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HomeMy WebLinkAbout03 - Amendments to Chapter 17.22 of NBMC, Anchorage and Mooring Regulations, Regarding Inoperable and Unseaworthy Vessels on Offshore MooringsNovember 9,1998 Council Agenda Item No. 3 TO: Mayor and Members of the City Council FROM: Tim Riley, Fire and Marine Chief SUBJECT: Amendments to Chapter 17.22 of Newport Beach Municipal Code, Anchorage and Mooring Regulations, regarding inoperable and unseaworthy vessels on Offshore Moorings RECOMMENDATION: Adopt ordinance amending Chapter 17.22, Anchorage and Moorage Regulations regarding inoperable and unseaworthy vessels on offshore moorings. BACKGROUND: The City of Newport Beach currently has jurisdiction over approximately 750 offshore moorings. These moorings consist of either one or two floating buoys and the appropriate anchoring tackle. When not properly maintained, vessels on offshore moorings can become either a hazard to navigation, a pollution problem, or a public nuisance. The current mooring ordinance does not address these issues. In the past, problem vessels have been handled through correspondence with the mooring permittees and their voluntary cooperation. Unfortunately, this has had limited success, and as a result, the Fire and Marine Department is proposing the amendments to the Municipal Code. These amendments have been reviewed and recommended for approval by the Harbor Quality Committee, the Orange County Sheriffs Harbor Patrol and the Newport Mooring Association Board of Directors. City mooring permittees have been notified of the City Council's consideration of the proposed amendments. The amendments have been reviewed and approved by the City Attorney as to form. On October 26, this ordinance was introduced to the City Council and passed on to a second reading with amendments. These amendments are incorporated into this final version. ORDINANCE NO. 98 -24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 17.22.005 AND AMENDING SECTIONS 17.22.090, 12.22.100 AND 17.22.150 TO CHAPTER 17.22 OF TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO HARBOR REGULATIONS The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Title 17, Harbor Regulations is hereby amended to read as follows: ANCHORAGE AND MOORING REGULATIONS SECTION 2: Section 17.22.005 is hereby added to the Newport Beach Municipal Code to amend Chapter 17.22 of Title 17 as follows: Chapter 17.22 Sections: 17.22.005 Definitions 17.22.010 Location. 17.22.020 Permit Necessary. 17.22.030 Issuance of Permit; Conditions. 17.22.040 Plans and Specifications Required. 17.22.050 Fees. 17.22.060 Delinquent Fees. 17.22.070 Unauthorized Use of Mooring. 17.22.080 Transfer of Permit. 17.22.090 Revocation of Permit. 17.22.100 Cancellation; Use of Unoccupied Moorings. 17.22.110 Rental Not Permitted. 17.22.120 Chains and Fastenings. 17.22.130 Buoy Markings. 17.22.140 Maintenance. 17.22.150 Mooring Anchoring Requirements. 17.22.160 Specifications. 17.22.170 Inspection of Moorings. 17.22.180 Application of Chapter. 17.22.190 Appeal. 17.22.200 Administration. 17.22.005 Definitions A. "Operable" means capable of maneuvering under the vessel's own power from the mooring to the Demarcation Line and back to the mooring. B. "Seaworthy" shall mean that the vessel's hull, keel, decking, cabin and mast are structurally sound and generally free from dry-rot. SECTION 3: Sections 17.22.090, 17.22.100 and 17.22.150 are amended to read as follows: 17.22.090 Revocation of Permit. A. Grounds for Revocation. Any permit granted for a mooring or buoy in Newport Harbor may be revoked by the City Council upon any of the following grounds: 1. The mooring or buoy has become detrimental to commerce, navigation or fishing; 2. The mooring or buoy is detrimental to use, operation or development of Newport Harbor; 3. The mooring or buoy has fallen into a state of disrepair; 4. The space occupied by the mooring or buoy in the vessel affixed thereto is over publicly owned land and such space is to be devoted to a more necessary public use; 5. The use of the space violates the terms of the tidelands trust grants to the City. 6. The vessel assigned to the mooring has been determined not to be seaworthy or operable and the owner has not made the necessary repairs within the time required by this Chapter. 7. The mooring permittee has failed or refused to allow an inspection of the vessel to determine if it is seaworthy and operable. B. Notice and Hearing. Any mooring permit shall be revoked only after a public hearing before the City Council at which the permittee has an opportunity to be heard. At least five days' notice of such hearing shall be given in writing by first -class mall with postage prepaid addressed to the address of the permittee shown on such permit, setting forth the date, time and place of hearing. After such hearing, City Council may revoke, conditionally revoke, conditionally refuse to revoke or refuse to revoke any permit. /I 17.22.100 Cancellation; Use of Unoccupied Moorings. Each such permit shall be subject to the following conditions which shall be printed on the permit form: A. Said permit may be canceled at any time for violation of any condition of the permit or any provision of this chapter including payment of any fees upon giving five days' written notice to the permittee by first -class mail to the address shown on the permit; B. Upon cancellation, it shall be the duty of the owner of said mooring to immediately remove the same; C. If not removed within thirty (30) days, said mooring and vessel may be removed by the City Manager and the cost of mooring and vessel removal shall be paid by the mooring permittee, and the same may be collected in any court of competent jurisdiction or recovered by the City from the proceeds of sale of the mooring; D. If said mooring is unoccupied, it may be temporarily assigned as a mooring for guest vessels by the City Manager; E. If not used by the owner for a period of ninety (90) consecutive days, it shall become the property of the City, unless such time has been extended in writing, provided that any such extension shall not exceed ninety (90) additional days, and thereafter such mooring shall automatically become the property of the City to be removed or sold and, if sold, all proceeds of such sale are to be paid to the City. 17.22.150 Mooring, Anchoring and Vessel Condition Requirements. A. Mooring anchoring.All vessels using moorings in Newport Harbor shall be firmly anchored to a mooring from bow and stem in such a manner as to prevent said vessels from swinging, turning or drifting, except in areas designated by the City Manager as single mooring areas. Vessels in said single mooring areas may be tied from the bow or stem only. B. Vessel condition. Seaworthiness and operability. Vessels assigned to a mooring by permit must be maintained in an operable and seaworthy condition. If, based upon the appearance of the vessel, inspection by the Orange County Harbor Patrol or other facts, the City Manager has cause to believe a vessel is not seaworthy and operable, the City Manager shall give written notice to the permittee requesting a demonstration that the vessel is seaworthy and operable. The permittee shall, upon written notice specifying the date and time, demonstrate to the City Manager that the vessel assigned to the mooring is seaworthy or operable. In the event that the City Manager determines that vessel is not seaworthy or operable, the permittee shall: (i) commence repairs within 30 days of written notice of such determination and complete repairs within 90 days of the commencement unless the City Manager, upon written request from the permittee specifying the reasons therefor, approves an extension of time to complete the repairs or (ii) removes the vessel referenced in the notice within 30 days and request assignment of a different vessel that is seaworthy and operable to the mooring within 60 days of the notice. This section is not intended to apply to any brief period of repair common to most vessels. The City Manager may repeat his request to test operability as needed. C. Exceptions. The requirements of this section are not applicable to vessels used in marine construction or marine contracting services. SECTION 4: 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 5: 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 19_, and adopted on the day of 19, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: CITY CLERK F:\ cat \users\s hared\Ordi nance\anc horage. doc 6.