Monterey Municipal Code Art. 1 Harbormaster Authority; Appeals

a.The Harbormaster shall have full authority in the interpretation and enforcement of all rules and regulations affecting the Harbor, including the Monterey Marina, Wharf Nos. 1 and 2, the East Anchorage Area, East Moorings Area, and the landfill area.

b.The Harbormaster may delegate his authority to other members of the Harbor and Marina staff as may be appropriate.

c.The Sheriff of Monterey County, the Monterey Police Department, or any acting peace officer shall have full authority to enforce all laws, ordinances and regulations affecting the use of the Monterey Marina, the Harbor, the East Anchorage Area and East Moorings Area, including the power of arrest for violation of the provisions of said laws, ordinances, and regulations; all orders and instructions given by them in the performance of their duties shall have the same force as if issued by the Harbormaster.

d.The Harbormaster is authorized to execute on behalf of the City all licenses and license agreements for berthing space, moorings or anchorage within the Monterey Marina, Harbor, the East Anchorage Area and East Moorings Area; provided, that all agreements so executed shall be on the terms and conditions contained in this Chapter.

e.The Harbormaster or his or her designee is authorized to issue citations for the violation of any of the provisions of this Chapter. (Ord. 3548 § 2, 2016)

Administrative citations issued by the Harbormaster may be appealed pursuant to Section 1-2.05. Decisions or orders of the Harbormaster regarding the revocation of or refusal to issue any license or permit under this Chapter may be appealed to the Appeals Hearing Board according to the procedure below. All other decisions of the Harbormaster are final.

a.Appeals shall be filed with the City Clerk’s Office within 10 days from the date of the Harbormaster’s final action. The appeal shall be in writing and set forth specifically the grounds of the appeal and the action that is requested.

b.Only interested parties shall have the right of appeal.

c.Upon receipt of the appeal, the matter shall be set for hearing before the Appeals Hearing Board within 45 days. Notice of the date, time, and place of the hearing shall be given to the appellant at least 10 days prior to the date of the hearing. The date of the hearing may be extended upon the written consent of the appellant; however, once begun, a hearing may be continued if the Board needs further information to facilitate a fair and adequate determination of the appeal.

d.The Appeals Hearing Board shall consider any written or oral evidence regarding the matter appealed and may affirm, reverse, or modify the action appealed upon a determination of whether the Harbormaster’s decision was supported by a preponderance of the evidence. The rules of evidence shall not apply.

e.The Board shall issue a written decision within 30 days of the hearing.

f.The decision of the Appeals Hearing Board shall be final. Any person aggrieved by an order of the Appeals Hearing Board may obtain review in the superior court by filing with the court a petition for a writ of mandate pursuant to California Code of Civil Procedure Section 1094.6. (Ord. 3548 § 2, 2016)