HomeMy WebLinkAbout99-15 - Amending Section 1.08.055 of Chapter 1.08 of the Newport Beach Municiapl Code, Pertaining to Hearing Officer• ORDINANCE NO. 99 -15
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING SECTION
1.08.055 OF CHAPTER 1.08 OF THE NEWPORT
BEACH MUNICIPAL CODEN PERTAINING TO
HEARING OFFICER
The City Council of the City of Newport Beach does hereby ordain that
certain Newport Beach Municipal Code section is amended to read, in full, as
follows:
SECTION 1: Section 1.08.055 of Chapter 1.08 is amended to read as
follows:
Section 1.08.055 Hearing Officer.
The City Council, any Board or Commission created by the City Charter,
and the City Manager or Planning Director may designate a hearing officer to
take evidence, direct preparation of a transcript and submit proposed findings
• and recommendations in a form suitable for adoption whenever authorized, or
required, by the provisions of this Code, to conduct any hearing or appeal on any
matter including the issuance, denial, revocation or modification of any permit or
license or whether a particular condition or activity constitutes a nuisance or fire
hazard. The hearing officer shall conduct the hearing in a manner that complies
with constitutional, statutory and decisional law. The City Council, Board or
Commission, City Manager or Planning Director may adopt the proposed
findings and recommendations as their decision or may take any other action
that is supported by substantial evidence in the record.
The hearing officer may be directed to consolidate hearings on two or
more appeals, decisions or determinations that involve the same or similar
subject matter and the same potentially affected party.
SECTION 2: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase hereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses and
• phrases be declared unconstitutional.
• SECTION 3: 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 of the City, and it shall be effective thirty (30) days
after its adoption.
SECTION 4: This Ordinance was introduced at a regular meeting of the
City Council of the City of Newport Beach, held on the 10"' day of May, 1999, and
adopted on the 24" day of May, 1999, by the following vote, to wit:
AYES, COUNCILMEMBERS Adams, Glover, Thomson,
Debay, Ridgeway, Noyes, Mayor O'Neil
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
•
MAYOR
LaVonne Harkless
City Clerk
C�
•
•
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 99 -15 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 24�h day
of May, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of May, 1999.
(Seal)
1,42 f
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 99 -15 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: May 29, 1999.
In witness whereof, I have hereunto subscribed my name this N day of
.1999.
• ��, M . &'e'
City Clerk of the City of
Newport Beach, California