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Home My WebLink About1322 - Pier Registration & Tideland Use Fee0 ORDINANCE NO. 1322 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 17.33, ENTITLED "PIER REGISTRATION AND TIDELAND USE FEE", TO TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 17.33 is added to the Newport Beach Municipal Code to read: "CHAPTER 17.33 PIER REGISTRATION AND TIDELAND USE FEES Sections: 17.33.010 17.33.020 17.33.030 17.33.040 17.33.050 17.33.060 17.33.070 17.33.080 17.33.090 17.33.100 17.33.010 Definitions. Statement of Policy and Intent. Pier Registration Fee. Non - Commercial Tidelands Use Fee. Commercial Tidelands Use Fee. - Due Date. Penalty for Failure to Pay Fees. Administration. Appeal to Council. Exemption. Definitions. As used in this Chapter the words defined in this Section shall have the following meanings assigned to them unless from the context it appears that a different meaning was intended. (a) 'Pier' shall mean any fixed or float- ing structure for securing vessels, loading or unloading persons or property, or providing access to the water, and includes wharf, dock, float, any other landing facility, and floating dry docks. (b) 'Waters of Newport Harbor' shall mean all waters of Newport Harbor in which the tide ebbs and flows, whether or not the ordinary or mean high tide line of the Pacific Ocean has been fixed by ordinance, statute, court action or otherwise, and whether or not the lands lying under the tidal water are privately or publicly owned. -1- (c) 'Commercial pier' shall mean a pier with multiple slips or floats which are rented or leased to boat owners, including any pier used in connection with apartments, marinas and yacht clubs. For purposes of this Chapter, multiple piers which are adjacent to a lot or parcel of land occupied by a multi - family dwelling or dwelling units shall be deemed commercial. (d) 'Non - Commercial pier' shall mean a pier used for private recreational purposes by the owner or occupant of the abutting upland property without payment of a separate rental or lease fee. (e) 'Standard U- Float' shall mean a U- shaped float in accordance with Public Works Department Standard Drawings STD - 605 -L, STD - 606 -M, and STD- 670 -M. (f) 'Standard Platform Float' shall mean a rectangular float in accordance with Public Works Depart- ment Standard Drawing STD - 604 -L. (g) 'Side tie' shall mean an area of a pier, float or head -walk customarily used for the mooring of a boat. 17.33.020 Statement of Policy and Intent. The City Council finds and determines that: 1. The City of Newport Beach as the grantee in trust from the State of California of most of the tide and submerged lands comprising the developed area of Newport Harbor has the responsibility of administering said lands in conformity with the purposes set forth in the trust and with accepted standards of equity and management of public lands and resources. 2. The presence of privately owned piers and floats on and over public tide and submerged lands deprives the -2- general public of the use of said areas for fishing, navi- APgation and recreational activities, and it is in the spirit of the tidelands trust that the public be reimbursed directly for the loss of use of said areas. 3. In order to carry out its responsibilities the City must maintain comprehensive records concerning piers and other structures permitted in Newport Harbor, must conduct periodic inspections and enforce all laws and regulations applicable thereto, and must furnish informa- tion and account to the State of California for its stewardship of said trust lands. 4. In accordance with the foregoing findings, the City Council determines that: (a) All pier owners should pay an annual • fee designed to reimburse the City for the costs of admini- stering the pier permit system; (b) The owners of non - commercial private residential piers should pay a reasonable use fee for the exclusive use of public tidelands and submerged lands; (c) The owners or lessees of commercial piers which produce income should pay a use fee to compensate the public directly in accordance with sound business practice, and with the policies followed by the State of California, County of Orange and other public agencies which hold tidelands grants. 5. The revenues resulting from the foregoing fees shall be used exclusively for the administration, maintenance and improvement of the harbor. b. It is the policy of the City Council that the fees imposed pursuant to this Chapter shall not be subject to any change for a period of five (5) years following the -3- effective date thereof. r17.33.030 Pier Registration Fee. Every owner or permit holder who maintains a pier, any part of which extends into the waters of Newport Harbor, including any pier located on private property, on a dedicated channel, or County tide and submerged lands, shall pay to the City an annual pier registration fee commencing in 1970 based upon the following schedule - (a) Non - commercial piers - $10.00 (b) Commercial piers - $10.00 For additional slips or floats- (1) Not more than ten (10) slips or floats - $1.00 for each. (2) Not more than twenty (20) slips or floats - $10.00 plus 50¢ for each slip or float in excess of ten (10). (3) More than twenty (20) slips or floats- $15.00 plus 25� for each slip or float in excess of twenty (20). 17.33.040 Non - Commercial Tidelands Use Fee. Every owner or permit holder who maintains a non - commercial pier on City tidelands shall pay, in addition to the registration fee set forth in•Section 17.33.030, a City tidelands use fee in the amount of Fifteen Dollars ($15.00) annually, except as provided in Section 17.33.100. 17.33.050 Commercial Tidelands Use Fee. Every owner or permit holder who maintains a commercial pier extending into the waters of Newport Harbor on tide or submerged lands granted in trust to the City of Newport Beach shall pay an annual tidelands use fee computed on the basis of Fifty Cents (50¢) per year per foot of normal mooring -4- space at each slip or float, except that the fee for piers used in connection with marine fuel service stations for the primary purpose of dispensing fuel shall be three - tenths cent (3/10¢) per gallon of fuel dispensed. In determining the normal mooring space subject to the rental fee for the various types of installations, measurements will be made on the following basis - (a) Standard U- Float- The lineal distance from the inside of the head -walk to the end of the longer finger. (b) Standard Platform Float- The lineal distance of the longest side of the float. (c) Side Tie. The lineal distance of the side tie space available. The foregoing fees shall not apply to persons owning or holding permits for piers wholly located on or over private property or tide and submerged lands granted in trust to the County of Orange. 17.33.060 Due Date. All fees established by this Chapter shall be due and payable annually on the 1st day of March, or in the case of transfers upon application for transfer, or in the case of new installations, upon application for construction. In the case of transfers and new facilities, commercial tidelands use fees will be prorated on a quarterly basis and computed to the nearest quarter. 17.33.070 Penalty for Failure to Pay Fees. Any due shall be subject to a penalty in the amount of -5- owner or permit holder who fails to pay any fee required by this Chapter within thirty (30) days after the same is due shall be subject to a penalty in the amount of -5- ten percent (10 %) of the uncollected fee. Failure to pay the fee plus any accrued penalty within sixty (60) days after the fee was originally due shall constitute grounds for revocation of the permit by the City Council. 17.33.080 Administration. The Harbor and Tidelands Administrator shall administer the provisions of this Chapter, except for the collection of fees which shall be the responsibility of the Finance Director. In assessing use fees for non - commercial and commercial piers on City tidelands pursuant to Sections 17.33.040 and 17.33.050, the Harbor and Tidelands Administrator shall not assess a fee against any owner or permit holder whose pier is located on both privately -owned or County -owned tidelands and City tidelands, unless at least fifty percent (50 %) of any such pier is on City tidelands. 17.33.090 Appeal to Council. Any person who is aggrieved by any decision of the Harbor and Tidelands Administrator may appeal to the City Council by filing with the City Clerk a written statement describing the decision being appealed and the grounds for appeal or objection thereto. 17.33.100 Exemption. The use fees prescribed by Sections 17.33.040 and 17.33.050 shall not be applicable to the owners of piers which are exempt from said fees due to the fact that they are on City tidelands which are under lease." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be . effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting E of the City Council of the City of Newport Beach held on the 24th day of November , 1969, and was adopted on the 15th day of December , 1969, by the following vote, to wit: ATTEST: CiyCerl k ` CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION y� .DATE ....�.GL'.1:..� /,(J,...... ITY LEEK OF THE CIIY OP N BEACH AYES, COUNCILMEN: Shelton, Parsons, Marshall, Gruber NOES, COUNCILMEN: McInnis, Rogers, Hirth COUNCILMEN. ABSENT A. - 6�rnp Q)��CLTAIW THS:e -7- 11/2569