HomeMy WebLinkAbout2011-13 - Adding Chapter 10.66 to the Newport Beach Municipal Code Pertaining to Loud and Unruly Gatherings and Amending Sections 5.95.060 and 5.95.065 of the Newport Beach Municipal Code Pertaining to Short Term Lodging UnitsORDINANCE NO. 2011 -13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER
10.66 TO THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO LOUD AND UNRULY GATHERINGS AND
AMENDING SECTIONS 5.95.060 AND 5.95.065 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
SHORT TERM LODGING UNITS
WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed by a
charter adopted by the citizens of the City; and
WHEREAS, Article XI, Section 5 of the Constitution of the State of California
authorizes charter cities to enact ordinances with respect to their municipal affairs; and
WHEREAS, the City Council finds and declares that due to inadequate
supervision, some parties or other large gatherings of people frequently become loud and
unruly to the point that they constitute a threat to the peace, health, safety, or general
welfare of the public as a result of conduct such as one or more of the following:
excessive noise, excessive traffic, obstruction of public streets or crowds who have spilled
over into public streets, obstruction of rights of way by people or vehicles participating in
these large gatherings, public intoxication, the consumption by and provision of alcohol to
minors, fights, disturbances of the peace, vandalism, urinating or defecating in public, and
litter: and
WHEREAS, the City Council finds and declares that the City's Police Department
is sometimes required to make multiple responses to locations of such Loud or Unruly
Gatherings in order to restore and maintain the peace and protect public safety. This
causes an additional burden on scarce City resources, and can result in police responses
to regular and emergency calls for service being delayed, and police protection to the rest
of the City being reduced; and
WHEREAS, the City Council finds and declares that the cited impacts negatively
affect both the neighborhoods in which such Loud and Unruly Gathering occur and the
public safety resources of the City; and
WHEREAS, the City Council finds and declares that Loud or Unruly Gatherings
are contrary to the public interest and problems associated with Loud or Unruly
Gatherings are difficult to prevent or deter unless law enforcement has the additional legal
authority to impose civil fines; and
WHEREAS, the City Council finds and declares that it is the intent of this Chapter
to protect the public health, safety, general welfare, and quiet enjoyment of residential
property, rather than to punish; and
WHEREAS, the City Council finds and declares that persons who actively or
passively aid, abet, or allow Loud or Unruly Gatherings should be held liable for the
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nuisances created by such gatherings, including, without limitation, the imposition of civil
fines; and
WHEREAS, the City Council finds that the proposed ordinance will not result in a
direct or reasonably foreseeable indirect physical change in the environment (Section
15060(c)(2) of the California Environmental Quality Act Guidelines); and
WHEREAS, this agenda item has been noticed in accordance with the Ralph M.
Brown Act (72 hours in advance of the public meeting) and the item appeared upon the
agenda for this meeting which was posted at City Hall and on the City's website.
NOW THEREFORE, the City Council of the City of Newport Beach, California,
HEREBY ORDAINS as follows:
Section 1: Chapter 10.66 of Newport Beach Municipal Code is hereby added to
read as follows:
Chapter 10.66
LOUD AND UNRULY GATHERINGS
Sections:
10.66.010
Definitions
10.66.020
Loud or Unruly Gathering— Public Nuisance
10.66.030
Posting of Notice Regarding Loud or Unruly Gathering
10.66.040
Second and Subsequent Responses
10.66.050
Notice of Violation
10.66.060
Violation — Penalty — Civil Fine
10.66.070
Administrative Hearing, Appeal
10.66.080
Collection of Delinquent Costs
10.66.090
Cumulative Remedies
10.66.010 Definitions
For the purposes of this Chapter, the following definitions shall apply:
A. "Loud or Unruly Gathering" means a gathering of eight (8) or more persons on any
Residential Unit for a social occasion or other activity upon which loud or unruly
conduct occurs and results in a public nuisance or a threat to the public health,
safety, general welfare, or quiet enjoyment of residential property or nearby public
property.
1. As used in this Chapter, loud or unruly conduct includes, without limitation,
any or all of the following:
a. Excessive noise or traffic;
b. Obstruction of public streets by crowds or vehicles;
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C. Obstruction of rights of way by people or vehicles
d. Public drunkenness;
e. The service of alcohol to Minors;
f. Possession and /or consumption of alcohol by Minors;
g. Assaults, batteries, fights, domestic violence or other disturbances of
the peace;
h. Vandalism;
i. Litter; or
j. Urinating or defecating in public.
2. Loud or unruly conduct does not include any activity that is:
a. Protected by Article 1, Section 4 of the California Constitution;
b. Protected by the First or Fourteenth Amendments to the United
States Constitution; or
C. Regulated by the California Alcoholic Beverage Control Act.
B. "Responsible Person" means and includes without limitation:
1. Any person(s) who is present at and rents, leases or otherwise is charge of
the Residential Unit where a Loud or Unruly Gathering occurs; or
2. Any person(s), including any business, company or entity, who organizes or
sponsors a Loud or Unruly Gathering; or
3. Any person(s) who attends a Loud or Unruly Gathering and engages in loud
or unruly conduct.
If the Responsible Person is a Juvenile, then the parent(s) or guardian(s) of that
Juvenile shall also be considered a Responsible Person.
C. "Residential Unit' means any residential "Dwelling unit," as that term is defined in
section 20.70.020 of this Code, and includes any garage, carport, walkway, yard,
patio; deck, or other similar area associated with an individual Dwelling unit.
However, "Residential Unit' does not include any room or unit of a hotel or motel.
D. "Owner" means any person(s), including any firm, association, organization,
partnership, trust, business, corporation, company or entity, who owns the
Residential Unit where a Loud or Unruly Gathering occurs.
E. "Juvenile" means any person under the age of eighteen (18) years old.
F. "Minor" means any person under the age of twenty -one (21) years old.
10.66.020 Loud or Unruly Gathering — Public Nuisance
A. It shall be unlawful and constitute a public nuisance for any Owner or Responsible
Person to cause or allow a Loud or Unruly Gathering to occur at any Residential
Unit within the City. A Loud or Unruly Gathering may be abated by the City by all
reasonable means, including, but not limited to, an order of a peace officer
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requiring the Loud or Unruly Gathering to be disbanded, the issuance of citations,
and /or the arrest of any person(s) committing a violation of law under applicable
State or local laws.
B. Nothing in this section shall be construed to impose liability on an Owner, resident
of the Residential Unit, the person in charge of the Residential Unit, or the
organizer or sponsor of the gathering, for the conduct of persons who are present
without the express or implied consent of the resident, person in charge of the
Residential Unit or the organizer or sponsor, as long as the resident, person in
charge of the Residential Unit or the organizer or sponsor have taken all steps
reasonably necessary to exclude such uninvited persons from the Residential Unit,
including an Owner who is actively attempting to evict a tenant from the Residential
Unit.
C. Where an invited guest engages in conduct which the resident, person in charge of
the Residential Unit, or the organizer or sponsor could not reasonably foresee and
the conduct is an isolated instance of an invited guest at the event violating the law
which the resident, person in charge of the Residential Unit, or the organizer or
sponsor is unable to reasonably control without the intervention of a peace officer,
the unlawful conduct of the individual invited guest shall not be attributable to the
Owner, resident, person in charge of the premises, or the organizer or sponsor for
the purpose of determining whether the event constitutes a Loud or Unruly
Gathering.
10.66.030 Posting of Notice Regarding Loud or Unruly Gathering
A. Posting of Residential Unit. When a peace officer intervenes at a Loud or Unruly
Gathering, the Residential Unit at which the Loud or Unruly Gathering occurs shall
be posted with a black and white notice stating (1) that the intervention was
necessary as a result of a public nuisance caused by a Loud or Unruly Gathering;
(2) the date of the intervention; (3) that any subsequent Loud or Unruly Gathering
within ninety (90) days from the date of the prior Loud or Unruly Gathering may
result in civil fines for all Responsible Person(s) as well as any other person
present at the subsequent Loud or Unruly Gathering; and (4) that is it unlawful to
remove, alter, tamper with or deface the notice.
B. Without written authorization from the City, it shall be unlawful for any person to
remove, alter, tamper with or deface the posted notice of a Loud or Unruly
Gathering from the Residential Unit prior to the expiration of the entire ninety (90)
day period from the date of posting.
C. Without written authorization from the City, it shall be unlawful and subject to a civil
fine for any Owner or person who rents, leases, or otherwise has control of the
Residential Unit where a notice has been posted of a Loud or Unruly Gathering to
allow the removal, alteration, tampering with, or defacement of, the posted notice
of a Loud or Unruly Gathering from the Residential Unit prior to the expiration of
the entire ninety (90) day period from the date of posting.
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D. Mailing of Notice to Owner. If a notice is posted pursuant to 10.66.030(A) and the
Owner of the Residential Unit is different than any Responsible Person who
received a citation or notice at or near the time of posting the notice, a notice
concerning the Loud or Unruly Gathering shall be mailed to such Owner of the
Residential Unit at the address shown on Orange County's last equalized property
tax assessment roll, or the supplemental roll, whichever is more current. The
notice shall advise the Owner that any subsequent Loud or Unruly Gathering on
the same premises within ninety (90) days of the Loud or Unruly Gathering that is
the subject of the notice may result in additional civil fines as established by this
Chapter.
10.66.040 Second and Subsequent Responses
If after posting of a notice pursuant to subsection 10.66.030(A), a peace officer is required
to respond to the Residential Unit based upon another Loud or Unruly Gathering and the
Owner of that Residential Unit does not reside within the Residential Unit, then the Owner
shall not be liable for the increased fine amount for the second or subsequent response
unless notice has been mailed to the Owner in compliance with subsection 10.66.030(D)
and fourteen (14) calendar days have passed since the mailing of said notice.
10.66.050 Notice of Violation
A. The City shall give a notice of a violation of section 10.66.020(A) by issuing a
citation or Notice of Violation to the Responsible Person within a reasonable time
following the violation, but not exceeding forty -five (45) days. The citation or
Notice of Violation shall be served either by personal service on the Responsible
Person or by deposit in the mail for delivery by the United States Postal Service, in
a sealed envelope, postage prepaid, addressed to such Responsible Person to be
notified, at their last known address as the same appears in the public records of
the City.
B. Service by personal service shall be deemed to have been complete when served
on the Responsible Person. Service by mail shall be deemed to have been
completed at the time of deposit by the City in the mail for delivery by the United
States Postal Service.
C. The citation or Notice of Violation shall include the following information:
1. The name of the Responsible Person;
2. The address of the Residential Unit where the Loud or Unruly Gathering
occurred;
3. The date and time of the response by a peace officer to the Loud or Unruly
Gathering;
4. A summary description of the loud or unruly conduct;
5. The name of the peace officer who ordered the Loud or Unruly Gathering
disbanded, issued citations, or posted the Residential Unit;
6. An order prohibiting the continuation or repeated occurrence of the
violation;
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7. A statement concerning the amount of the civil fine imposed and an
explanation of how and when to pay the civil fine;
8. Notification of the right to appeal, including the time within which the
violation may be contested and the place to submit a written appeal; and
9. Notification that the City may impose a lien on the subject property, or
pursue other lawful means to collect the civil fine, in the event of non-
payment of any civil fines.
10.66.060 Violation — Penalty — Civil Fine
A. The following civil fines shall be assessed for violations of subsection 10.66.020(A)
of this Chapter:
1. A civil fine not exceeding five hundred dollars ($500.00) for a first violation;
2. A civil fine not exceeding one thousand dollars ($1,000.00) for a second
violation within ninety (90) days of the first violation;
3. A civil fine not exceeding two thousand dollars ($2,000.00) for a third
violation within ninety (90) days of the first violation; and
4. A civil fine not exceeding three thousand dollars ($3,000.00) for a fourth
and any subsequent violations within ninety (90) days of the first violation.
B. The following civil fines shall be assessed for violations of subsection 10.66.020(A)
of this Chapter that occur within the West Newport Safety Enhancement Zone, as
established by Section 1.04.060 of this Code:
1. A civil fine not exceeding one thousand five hundred dollars ($1,500.00) for
a first violation;
2. A civil fine not exceeding three thousand dollars ($3,000.00) for a second
and any subsequent violations within ninety (90) days of the first violation;
C. Any Responsible Person who is present at a Residential Unit that has a notice
posted pursuant to section 10.66.030(A) shall be presumed to have notice of the
prior violation(s) by virtue of the posted notice(s) and shall be subject to a civil fine
according to the number of violation(s) at the Residential Unit within the preceding
ninety (90) day period pursuant to the civil fine schedules in subsections
10.66.060(A) or (B) above.
D. A civil fine not exceeding two thousand dollars ($2,000.00) shall be assessed for a
violation of subsection 10.66.030(B) of this Chapter. Additionally, any person
violating subsection 10.66.030(B) may be prosecuted for a misdemeanor, and
upon conviction, shall be punished by a fine not exceeding one thousand dollars
($1,000.00) or by imprisonment for a term not exceeding six months, or by both
such fine and imprisonment.
E. A civil fine not exceeding one thousand dollars ($1,000.00) shall be assessed for a
violation of subsection 10.66.030(C) of this Chapter.
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F. All civil fines imposed under this Chapter shall be due and payable to the City's
Administrative Services Department within the earlier of thirty (30) days from the
issuance of a citation or service of the Notice of Violation.
G. Any Owner or Responsible Person who is unable to pay all or a part of the civil fine
due to an extreme financial hardship may file a written request for a civil fine
waiver or payment plan with the City's Administrative Services / Finance Director
within fifteen (15) calendar days from the date of service of the citation or notice,
whichever is earlier. The failure of any Owner or Responsible Person to timely file
a written request for a civil fine waiver or payment plan with the City's
Administrative Services / Finance Director shall be deemed a failure to exhaust the
Owner's or Responsible Person's administrative remedies with regard to the same.
1. The written request for a civil fine waiver or payment plan shall be in writing,
describe with particularity the extreme financial hardship as to why all or a
part of the fine cannot be paid or indicate what the Owner or Responsible
Person believes would constitute a reasonable payment plan for payment of
the civil fine over time. Further, the written request for a civil fine waiver or
payment plan must be accompanied by a sworn affidavit and demonstrate
to the satisfaction of the City's Administrative Services / Finance Director
the Owner's or Responsible Person's extreme financial hardship that
necessitates a waiver of all or a part of the civil fine amount or need for a
reasonable payment plan. The City's Administrative Services / Finance
Director is entitled to request additional documentation and information from
the Owner or Responsible Person in order to fully assess the Owner's or
Responsible Person's extreme financial hardship. The failure of any Owner
or Responsible Person to timely submit all requested additional
documentation and information to the City's Administrative Services /
Finance Director as requested shall be deemed a failure to exhaust the
Owner's or Responsible Person's administrative remedies with regard to the
same.
2. Once a complete written request for a civil fine waiver or payment plan is
filed with the City's Administrative Services / Finance Director, the
requirement to pay the civil fine shall be stayed until the City's
Administrative Services / Finance Director determines whether to grant or
deny the request.
3. If the City's Administrative Services / Finance Director grants the written
request for a civil fine waiver, the Owner or Responsible Person shall not be
required to pay the civil fine. If the City's Administrative Services / Finance
Director determines that the Owner or Responsible Person has the financial
ability to pay all or a part of the civil fine on a reasonable payment plan, the
City's Administrative Services / Finance Director shall so notify the Owner or
Responsible Person and the Owner or Responsible Person shall execute
any agreements required by the City's Administrative Services / Finance
Director to establish the payment plan. Any payment plan established for
the payment of a civil fine under this Chapter shall not exceed three
hundred and sixty -five (365) days from the date of the City Administrative
Services / Finance Director's determination.
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4. The granting of any request for a civil fine waiver or payment plan shall not
excuse or discharge any continuation or repeated occurrence of any
violation of this Chapter, nor shall it bar further enforcement action by the
City.
5. If the City's Administrative Services / Finance Director denies the written
request for a civil fine waiver or payment plan, the civil fine must be paid
within fifteen (15) calendar days from the date of personal delivery on the
Owner or Responsible Person or mailing of the City Administrative Services
/ Finance Director's determination.
6. The City Administrative Services / Finance Director's determination shall be
(i) made within fifteen (15) calendar days of the date of receipt of the
complete request or any additional information as requested by the City
Administrative Services / Finance Director; (ii) be in writing; and (iii) served
either by personal delivery on the Owner or Responsible Person or by
deposit in the mail for delivery by the United States Postal Service, in a
sealed envelope, postage prepaid, addressed to such Owner or
Responsible Person. The decision of the City's Administrative Services /
Finance Director shall be final.
H. The civil fines and criminal penalties imposed in this Chapter shall be in addition to
any other fines and /or penalties imposed for violations of local, state, and /or
federal law during a Loud or Unruly Gathering.
I. Any Owner who does not reside within the Residential Unit and has (i) included
covenants within the written lease or rental agreement for the premises on which a
Loud or Unruly Gathering occurs that contain specific language prohibiting the
activities described in this Chapter; and, (ii) demonstrated due diligence in abating
an unmanageable tenant(s) or Responsible Person(s) for a Loud or Unruly
Gathering shall not be liable under this Chapter. Prior to July 1, 2012, an Owner
who does not reside within the Residential Unit and has a written lease or rental
agreement for the Residential Unit on which a Loud or Unruly Gathering has
occurred shall only need to demonstrate due diligence in abating an
unmanageable tenant(s) or Responsible Person(s) for a Loud or Unruly Gathering
to not be liable under this Chapter.
J. Any Owner who does not reside within the Residential Unit, has a written lease or
rental agreement for the Residential Unit and had the same Residential Unit
posted with a notice pursuant to section 10.66.030(A), may file a written petition
with the Chief of Police, or his or her designee, requesting permission to remove
posted notice prior to the expiration of the ninety (90) day period. The Chief of
Police, or his or her designee, may grant the Owner's written petition upon a
satisfactory showing by the Owner that the Responsible Person(s) for the Loud or
Unruly Gathering are no longer in possession of or allowed to occupy the
Residential Unit.
K. Failure to receive any notice specified in this Chapter does not affect the validity of
proceedings conducted hereunder.
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10.66.070 Administrative Hearing, Appeal
A. Any Owner or Responsible Person who, pursuant to this Chapter, is (1) subject to
a civil fine; or, (2) have had their Residential Unit posted with a notice concerning a
Loud or Unruly Gathering, shall have the right to file a request for an administrative
hearing to appeal the imposition of the civil fine and /or the posting of the premises.
Any such request shall be submitted to the City in writing on the form required by
the City within thirty (30) days from the date of service of the citation, Notice of
Violation or posting of the premises, whichever is earlier. The written request for
an administrative hearing shall be submitted to the City with an advance deposit of
the civil fine, unless the Owner or Responsible Person has been granted a civil fine
waiver or payment plan by the City's Administrative Services / Finance Director
pursuant to subsection 10.66.060(G).
B. The failure of any Owner or Responsible Person to timely file a written request for
a hearing, as required in this Section, shall be deemed a failure to exhaust the
Owner's or Responsible Person's administrative remedies and render the citation,
Notice of Violation and /or posting of the premises final.
C. Any civil fine which has been deposited shall be refunded if it is determined, after
an administrative hearing, that the Owner or Responsible Person who requested
the administrative hearing was not responsible for the violation(s) or there was no
violation(s) as charged in the citation, Notice of Violation or posting on the
premises. If, after the administrative hearing, it is determined that the Owner or
Responsible Person was responsible for the violation(s), any civil fine previously
deposited shall be retained by the City.
D. The City Manager shall designate the Hearing Officer for the administrative
hearing. The Hearing Officer shall not be an employee of the City. The
employment, performance evaluation, compensation and benefits of the Hearing
Officer, if any, shall not be directly or indirectly conditioned upon the result of the
administrative hearing as determined by the Hearing Officer.
E. A hearing before the Hearing Officer shall be set for a date that is not less than
fifteen (15) and not more than sixty (60) days from the date that the request for
hearing is filed in accordance with the provisions of this Chapter. The person
requesting the hearing shall be notified of the time and place set for the hearing at
least ten (10) days prior to the date of the hearing. The City and the Owner or
Responsible Person may mutually agree to waive or modify these time restrictions
in writing.
F. The Hearing Officer shall only consider evidence that is relevant to whether the
violation(s) occurred and whether the Owner or Responsible Person is liable for
the violation(s).
G. The Owner or Responsible Person requesting the administrative hearing shall be
given the opportunity to testify and present witnesses and evidence concerning the
violation(s).
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H. The failure of any Owner or Responsible Person to appear at the administrative
hearing shall constitute a forfeiture of the fine, a failure to exhaust their
administrative remedies, and render the citation, Notice of Violation, or posting of
the premises final, including any civil fine imposed thereby.
I. The citation, Notice of Violation, and /or posted notice on the premises, together
with any additional documents or evidence submitted by the City shall constitute
prima facia evidence of the respective facts contained in those documents and
evidence.
J. If the City submits any additional documents or evidence to the Hearing Officer for
consideration at the administrative hearing, then a copy of the same shall be
served by mail on the Owner or Responsible Person requesting the hearing at
least five (5) days prior to the date of the administrative hearing. The failure of any
person to receive such documents prior to the administrative hearing shall only
entitle the Owner or Responsible Person to a reasonable continuance of the
administrative hearing.
K. If the Owner or Responsible Person desires to submit any documents or evidence
to the Hearing Officer, then a copy of the same shall be served by mail on the City
at least five (5) days prior to the date of the administrative hearing. The failure of
the Owner or Responsible Person to comply with this requirement shall only entitle
the City to a reasonable continuance of the administrative hearing.
L. Other than is provided in this Section, no other discovery is permitted. The
administrative hearing shall not be conducted according to the formal rules of
evidence. Any relevant evidence shall be admitted if it is the type of evidence on
which reasonable persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule which might make
improper the admission of such evidence over objection in civil actions in courts of
competent jurisdiction in this state. However, irrelevant or unduly repetitious
evidence shall be excluded.
M. The Hearing Officer may continue the hearing from time to time and /or request
additional information from the City, the Owner or Responsible Person, or both
prior to issuing a written decision.
N. After considering all of the testimony and evidence submitted at the administrative
hearing, the Hearing Officer shall issue a written decision within ten (10) days of
the administrative hearing. The written decision shall state the reasons for that
decision. The decision of the Hearing Officer shall be final.
O. The written decision of the Hearing Officer shall be served either by personal
delivery on the Owner or Responsible Person or by deposit in the mail for delivery
by the United States Postal Service, in a sealed envelope, postage prepaid,
addressed to such Owner or Responsible Person to be notified, at their last known
address as the same appears in the public records of the City.
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P. Any Owner or Responsible Person aggrieved by a written decision of a Hearing
Officer following an administrative hearing may obtain review of the decision by
filing a petition for review with the Orange County Superior Court, Harbor Justice
Center in accordance with the timelines and provisions as set forth in California
Government Code Section 53069.4.
10.66.080 Collection of Delinquent Costs
A. The amount of any civil fine imposed pursuant to this Chapter shall be deemed a
debt owed to the City.
B. At its discretion, the City may pursue any and all legal and equitable remedies to
collect unpaid fines imposed pursuant to this Chapter. Pursuit of one remedy does
not preclude the pursuit of any other remedy. It is intended that persons causing,
maintaining, and /or permitting the violation, and not the taxpayers, bear the
financial burden of the City's enforcement efforts. Remedies available to the City
to collect unpaid fines and costs include the following, without limitation:
1. Referring the delinquent account to a collection agency;
2. Authorizing a lien to be recorded on the property for any civil fines imposed
against the Owner; and /or
3. Authorizing a special assessment upon the property for any civil fines
imposed against the Owner.
C. The City shall be entitled to recover all costs related to enforcing any violation(s) of
this Chapter that are recoverable under applicable local, state or federal law.
D. Any person who fails to pay any fine shall be liable in any proceeding brought by
the City for the costs incurred in securing payment of the unpaid amount, including
without limitation, administrative costs and attorneys' fees. Such collection costs
shall be in addition to any penalties, interest, and /or late charges imposed upon
the unpaid fine.
10.66.090 Cumulative Remedies
The remedies provided under this Chapter are cumulative, and shall not restrict the City's
ability to pursue any other remedy to which it is entitled under law or equity. Nothing in
this Chapter shall be deemed to preclude the imposition of any criminal penalty, nor shall
anything in this Chapter be deemed to conflict with any penalty or provision under state
law, or prohibit any conduct authorized by the state or federal constitutions.
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Section 2: Sections 5.95.060 and 5.95.065 of the Newport Beach Municipal Code
is hereby amended to read as follows:
5.95.060 Violations / Penalties / Revocation.
A. Violations. Except as provided in subsections C and D, the following conduct shall
constitute a violation for which the penalties specified in subsection B may be
imposed, or the permit revoked:
1. The owner has failed to comply with the standard conditions specified in
Section 5.95.050(A);
2. The owner has failed to comply with conditions imposed by the City
Manager pursuant to the provisions of Section 5.95.050(8) or (C);
3. The owner has willfully violated the provisions of this chapter; or
4. The owner has failed to pay the transient occupancy tax as required by
Chapter 3.16 of this code.
B. Penalties. The penalties for violations specified in subsection A shall be as follows:
1. For the first violation within any twelve (12) month period, the penalty shall
range from a notice of violation to a fine not to exceed two hundred and fifty
dollars ($250.00);
2. For a second violation within any twelve (12) month period, the penalty shall
range from a fine not to exceed five hundred dollars ($500.00) to revocation
of the permit;
3. For a third violation within any twelve (12) month period, the penalty shall
range from a fine not to exceed one thousand dollars ($1,000.00) to
revocation of the permit; and
4. For a fourth violation within any twelve (12) month period, the permit shall
be revoked in accordance with the provisions of Section 5.95.065.
C. In the case of a short term lodging permit for a dwelling that is located in a Safety
Enhancement Zone, the penalty for the failure to comply with any standard
condition during the period that the Safety Enhancement Zone is in effect shall be
a fine of one thousand dollars ($1,000.00) and /or revocation of the permit for a
period not less than sixty (60) days.
D. Revocation for Loud or Unruly Gathering. If a Lodging Unit that is subject to a
short term lodging permit has been the location of three (3) or more Loud or Unruly
Gatherings, as defined in Chapter 10.66 of this Code, while the Lodging Unit was
occupied on a Short term basis within any twenty -four (24) month period, the
permit shall be revoked. A Loud or Unruly Gathering that occurred prior to the
passage of fourteen (14) calendar days from the mailing of notice to the Owner in
compliance with subsection 10.66.030(D) shall not be included within the
calculation of the three (3) or more Loud or Unruly Gatherings required to revoke a
short term lodging permit.
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5.95.065 Procedure for Imposition of Penalties /Revocation.
Penalties, including a notice of violation, shall be imposed, and permits shall be revoked,
only in the manner provided in this section.
A. The Finance Director shall conduct an investigation whenever he or she has
reason to believe that an owner has committed a violation described in Section
5.95.060(A), (C), or (D). Should the investigation reveal substantial evidence to
support a finding that a violation occurred, the Finance Director shall issue written
notice of intention to impose a penalty and /or revoke the permit. The written notice
shall be served on the owner, shall specify the facts which in the opinion of the
Finance Director, constitute substantial evidence to establish grounds for
imposition of the penalties and /or revocation, and specify that the penalties will be
imposed and /or the permit will be revoked within thirty (30) days from the date the
notice is given unless the owner and /or operator files, with the City Clerk and
before the penalties or revocation becomes effective, a request for hearing before
the City Manager.
B. If the owner requests a hearing within the time specified in subsection (A), the City
Clerk shall serve written notice on the owner, by written mail, of the date, time and
place for the hearing. The hearing shall be scheduled not less than fifteen (15)
days, nor more than sixty (60) days, from the date on which notice of the hearing is
served by the City Clerk. The City Manager may preside over the hearing or may
designate a hearing officer to take evidence and submit proposed findings and
recommendations to the City Manager. The City Manager shall impose the
penalties or revoke the permit only upon a finding that a violation has been proven
by a preponderance of the evidence, and that the penalty or revocation is
consistent with the provisions of Section 5.95.060(B), (C), or (D). The hearing shall
be conducted according to the rules normally applicable to administrative hearings.
The City Manager shall render a decision within thirty (30) days of the hearing and
the decision shall be final.
Section 3: 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 to more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 4: 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 within fifteen (15) days after its adoption, and it shall be effective thirty (30)
days after its adoption.
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 May , 2011, and adopted
on the 24th day of May , 2011, by the following vote, to -wit:
Hill, Rosansky, Gardner,
AYES, COUNCILMEMBERS
Curry, Mayor Henn
NOES,COUNCILMEMBERS Daigle,Selich
ABSENT, COUNCILMEMB
LTykel
ATTEST:
zmi D ho�
CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By KT JF
DAVID R. HUNT, CITY ATTORNEY
14
None
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 the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2011 -13 was duly and regularly introduced on the 10th day of May, 2011, and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held
on the 24th day of May, 2011, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Hill, Rosansky, Gardner, Curry, Mayor Henn
Noes: Selich, Daigle
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of May, 2011.
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. 2011 -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:
2011.
Adopted Ordinance in its entirety: June 7, 2011
In witness whereof, I have hereunto subscribed my name this -k day of qMW
d City Clerk
�* }° City of Newport Beach, California
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