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HomeMy WebLinkAbout89-6 - Amending Section 5.28.070 of Newport Beach Municipal Code Pertaining to Appeals Mom Action of City Manager on Entertainment EstablishmentsNO. 89- 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.28.070 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO APPEALS MOM THE ACTION OF THE CITY MANAGER ON ENTERTAINMENT ESTABLISHMENTS. The City Council of the City of Newport Beach does hereby ordain as follows: Section 1: Section 5.28.070 of the Newport Beach Municipal Code shall be amended to read as follows: Section 5.28.070. Appeals from Action of City Manager. If an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, suspending or revoking any permit under this Chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on part of the City Manager. The City Clerk shall notify the applicant in writing of the time and place set for the hearing on is his or her appeal. The right to appeal to the City Council from the denial suspension or revocation of any permit required by this Chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a certified letter in the United States Post Office advising the applicant of the action of the City Manager and of his or her right to appeal such action to the City Council. The City Council of the City of Newport Beach may preside over the hearing on appeal 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 be considered by the City Council of the City of Newport Beach. The 16 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 on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. 1 Section 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. Section 3: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of February , 1989, and adopted on the 27th day of February , 1989, by the following vote, to -wit: AYES, COUNCILMEMBERS SANSONE, PLUMMER STRAUSS. HART, WATT NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS TURNER, COX • 2 Authorized to Publish AdverhsemenlS of all kinds including public nobcea by Decree of the Super.or Court of Orange County. Cenfornia. Number A -6211, dated 29 September. 1961. and A- 24831, dated 11 June. 1963 STATE OF CALIFORNIA County Of Orange .�wK woou .own,rro ce.wso nv �M enp..n .e tW .n r pwm .nn 10 wte cwumn .qtn I am a Citizen Of the United States and a resident of the County aforesaid; I am over the age of eighteen 4$DA an d not a party to or interested In the below e0 matter- I am a principal clerk of the Orange t ILY PILOT, with which is combined the S- PRESS. a newspaper of general circulation, printed and published In the City of Costa Mesa, County of Orange. State of California. and that a Notice of Ordinance of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach. Huntington Beach, Fountain Valley, Irvine. the South Coast communities and Laguna Beach issues of said newspaper for 1 time consecutive weeks to wit the issue(s) of March 4 198_ 198— 198_ 198_ 198— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 4 198 -9— at Costa Mesa, California. Signature 3' �iIBLIC flOTICE ORDINANCE NO. 894 AN ORDINANCE OF THE CITY COUNCIL OF THE CVTY OF NEWPORT BEACH' AMENDING SECTION' .5.28.070 OF THE NEWPORT' BEACH MUNICIPAL CODE PERTAINING TO APPEALS FROM THE ACTIONe OF THE CITY MANAGER ON ENTERTAINMENT ESTAB- LISHMENTS. The City Council of the City of Newport Beach does hereby ordain as follows: Section 1: Section 5.28.070 of the Newport Beach Municipal Code shall be amended t0 read as fol- lows: Section 5.28.070. Appeals from Action of City Manager. If an applicant is aQ- grleved by any action Or fail- ure to act upon the part of the City Manager in Issuing, falling to Issue, suspending or revoking any permit under this Cnepteq such ap Plicant may appeal to the City Council Dy filing with the City Clerk a statement ad- dressed to the City Council setting forth the facts and circumstances regarding the action Of failure to act On and place set for the no on his Or her appeal. enslon or revocation of permit required by this pier Shall terminate i the expiration of fifteen days following the de- of a certified letter in Jnited States Post Of- ldvising the applicant to action of the City Man-, and of his or her right to tat such action to the Council, - PROOF OF PUBLICATION e t—i31 Ouncll -oi the City of Newport Beach mey preside over the hearing on appeal or, In the alternative appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommen- dations to be considered Dy the City Council of the City of Newport Beach. The City' Council of the City of New ,port Beach shall render its decision within forty -five (45) days from the date of the rhearing or, In the event that a hearing officer has been appointed within forty -five i(45) days on which the City i Council receives the findings and recommendations of ,the hearing officer. The de- cision of the City Council shall be final. Section 2: The Mayor shall ,sign and the City Clerk shall attest t0 the passage of this Ordinance. The City Clerk shall cause the same to I published once In the official newspaper within fifteen (151 was InIrOOUceo ai a regular meeting Of [he City Council of the City Of Newport Besch held on the 13th day of Feb- ruary, 1989, and adopted on 'the 27th day of February, ,1989, by the following vote, po-wlt: Ayes, Councilmembers: Sansone, Plummer, Strauss, Hart, Watt Noes, Councilmembers: None Absent Councilmembers:, Turner, Cox Donald A. Strauss, Mayor Attest: Wanda E. Ragglo, City Clerk Published Orange Coast Daily Pllot March P. 1989 Sa355 no