HomeMy WebLinkAbout1801 - Pier FeesNO. 1801
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 17.33 OF THE NEWPORT BEACH
MUNICIPAL CODE RELATING TO PIER FEES
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Chapter 17.33 of the Newport Beach
Municipal Code is amended to read as follows:
Sections:
17.33.010
17.33.020
17.33.030
17.33.040
17.33.050
17.33.00
17.33.0770
"CHAPTER 17.33
PIER FEES
Definitions.
Statement of Policy and Intent.
Pier Fee.
Due Date.
Penalty for Failure to Pay Fees.
Administration.
Appeal to Council.
17.33.010 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 floating 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.
(c) 'City tide and submerged lands' shall mean that
area within Newport Harbor granted to the City by the
State of California.
(d) '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 or
land occupied by a multi - family dwelling or dwelling units,
and structures over the waters of Newport Harbor that are
business or income generating in nature shall be deemed
commercial.
(e) 'Non- commercial pier' shall mean a pier used for
private recreational purposes by the owner or occupant(s)
of the abutting upland property without payment of a
separate rental or lease fee.
17.30.020 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 the accepted
standards of equity and management of public lands and
resources.
2. 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 regula-
0 tions applicable thereto, and must furnish information and
account to the State of California for its stewardship of said
trust lands.
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3. In accordance with the foregoing findings, the
City Council determines that all pier owners should pay an
• annual fee.
4. The revenue resulting from the foregoing fee shall be.
used exclusively for the administration, maintenance and
improvement of the Harbor.
5. 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 effective
date thereof.
17.33.030 Pier 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, County tide and submerged
lands, or City tide and submerged lands, shall pay to the
City an annual pier fee based upon the following schedule:
(a) Non - commercial piers - $10.00;
(b) Commercial piers not over City tide and submerged
lands - $20.00;
For additional slips or floats:
(1) Not more than 10 slips or floats - $2.00 each;
(2) Not more than 20 slips or floats - $20.00 plus
$1.00 for each slip or float in excess of 10;
(3) More than 20 slips or floats - $30.00 plus
$.50 for each.slip or float in excess of 20.
(c) Commercial piers over City tide and submerged lands
not under City lease - $.085 /square foot /permit area.
17.33.040 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 new installations, upon application
for construction.
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17.33.050 Penalty for Failure to Pay Fees.
• Any owner or permit holder who fails to pay any fee
required by this Chapter within thirty (30) days after
same is due shall be subject to a penalty in the amount
of 25% of said fee on the first day of each month after
the due date thereof; provided, however, that the amount
of such penalty to be added shall in no event exceed
1008 of the amount of the fee due. Failure to pay the
fees plus any accrued penalty within 150 days after the
fee was originally due shall constitute grounds for
revocation of the permit by the City Council.
17.33.060 Administration. The Marine Director
shall administer the provisions of this Chapter, except
for the collection of fees, which shall be the responsi-
bility of the Finance Director.
17.33.070 Appeal to Council. Any person who is
aggrieved by any decision of the Marine Director may appeal
to the City Council by filing with the City Clerk a written
statement describing the decision being appeal and the grounds
for appeal or objection thereto."
SECTION 2. This ordinance shall be published once in
the official newspaper of the City, and the same shall be effec-
tive thirty (30) days after the date of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 12th
day of March , 1979, and was adopted on the 26th
day of March , 1979, by the following vote, to wit:
• CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
APR 1978
DATE...... _ ........ \ ,
y ......................... ........
CITY CLERK OF THE GIN OF NEWFO eACH
ATTEST:
ity Jerk
AYES, COUNCILMEN Williams, Strauss, Heather,
Hummel. Hart
NOES, COUNCILMEN None
ABSENT COUNCILM�E®N� R(�yckoff, McInnis
IN VQ Ll AAkf
Mayor Tem
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3/6/79