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:
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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
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-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)
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