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HomeMy WebLinkAbout1979-07-17; City Council; 5925; Additional Time Limits for Judicial Reviewo CITY OF CARLSBAD AGENDA BILL NO. q Initial: Dept.Hd. DATE: July 17, 1979 C. Atty.� DEPARTMENT: City Attorney C. Mgr, Subject: ADDITIONAL TIME LIMITS FOR JUDICIAL REVIEW Statement of the Matter This ordinance provides a thirty day time limit for filing a suit for judicial review of any action taken according to the Municipal Code. Existing ordinances and state law prescribe certain other time limits for initiating judicial review of specific types of City action. To avoid conflict, those actions are specifically excluded from this ordinance. A thirty day time li.i.t for initiating judicial review is advisable to give certa,:ty to City actions. Exhibit Ordinance No.�. Recommendation If the City Council concurs, your action is to introduce. Ordinance No. /,2 / (p . Council Action: 7-17-79 Council introduced Ordinance No. 1216, amending the Municipal Code to provide for additional time limits for judicial review. 8-7-79 Council adopted Ordinance 1216. I ORDINANCE NO. 1216 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING 3 TITLE 1, CIIAPTER 1.16 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF 4 SECTION 1.16.020 AND AMENDING TITLE 21 BY THE ADDITION OF CHAPTER 21.61 TO PROVIDE 51 FOR ADDITIONAL TIME LIMITS FOR JUDICIAL REVIEW. 6 The City Council of the City of Carlsbad, California 7 does ordain as follows: 8 SECTION 1: That Title 1, Chapter 1.1.6 of the Carlsbad 9 Municipal Code is amended by the addition of Section 1.16.020 1.0 to read as follows: 11 "1.16.020 Additional time limits for commencement f 12 count proceeding. Except as otherwise provided in Section 0 1.16.010 of this, Code, Sections 65860 and 66499.37 of the a M 13 Government Code and Sections 21167 and'30801 of the Public Resources Code of the State of California, any legally o LLwa 14 permitted court action or proceeding to attack, review, set 0 oZ� aside, void, annul or seek damages or compensation for any g > City decision or action taken pursuant to this Code shall LL`a 15 not be maintained by any person unless such action or proceeding z 8 0 16 is commenced and service of summo:is is effected within �m thirty days after the date of such decision or action. Thereafter all persons are barred from commencing or prosecuting 'a < 17 any such action or proceeding or asserting any defense of � 18 invalidity or unreasonableness of such decision, proceeding, determination or actions taken. For the purpose of this 19 section the terms "decision", "determination'', "action taken" and "action taken pursuant to this Code" shall include 20 administrative, adjudicatory, legislative, discretionary, executive and administerial decisions, determinations, 21 proceedings or other action taken or authorized by this Code. This section shall not expand the scope of judicial 22 review and shall pre,�,ail over any conflicting provision and any other applicable law relating to the subject." 23 SECTION 2: That Title 21 of the Carlsbad Municipal 24 Code is amended by the addition of Chapter 21.61 to read as 25 follows: 26 27 28 l� I "CHAPTER 21.61 2 JUDICIAL REVIEW OF ZONING DECISIONS 3 AND TIME LIMITATION 4 SECTION: .5 21.61.010 Time limits for judicial review of zoning decisions. 6 21.61.010 Time limits for judicial review of zoning 7 decisions. Any legally permitted action or proceeding to attack, review, set aside, void, annul, or seek damages or 8 compensation for any City decision or action taken pursuant to this Title or to determine the reasonableness; legality 9 or validity of any condition attached thereto shall not be maintained by any person unless such action or proceeding is 10 commenced and service effected within the time limits specified in Chapter 1,16 of this Code and Section 65860 of the Government 11 Code and Sections 21167 and 30801 of the Public Resources Code. Thereafter all persons are barred from commencing or 12 prosecuting any action or proceeding or asserting any defense of invalidity or unreasonableness of such decision or of a: 131 such proceedings, determinations or actions taken. For the U a purpose of this section the terms "decision", "determination", dLLW_ 14 "action taken" and "action taken pursuant to this Code" z "W� udicator shall include administrative, adj g > o J Y . legislative, mQ� 15 discretionary, executive and administerial decisions, deter- minations, proceedings or other action taken or authorized W ��Q 16 by this Code. The provisions of this section shall not z o'er expand the scope of judicial review and shall prevail over > 17 any conflicting provisions and any, otherwise applicable law ,a relating to the subject matter." 18 U ' EFFECTIVE DATE: This ordinance shall be effective 19 20 thirty days after its adoption, and the City Clerk shall 21 certify to the adoption of this ordinance and cause it -to be 22 published at least once in the Carlsbad Journal within 23fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the 24 25 Carlsbad City Council held on the 17th day of July , 1979 and thereafter 26 27 28 -2- r PASSED AND ADOPTED at a regular meeting of said City 2 Council held on the 7th _day of August 1979 by the following vote, to wit: 4 AXES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Cas•ler 5 NOES: None 6 ABSENT: None RONALD C. PACRARD, Mayor ATTEST: 9 10 ALETHA L. RAUTENKRANZ, City Cle k (SEAL) 0 12 F y °13 a -o cv m 14 z 2 15 U: W Z g Q 16 R x �' Cn 17 >< a U 1$ 19 20 21 22 23 • 24 25 26 27 2$ 3.