Chapter 1.05
APPEALS AND JUDICIAL REVIEW
Sections:
1.05.010 Reserved.
1.05.020 Reserved.
1.05.030 Reserved.
1.05.040 Reserved.
1.05.050 Judicial review.
Judicial review of any decisions made by the City Council or by any City officer, agency, commission or board pursuant to Cal. Civ. Proc. Code § 1094.5 may be made only if the petition for writ of mandate is filed within the time limits specified in this section.
A. 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 reconsideration of the decision in any applicable ordinance or rule, then, for the purposes of this section, the decision is final on the date it is made. If there is such a provision for reconsideration, the decision 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.
B. If the petitioner requests a record of the proceedings, the City may, pursuant to Cal. Civ. Proc. Code § 1094.6(c), recover from the petitioner the actual costs for transcribing or otherwise preparing the record.
C. If the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition pursuant to Cal. Civ. Proc. Code § 1094.5 may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record.
D. As used in this section, “decision” means an adjudicatory, administrative decision made after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or license, or denying an application for any retirement or allowance.
E. In making a final decision, the City shall provide notice to the party regarding the time within which judicial review must be sought. [Ord. 07-002.]