HomeMy WebLinkAbout2007-05-01; City Council; NS-839; Amend sections 1.16.010 and 1.16.020...1
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3 SECTIONS 1.16.010 AND 1.16.020 OF THE
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NOW, THEREFORE, the City Council of the City of Carlsbad ordains
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ORDINANCE NO. NS-839
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, TO AMEND
SECTIONS 1.16.010 AND
CARLSBAD MUNICIPAL CODE
as follows:
SECTION I: That section 1.16.010(b) of the Carlsbad Municipal Code
is amended to read as follows:
"(b) Any such petition shall be filed not later than the ninetieth
day following the date on which the decision becomes final. If
there is no provision for the reconsideration of the decision, or
for a written decision or written findings supporting the
decision, in any applicable provision of any statute, charter, or
rule, for the purposes of this section, the decision is final on the
date that it is announced. If the decision is not announced at
the close of the hearing, the date, the time, and the place of
the announcement of the decision shall be announced at the
hearing. If there is a provision for reconsideration, the decision
16 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. If there is a
provision for a written decision or written findings, the decision
is final for the purposes of this section upon the date it is
mailed by first class mail, postage prepaid, including a copy of
the affidavit or certificate of mailing to the party seeking the
writ. Subdivision (a) of Section 1013 of the California Code of
Civil Procedure does not apply to extend the time, following
22 deposit in the mail of the decision or findings, within which a
petition shall be filed."
SECTION II: That section 1.16.010(e) of the Carlsbad Municipal Code
is amended to read as follows:
"(e) As used in this section, "decision" means any adjudicator/
administrative decision made, after hearing, suspending,
demoting or dismissing an officer or employee, revoking or
denying an application for a permit, license, or other
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3 SECTION III: That section 1.16.010(f) of the Carlsbad Municipal Code
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is amended to read as follows:
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"(f) In making a final decision as defined in subsection (e) of
6 this section, the city shall provide notice to the party that the
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The time within which judicial review of this decision
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entitlement, imposing a civil or administrative penalty, fine,
charge, or cost or denying an application for any retirement
benefit or allnwanrA "benefit or allowance.
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:
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
21 (name and address of designated person)
22 As used in this section, "party" means an officer or employee
23 who has been suspended, demoted or dismissed; a person
whose permit or license or other entitlement has been revoked
or suspended or whose application for a permit or license or
other entitlement has been denied; or a person whose
applicatic
denied."
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25 application for a retirement benefit or allowance has been
SECTION IV: That section 1.16.020 of the Carlsbad Municipal Code is
amended to read as follows:
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annul or seek damages or compensation for any city decision
or action taken pursuant to this code shall not be maintain by
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"1.16.020 Additional time limits for commencement of
court proceedings.
Except as otherwise provided in Section 1.16.010 of this code,
Sections 65860, 66020, 66021, 66022, 66024 and 66499.37 of
the Government Code and Sections 21167 and 30801 of the
Public Resources Code of the state, any legally permitted
court action or proceeding to attack, review, set aside, void,
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 commencing 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."
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
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to be published at least once in a newspaper of general circulation in the City of
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Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 24th day of April, 2007, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 1 s t day of May , 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Atto
fy*y~
ttorney^
ATTEST:
CORRA4NE M. WOOD, City Clerk
(SEAL)