Chapter 17.40
LIVE-ABOARDS
Sections:
17.40.010 Purpose.
17.40.020 Live-Aboards Prohibited.
17.40.030 Permits Required.
17.40.040 Application for Live-Aboard Permit.
17.40.050 Issuance of Permit.
17.40.060 Term/Renewal.
17.40.070 Conditions/Regulations.
17.40.080 Use of Pumpout Facilities.
17.40.090 Compliance with Law.
17.40.100 Discharge Log.
17.40.110 Limitation on Number of Permits.
17.40.120 Transfer Prohibited.
17.40.130 Revocation/Cancellation.
17.40.140 Suspension and Revocation.
17.40.150 Procedure for Suspension or Revocation.
17.40.160 Appeal.
17.40.010 Purpose.
The City Council of the City of Newport Beach finds and declares as follows:
A. This chapter will promote the public health, safety and welfare by regulating the number of persons living aboard vessels on offshore moorings and insuring, to the extent possible, that this residential use does not result in the discharge of human waste or otherwise adversely impact the health, safety and welfare of those that visit, work around, or live near, the bay. (Ord. 2008-2 § 1 (part), 2008)
17.40.020 Live-Aboards Prohibited.
A. Live-aboards shall not be permitted at piers that are bayward of residentially zoned areas. No person shall live aboard any vessel on an onshore mooring.
B. Live-aboards are prohibited on moorings subject to long-term mooring sub-permits as noted in Section 17.60.040(G).
C. Live-aboards may be permitted on moorings subject to short-term sub-permits according to Section 17.60.040(G). (Ord. 2010-26 § 4, 2010: Ord. 2008-2 § 1 (part), 2008)
17.40.030 Permits Required.
No person shall live-aboard any vessel assigned to an offshore mooring without first having obtained a live-aboard permit from the Harbor Resources Manager. No live-aboard permit shall be issued except to a person holding a valid mooring permit issued pursuant to Chapter 17.60 of the Newport Beach Municipal Code. No permit shall be issued to any live-aboard which is not intended to serve as the principal residence of the permittee. For purposes of this section, principal residence shall mean to live-aboard for not less than eight months in any calendar year. (Ord. 2008-2 § 1 (part), 2008)
17.40.040 Application for Live-Aboard Permit.
An application for a live-aboard permit shall be filed with the Harbor Resources Manager upon forms provided by the City and shall contain the following information:
A. The name of the permittee and the name(s) of all individuals to be living aboard the vessel;
B. All pertinent information relative to the vessel, including, but not necessarily limited to, the name of the vessel, the registration number of the vessel assigned by the Department of Motor Vehicles or the United States Coast Guard, the make and model of the vessel, the length of the vessel;
C. The make, model, and holding tank capacity of the marine sanitation device installed in the vessel;
D. The address and phone number where the permittee or other adult living aboard can be contacted during regular work hours or when not occupying the vessel;
E. Other information the Harbor Resources Manager reasonably believes is necessary or helpful to the efficient administration of the provisions of this chapter.
Applications will be accepted only from persons holding a valid mooring permit issued pursuant to Chapter 17.60 of the Newport Beach Municipal Code. All applications shall be accompanied by a fee established by resolution of the City Council, but the fee shall not exceed the cost to the City of administering this chapter. The submittal of an application for live-aboard shall be deemed consent by the owner of the vessel to any inspection necessary to confirm the accuracy of the information in the application. (Ord. 2008-2 § 1 (part), 2008)
17.40.050 Issuance of Permit.
Upon receipt of an application for a live-aboard permit, the Harbor Resources Manager shall investigate the information contained in the application. The Harbor Resources Manager shall deny the application if:
A. The vessel which will serve as the principal residence is not equipped with a fully operational sanitation device sufficient in capacity to insure no discharge of human waste into the harbor;
B. Approval of the application would result in live-aboard permits in excess of the limitations provided by this chapter;
C. Issuance of the permit, given the specific circumstances of the application, would significantly impact persons residing, working or visiting the bay;
D. The vessel is incapable of safely maneuvering under its own power, whether by sail or engine, from the mooring to the open waters of the Pacific Ocean and back to the mooring. (Ord. 2008-2 § 1 (part), 2008)
17.40.060 Term/Renewal.
A. Permits issued pursuant to this chapter shall be valid for a term of twelve (12) months. Applications for the renewal of any permit shall be submitted at least sixty (60) days before expiration of the permit, on forms supplied by the City, shall include the fee established by resolution of the City Council and shall specify any changes to the information provided on the original application for a permit.
B. The application for renewal shall be denied for any of the reasons specified in Section 17.40.050; the permittee has failed to comply with any provision of this chapter during the term of the previously issued permit; or the permittee has failed to use the vessel as permittee’s principal residence during the previous term of the permit.
C. The issuance of a live-aboard permit is nontransferable and does not create any tenancy between the City and permittee or other persons living aboard, nor does it create any property right to the mooring site. (Ord. 2008-2 § 1 (part), 2008)
17.40.070 Conditions/Regulations.
A. The Harbor Resources Manager may impose such conditions on the permit as are reasonably necessary to insure that the activities of the permittee comply with the provisions of this chapter.
B. The Harbor Resources Manager shall have the power to promulgate rules and regulations to insure that the purposes of this chapter are satisfied. Each permittee shall comply with these rules and regulations. Compliance shall be considered a condition to each live-aboard permit. (Ord. 2008-2 § 1 (part), 2008)
17.40.080 Use of Pumpout Facilities.
Permittees shall use pumpout facilities on a regular basis or otherwise discharge human waste in a legal manner. The permittees and others living aboard pursuant to permit shall not deposit any garbage or trash in the bay or on property surrounding the bay except in trash receptacles owned and maintained by the City of Newport Beach. (Ord. 2008-2 § 1 (part), 2008)
17.40.090 Compliance with Law.
The permittee, and others authorized to live-aboard any vessel, shall comply with all applicable State and Federal laws, the provisions of the Newport Beach Municipal Code, and all conditions, express and implied, to the permit. Failure to comply with these laws, ordinances, or policies shall constitute grounds for revocation of the permit. (Ord. 2008-2 § 1 (part), 2008)
17.40.100 Discharge Log.
Each permittee shall maintain a log for the use of pumpout facilities. The log shall contain the date, time, and location waste was discharged. The discharge log shall be available for inspection by the Harbor Resources Manager at all reasonable hours and upon request. The log shall be submitted to the Harbor Resources Manager with the renewal application. (Ord. 2008-2 § 1 (part), 2008)
17.40.110 Limitation on Number of Permits.
A. The number of live-aboard permits in effect at any given time shall not exceed seven percent of the number of offshore mooring permits issued by the City pursuant to Chapter 17.60.
B. The Harbor Resources Manager shall establish a waiting list of persons who wish to apply for a live-aboard permit. The waiting list shall consist solely of persons who hold valid mooring permits issued pursuant to the provisions of Chapter 17.60 of the Newport Beach Municipal Code. Any person who sells or transfers the vessel, or any ownership interest in the vessel, assigned to a mooring shall be removed from the waiting list. In the event the number of live-aboard permits falls below the limit specified in subsection (A) of this section, the Harbor Resources Manager shall notify the person or persons next in order on the waiting list of the vacancy or vacancies. The notice shall specify that applications will be accepted for thirty (30) days after the date of the notice, and that failure to apply within the thirty (30) day period will result in removal of that person or persons from the waiting list. Notice shall be deemed given when deposited in the United States mail, with the first class postage prepaid, and addressed as specified by the person or persons on the waiting list. City shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the City. An application for placement on the waiting list shall be accompanied by a fee established by resolution of the City Council, but in no event shall the fee exceed the cost of administering the waiting list. (Ord. 2008-2 § 1 (part), 2008)
17.40.120 Transfer Prohibited.
No person shall transfer, assign, sell or convey a live-aboard permit. Any attempt to transfer, sell, convey or assign a live-aboard permit shall be a violation of this chapter and grounds for revocation of the permit. (Ord. 2008-2 § 1 (part), 2008)
17.40.130 Revocation/Cancellation.
The City has reserved the right to cancel live-aboard permits under certain circumstances. Any permit issued pursuant to this chapter shall be deemed cancelled upon revocation of the mooring permit issued pursuant to Chapter 17.60 of the Newport Beach Municipal Code. (Ord. 2008-2 § 1 (part), 2008)
17.40.140 Suspension and Revocation.
A. Any permit granted pursuant to this chapter and Chapter 17.60 may be suspended or revoked by the Harbor Resources Manager upon a determination that:
1. The permittee has violated, or failed to comply with, any of the provisions or requirements of this chapter or Title 17;
2. The permittee has discharged raw or treated sewage into the bay or otherwise violated the provisions of Section 17.40.090 of this chapter;
3. Permittee has failed to pay any fee required to be paid pursuant to the provisions of this chapter and/or resolution of the City Council;
4. The permittee, or any person on the vessel, has engaged in conduct which has unreasonably interfered with the health, safety, welfare, or peace of any person. (Ord. 2008-2 § 1 (part), 2008)
17.40.150 Procedure for Suspension or Revocation.
In the event the Harbor Resources Manager determines there may be grounds for suspension or revocation of a permit issued pursuant to this chapter, the Harbor Resources Manager shall give notice of intent to suspend or revoke the permit and the right of the permittee to request a hearing before the Harbor Resources Manager within fifteen (15) working days from the date on which notice is given. The notice shall state the reason for the proposed suspension or revocation and shall be accompanied by any documents in the possession of the Harbor Resources Manager that pertain to the grounds for the proposed action. Notice shall be deemed given when:
A. Deposited in the United States mail, first class, postage prepaid, and addressed to permittee at any mailing address specified on the application for permit;
B. Personally delivered to permittee; or
C. Affixed to permittee’s vessel in a conspicuous location, or any combination of the foregoing.
If the permittee does not request a hearing within fifteen (15) working days of the date notice is provided, the decision of the Harbor Resources Manager shall be final and permittee shall not be entitled to appeal to the Harbor Commission. (Ord. 2008-2 § 1 (part), 2008)
17.40.160 Appeal.
Appeals to this chapter shall be made in accordance with Chapter 17.65. (Ord. 2008-2 § 1 (part), 2008)