HomeMy WebLinkAbout1992-11-10; City Council; 11957; ADOPTION OF ORDINANCE NO. NS-2018- NEW GUIDELINES FOR TIME LIMITATIONS FOR JUDICIAL REVIEWMTG. Il-fo-yh
DEPT. LLK FOR JUDICIAL REVIEW
NEW GUIDELINES FOR TIME LIMITATIONS
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CI OF CARLSBAD - AGEN PI
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RECOMMENDED ACTION:
Adopt Ordinance No. NS-218, mending Title I, Chapter 1.16 of the Carlsbad Municip;
Code establishing new guidelines for time limitations for judicial review of city or loci
agency decisions.
l[TEM EXPLANATION
Ordinance No. NS-218 was introduced and first read at a regular City Council meetiI
on November 3,1992. The second reading allows Council to adopt the ordinance whic would then become effective in thirty days. The City Clerk will have the ordinani
published in the "Carlsbad Journal" within fifteen days, if adopted.
FISCAL IMPACI'
See Agenda Bill No. 11,951 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-218.
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ORDINANCE NO. NS-218
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 1,
CHAPTER 1.16 OF THE CARLSBAD MUNICIPAL CODE
ESTABLISHING NEW GUIDELINES FOR TIME LIMITATIONS FOR JUDICIAL REVIEW OF CITY OR LOCAL AGENCY DECISIONS.
The City Council of the City of Carlsbad, Californiz
ordain as follows:
SECTION I: That Title 1, Chapter 1.16 of the Car
Municipal Code be amended by the amendment of Section 1.16.l
to read as follows!
"1.16.010 (b) . Any such petition shall be filed not than the 90th day following the date on which the decision bc final. If there is no provision for the reconsideration c decision, or for a written decision or written findings suppc
the decision, in any applicable decision of any statute, ch
or rule, for the purposes of this section, the decision is fi
the date that it is announced. If the decision is not announ
the close of the hearing, the date, the time, and the place
announcement of the decision shall be announced at the hearir there is a provision for reconsideration, the decision is fin
the purposes of this section upon the expiration of the
during which such reconsideration can be sought: provided, t
reconsideration is sought pursuant to any such provisior
decision is final for the purposes of this section on the dat reconsideration is rejected. If there is a provision for a b decision or written findings, the decision is final fc
purposes of this section upon the date it is mailed by first
mail, postage prepaid, including a copy of the affida7
certificate of mailing to the party seeking the writ. Subdj
(a) of Section 1013 of the California Code of Civil Procedui not apply to extend the time, following deposit in the mail decision or findings, within which a petition shall be filc
EFFECTIVE DATE : This ordinance shall be ef
immediately upon its adoption, and the City Clerk shall cer
the adoption of this ordinance and cause it to be publi:
least once in the Carlsbad Journal within fifteen days afl
adoption.
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INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the 3rd day o f NOVEMBER I-
and thereafter
PASSED AND ADOPTED at a regular meeting of the
10th day of NOVEMBER Council of the City of Carlsbad on the
1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nq
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST:
47- - - (2 '
ALETH /m4EN~y~~~q
Page 2 of 2 of Ordinance No. NS-218