HomeMy WebLinkAbout556 - Newport Harbor Construction Permit1 ORDINANCE N0. r�
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3 AN ORDINANCE OF THE CITY OF NEWPORT BEACH PRO-
HIBITING THE ERECTION OR CONSTRUCTION OF BUILD-
4 INGS, PIERS, WHARVES OR OTHER STRUCTURES IN,
INTO OR OVER WATERS OF NEWPORT HARBOR WITHOUT
5 A PERMIT FIRST ISSUED THEREFOR BY THE CITY COUN-
CIL OF THE CITY OF NEWPORT BEACH AND PROVIDING A
6 PENALTY FOR VIOLATION OF SAID ORDINANCE.
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8 The City of Newport Beach, by and through its City
9 Council, does ordain as follows:
10 Section 1: DEFINITION. Waters of Newport Harbor are
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hereby defined as being all waters of Newport Harbor in which
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the tide shall actually ebb and flow irrespective of whether
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the ordinary or mean high tide line of the Pacific Ocean shall
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have been fixed by ordinance, statute, suit or otherwise, or
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whether or not the lands lying under said tidal water or
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waters over which the tides ebb and flow shall be privately or
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publicly owned.
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Section 2: It shall be unlawful and constitute a
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misdemeanor for any person, firm, copartnership or corporation
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to build, erect or construct, or attempt to build, erect or
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construct any building, wharf, pier or other structure, in,
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into or over the waters of Newport Harbor without a written
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permit so to do, issued by the City Council of the City of
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Newport Beach, upon written application therefor, to the City
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of Newport Beach.
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Section 3: If the City Couucil shall determine that
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such building, wharf, pier or other structure shall be detri-
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mental to navigation or fishery, or shall be detrimental to the
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present or future development of Newport Harbor, the City Coun-
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cil, may, in its discretion, deny said application and refuse to
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issue a permit for such erection and construction of buildings,
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piers, wharves or other structures in, into or over the waters
LAW OFFICES
OF
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ROLAND THOMPSON
208 SFURGEON BLDG.
SANTA ANA. CALIF.
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of Newport Harbor.
Section 4: The building inspector of the City of
Newport Beach shall not have the discretion or right to issue a
permit for the erection or construction of buildings, piers,
wharves or other structures in, into -or over the waters of
Newport Harbor, and any application therefor for said erection
or construction of buildings, piers, wharves or other structures
in, into or over the waters of Newport Harbor to the building
inspector of the City of Newport Beach shall be referred by said
building inspector to the City.Council of the City of Newport
Beach, for action.
Section 5: Any violation of the provisions of this
ordinance shall be punishable by a fine not to exceed $200.00,
or by imprisonment in the City .Jail of the City of Newport
Beach, or the County Jail of the County of Orange, for not
exceeding 60 daysy or by both such fine and imprisonment.
Section 6: This ordinance is hereby declared to be
an urgency measure necessary for the immediate preservation of
the public peace, health and safety, and the facts constituting
its urgency are as follows:
That there are a number of property owners in-the
City of Newport Beach whose lands border on the waters of
Newport Haroor and who claim to own the land underneath the
waters of Newport Harbor; that these owners or purported owners
of lands underneath waters of Newport Harbor contend and claim
that they have the right to build in, into and over the waters
of Newport Harbor by reason of the fact that they own or claim
to own the land underneath said waters; that the City of Newport
Beach contends that no structures whatever may be built in, into
or over the waters of Newport Harbor without permission from the
City Council of said City; that the owners or purported owners
of land lying underneath the waters of Newport Harbor contend
LAW OFFIOUS OF -2-
208 SPUROEON SLOG.
BANTA ANA. CALIP.
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that the City has no jurisdiction over them in respect to the
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erection or construction of buildings, piers, wharves or other
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structures in, into or over the waters of Newport Harbor; that
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by reason of the fact that the City has no ordinance governing
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the erection or construction of buildings, wharves, piers or
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other structures in, into or over the waters of Newport Harbor,
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an ordinance is urgently,required in order to safeguard the
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public peace, health and safety in reference to the erection
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and construction of buildings, piers, wharves or other struc-
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tures into the water of Newport Harbor within the corporate
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limits of the City of Newport Beach.
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Section 7: The City Clerk of the City of Newport
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Beach shall certify to the separate vote on the urgency of this
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ordinance and its passage by the vote of five members of the
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City Council of the City of Newport Beach and cause the same to
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be published once in the NEWPORT BALBOA PRESS, a newspaper
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printed and circulated in the City of Newport Beach, which
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publication shall be made within ten days from and after the
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final adoption and passage of this ordinance,
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I hereby certify that the question of the urgency of
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the foregoing ordinance was passed and the foregoing ordinance
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was adopted by a vote of five members of the City Council of
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the City of Newport Beach at a regular meeting thereof held
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on the 10th day of February, 1947, by the following roll call
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vote:
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AYES, CO NCILMEN:
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NOES, COUNCILMEN:
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ABSENT, COUNCILMEN:
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City Clerk
LAW OFFICES
OF
Mayor — City of Ne ort Beach
ROLAND THOMPSON
YOB SPURGEON BLDG.
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SANTA ANA. CALIF.
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