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HomeMy WebLinkAbout87-31 - Amending Section 17.24.090 of the Newport Beach Municipal Code Pertaining to Revocation of PermitORDINANCE NO. 87 -31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 17.24.090 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO • REVOCATION OF PERMIT. The City Council of the City of Newport Beach does hereby ordain as follows: 17.24.090 Revocation of Permit. A. GROUND FOR REVOCATION. Any permit heretofore or hereafter granted for any structure or work in the waters of Newport Harbor or the Pacific Ocean may be revoked by the City Council upon any of the following grounds: 1. The work or structure has become detrimental to commerce, navigation or fishing. 2. The work or structure is detrimental to the use, operation or development of the Harbor. 3. The work or structure does not comply with the permit or does not meet the standards adopted by the City Council for such work or structure. 4. The permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelands, filled tidelands or submerged lands • upon which such work or structure exists. 5. The work or structure has fallen into a state of disrepair. 6. The space occupied by such work or structure is over publicly owned land and such space is to be devoted to a public use. 7. The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted. B. NOTICE AND HEARING. Any such permit shall be revoked only after a public hearing before the City Council at which the permittee has an opportunity to be heard. At least ten (10) days' notice of such hearing shall be given in writing by first class mail with postage prepaid addressed to the address of the permittee shown on such permit, setting out the date, time and place of the hearing. The City Council of the City of Newport Beach may preside over the hearing or, in the alternative, appoint a • hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to -1- be considered by the City Council of the City of Newport Beach. The City Council of the City of Newport Beach shall render its decision within forty -five (45) days from the date of the hearing or, in the event that a hearing officer has been appointed, within forty -five (45) days from the date on which the City • Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. The City Clerk shall notify the permittee of the decision of the City Council. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of June , 1987, and adopted on the 13th day of July 1987, by the following vote, to -wit: • ATTEST: AYES, COUNCILMEMBERS Cox, Hart, Maurer, Plummer, Sansone, Turner NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Strauss -2-