HomeMy WebLinkAbout1979-08-07; City Council; 1216; CMC 1.16.020 add/21.61 amends - Judicial review add'l. time limits1
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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:
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"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
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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.