Chapter 17.70
ENFORCEMENT

Sections:

17.70.010    Declaration of Nuisance—Abatement.

17.70.020    Revocation of Permit.

17.70.010 Declaration of Nuisance—Abatement.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained in or over the waters of Newport Harbor or the Pacific Ocean contrary to the provisions of this Code, and any use of any land, water, building or premises established, conducted, operated or maintained contrary to the provisions of this Code, shall be and the same is declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining, or using any such building contrary to the provisions of this Code. (Ord. 2008-2 § 1 (part), 2008)

17.70.020 Revocation of Permit.

A.    Ground for Revocation. Unless otherwise provided by the terms of a permit, any permit heretofore or hereafter granted for any structure, work, or activity in the waters of Newport Harbor or the Pacific Ocean may be revoked by the Harbor Commission upon any of the following grounds:

1.    The work, structure, use or activity has become detrimental to commerce, navigation or fishing;

2.    The work, structure, use or activity is detrimental to the use, operation or development of the harbor;

3.    The work, structure, use or activity has become a source of pollution of the harbor;

4.    The work, structure, use or activity does not comply with the permit or does not meet the standards adopted by the Harbor Commission for such work or structure;

5.    The permittee has failed for a period of sixty (60) days to pay the fee or fees heretofore or hereafter imposed for the occupancy of tidelands, filled tidelands or submerged lands upon which such work or structure exists;

6.    The work or structure has fallen into a state of disrepair;

7.    The space occupied by such work or structure is over public trust land and such space is to be devoted to a more necessary public use;

8.    The permittee has breached or failed to comply with the terms or conditions contained in the permit or upon which the permit was granted;

9.    The work, structure, use or activity violates the terms of the tidelands trust grants to the City.

B.    Notice and Hearing. Any such permit shall be revoked only after a public hearing before the Harbor Commission at which the permittee has an opportunity to be heard. At least fifteen (15) days’ notice of such hearing shall be given in writing by first class mail with postage prepaid addressed to the address of the permittee shown on such permit, setting out the date, time and place of hearing.

The Harbor Commission may preside over the hearing or, in the alternative, appoint a Hearing Officer to conduct the hearing, receive relevant evidence and to submit to the Harbor Commission findings and recommendations to be considered by the Harbor Commission. The Harbor Commission 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 from the date on which the Harbor Commission receives the findings and recommendations of the Hearing Officer. The decision of the Harbor Commission shall be final.

C.    Decision and Notice. Within ten days of the conclusion of the hearing, the Harbor Commission shall render a decision. The City Clerk shall notify the permittee or applicant of the decision of the Harbor Commission.

D.    Effective Date. The decision to revoke a permit shall become final fourteen (14) days after the date of decision, unless appealed or called for review.

E.    Rights of Appeal or Call for Review. Appeals or calls for review shall be as prescribed by Chapter 17.65, or any successor chapter. (Ord. 2015-9 §§ 37, 38, 2015; Ord. 2013-1 § 12, 2013; Ord. 2008-2 § 1 (part), 2008)