permittee. Any moored
vessel or equipment not removed within thirty (30) days may be
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impounded by the City and disposed of in the manner provided by
law. City incurred costs of removal of mooring equipment or any
vessel moored thereto may be charged against the Permittee and
collected in any court of competent jurisdiction or recovered by the
City from the proceeds of sale of the vessel or mooring equipment.
4. During any revocation proceeding under this Section L, if the
mooring is unoccupied, it may be temporarily assigned as a
mooring for guest vessels by the Harbor Resources Manager.
M. Moorings Reverting Back To City: Should a mooring revert back to the
City for any reason, whether through abandonment, surrender, failure to provide
documents pursuant to subsection E. above, or for any other reason, the
following shall apply:
1. The Mooring Permittee shall be entitled to recover all of Mooring
Permittee's mooring equipment within thirty (30) days of reversion.
2. If Mooring Permittee does not recover his or her mooring equipment,
Mooring Permittee shall be entitled to payment from the City of the fair
value of the mooring equipment as depreciated by use in an amount to
be determined by the Harbor Resources Manager and as set in the
City's Master Fee Resolution.
3. The mooring shall be assigned to an individual form the Interest list
pursuant to subsection I above.
4. No mooring that reverts to the City for assignment off of the Interest
List, or by any other appropriate procedure, shall have any right to a
later assignment by a Mooring Permittee whatsoever.
SECTION 5: 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 fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 6: 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 7: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the _ day of 2010,
(A08 -00136J- Mooring Admin. Ord - CL-an - 12.20.10- Chip's Typos
and adopted on the23rdday of November , 2010, by the following vote, to wit:
AYES, COUNCILMEMBERS Selich, Rosansky,
Henn, Mayor Curry
NOES, COUNCILMEMBERS Gardner, Daigle
ABSTAIN, COUNCILMEMBERSwebb'
MAYOR
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
s
By
David R. Hunt, City Attorney
ATTEST:
CI & V Awr�
TY C LERK
(A08 -001361- Mooring Admin Ord - Clean - 12.20.10- Chip's Typos.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH 1
I, Leilani I. Brown, 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. 2010 -26 was duly and regularly introduced on the 23rd day of November, 2010,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 14th day of December, 2010, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Selich, Rosansky, Henn, Mayor Curry
Noes: Gardner, Daigle
Absent: None
Abstain: Webb
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of December, 2010.
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2010 -26 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 dates:
Introduced Ordinance: November 27, 2010
Adopted Ordinance: December 18, 2010
In witness whereof, I have hereunto subscribed my name this I V day of
2930.291!
am- I. 6K�:�
City Clerk
City of Newport Beach, California