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ORDINANCE NO. 99- <br />AN ORDINANCE OF THE CITY COUNCIL OF THE • <br />CITY OF NEWPORT BEACH AMENDING SECTION <br />1.08.055 OF CHAPTER 1.08 OF THE NEWPORT <br />BEACH MUNICIPAL CODE, PERTAINING TO <br />HEARING OFFICER <br />The City Council of the City of Newport Beach does hereby ordain that <br />certain Newport Beach Municipal Code section is amended to read, in full, as <br />follows: <br />SECTION 1: Section 1.08.055 of Chapter 1.08 is amended to read as <br />follows: <br />Section 1.08.055 Hearing Officer. <br />The City Council, any Board or Commission created by the City Charter, <br />and the City Manager or Planning Director may designate a hearing officer to <br />take evidence, direct preparation of a transcript and submit proposed findings <br />and recommendations in a form suitable for adoption of fart and la-vi to the Gity <br />Geup,si�-whenever the Sity Seuasills- authorized, or required, by the provisions of <br />this Code, to conduct any hearing or appeal on any matter including the <br />issuance, denial, 9F-revocation or modification of any permit or license or <br />whether a particular condition or activity constitutes a the d'°'^F^A'^ ^40^^ ^4 <br />nuisance or fire hazard, purrs u^ ^* to pmvisions ^f *t,;^ r ^a °. The hearing officer <br />shall conduct the hearing in a manner that complies with constitutional, statutory <br />and decisional law. The City Council, Board or Commission. City Manager or <br />Planning Director <br />^�°^ °°•' ^^° . .. ;a '1° ^ ^ ° °�' ^a' ^ ^° may adopt the proposed findings and I. <br />recommendations as their decision or may take anv other action that is <br />supported by substantial evidence in the record. <br />The hearing officer may be directed to consolidate hearings on two or <br />more appeals. decisions or determinations that involve the same or similar <br />subject matter and the same Potentially affected party. <br />SECTION 2: If any section, subsection, sentence, clause or phrase of this <br />ordinance is, for any reason, held to be invalid or unconstitutional, such decision <br />shall not affect the validity or constitutionality of the remaining portions of this <br />ordinance. The City Council hereby declares that it would have passed this <br />ordinance, and each section, subsection, clause or phrase hereof, irrespective of <br />the fact that any one or more sections, subsections, sentences, clauses and . <br />phrases be declared unconstitutional. <br />2 <br />