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HomeMy WebLinkAbout1977-08-02; City Council; 1203; CMC 1.16.010 add - Judicial review time limitsI( 1: 1: n a 0 1E 15 2c 21 22 23 24 25 26 27 28 ORDINANCE NO. 1203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFOWIA, AMENDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITIOIT OF CHAPTER 1.16 TO PROVIDE TIPE LIMITS FOR JUDICIAL REVIEFT PURSUANT TO CODE OF CIVIL PROCEDURF: SECTION 1094.5. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 1 of the Carlsbad Municipal Code is amended by the addition of Chapter 1.16 to read as follows: "CHAPTER 1.16 TIME LIMITS FOR JUDICIAL REVIEW Sections: 1.16.010 Time limits for judicial review. 1.16.010 Time limits for judicial review. (a) Judicial review of any decision of the City of Carlsbad, or of any com- mission, board, officer or agent of the City of Carlsbad, may be had pursuant to Code of Civil Procedure Section 1094.5 only if the petition €or writ of mandate pursuant to such section is filed within the time limits specified in this section, Any such petition shall be filed not later than the ninetieth day following the date on which the decision becomes final. decision in any applicable provision of any statute, charter, ordinance, or rule, for the purposes of this section, the decision is final on the date it is made. If there is such provision for reconsideration, the decision is final for the purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided,'that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. The complete record of the proceedings shall be prepared by the City of Carlsbad, or its commission, board, officer, or agent which made the decision and shall be delivered to the party requesting such record within ninety days after he has filed a written request therefor. A request for the prepar- ation of the record of the proceedings shall be filed with the person designated in the final. decision. within ten days of such request, notify the party of the estimated cost of the preparation of the requested record. requesting such record shall, within ten days of such notification deposit with the person designated in the decision an amount sufficient to cover the estimated cost, If during the preparation (b) If there is no provision for reconsideration of the (c) Such person shall, The party . 1 5 6 7 e 9 ZC 11 12 n 1s 2c 21 22 2: 24 27 2E of the record it appears that additional costs will be incurred, the party requesting such record may be notified and, if requested, shall deposit such additional amounts before the record will be completed. If the cost of the preparation of the record exceeds the amount deposited, the party requesting such record shall pay this additional amount. If the amount deposited exceeds the cost, the difference shall be returned to the party requesting such record. Upon receiving the required deposit, the person designated in the decision shall promptly prepare such record in accordance with the request. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the City of Carlsbad, or its commission, board, officer, or agent, all written evidence, and any other papers in the case. specified in subdivision (c) within ten days after the date the decision becomes final as provided in subdivision (b), the time within which a petition pursuant to Code of Civil Procedure Section 1094.5 may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party or his attorney of record, if he has one. adjudicatory administrative decision made, after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retirement benefit or allowance. (f) In making a final decision as defined in subdivision (e), the City of Carlsbad shall provide notice to the party that the time within which judicial review must be sought is governed by this section. Upon giving notice of any decision subject to this section, the person responsible to issue such decision shall include in the decision a statement substantially as follows: (d) If the party files a request for the record as (e) As used in this section, decision means any "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with ! (name and address of designated person) 2. ' 1 2 3 4 5 6 7 8 9 10 11 12 19 20 21 22 23 24 25 26 27 28 As used in this section, "party" means an officer or employee who has been suspended, demoted or dismissed; a person whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied. 'I EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 20th day of July , 1977 and thereafter PASSED, APPROW3D AND ADOPTED at a regular meeting of said City Council held on the 2nd day of August , I977 by the following vote, to wit: - AYES z Councilmen Lewis, Packard, Skotnicki and NOES : None Counci 1 woman Cas1 er ABSENT: Councilman Frazee ATTEST : (SEAL) 3.