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HomeMy WebLinkAbout1979-08-07; City Council; 1216; CMC 1.16.020 add/21.61 amends - Judicial review add'l. time limits1 2 3 4 5 6 7 a 9 1c 11 19 20 21 22 22 24 25 26 27 2& ORDINANCE NO. 1216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 1, CHAPTER 1.16 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 1.16.020 AND AMENDING TITLE 21 BY THE ADDITION OF CHAPTER 21.61 TO PROVIDE FOR ADDITIONAL TIME LIMITS FOR JUDICIAL REVIEW. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 1, Chapter 1.16 of the Carlsbad Municipal Code is amended by the addition of Section 1.16.020 to read as follows: "1.16.020 Additional time limits for commencement of court proceeding. Except as otherwise provided in Section 1.16.010 of this Code, Sections 65860 and 66499.37 of the Government Code and Sections 21167 and 30801 of the Public Resources Code of the State of California, any legally permitted court action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any City decision or action taken pursuant to this Code shall not be maintained by any person unless such action or proceeding is commenced and service of summons is effected within thirty days after the date of such decision or action. Thereafter all persons are barred from comencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision, proceeding, determination or actions taken. For the purpose of this section the terms "decision", "determination", "action taken" and "action taken pursuant to this Code" shall include administrative, adjudicatory, legislative, discretionary, executive and administerial decisions, determinations, proceedings or other action taken or authorized by this Code. This section shall not expand the scope of judicial review and shall prevail over any conflicting provision and any other applicable law relating to the subject." SECTION 2: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.61 to read as follows: /// /// /// 1 2 3 4 5 6 7 8 9 IO 11 12 n 19 20 21 22 23 24 25 26 27 28 "CHAPTER 21.61 JUDICIAL REVIEW OF ZONING DECISIONS AND TIME LIMITATION SECTION : 21.61.010 Time limits for judicial review of zoning decisions. 21.61.010 Time limits for judicial review of zoning decisions. Any legally permitted action or proceeding to attack, review, set aside, void, annul, or seek damages or compensation for any City decision or action taken pursuant to this Title or to determine the reasonableness, legality or validity of any condition attached thereto shall not be maintained by any person unless such action or proceeding is commenced and service effected within the time limits specified in Chapter 1.16 of this Code and Section 65860 of the Government Code and Sections 21167 and 30801 of the Public Resources Code. Thereafter all persons are barred from commencing or prosecuting any action or proceeding or asserting any defense of invalidity or unreasonableness of such decision or of such proceedings, determinations or actions taken. For the purpose of this section the terms "decision", "determination" , "action taken" and "action taken pursuant to this Code" shall include administrative, adjudicatory, legislative, discretionary, executive and administerial decisions, deter- minations, proceedings or other action taken or authorized by this Code. The provisions of this section shall not expand the scope of judicial review and shall prevail over any conflicting provisions and any otherwise applicable law relating to the subject matter." 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 17th day of July 1 1979 and thereafter /// /// -2- PASSED AND ADOPTED at a regular meeting of said City Council held on the 7th day of Auqust , 1979 by the following vote, to wit: AYES : NOES : None Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler /.&GC&A!&/C VeLd RONALD C. PACKARD, Mayor ATTEST: (SEAL) 3.