Pursuant to Section 1094.6 of the Code of Civil Procedure, the city council enacts the ordinance codified in this chapter to limit to ninety days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus.
(Ord. 816 § 1, 1976)
As used in this chapter, the following terms and words shall have the following meanings:
"Complete record"
means and includes the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the city or its commission, board, officer or agent, all written evidence, and any other papers in the case.
"Decision"
means and includes adjudicatory administrative decisions that are made after hearing, suspending, demoting or dismissing an officer or employee, or after revoking or denying an application for a permit or a license, or after denying an application for any retirement benefit or allowance.
"Party"
means an officer or employee who has been suspended, demoted or dismissed; a person whose permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied.
(Ord. 816 § 1, 1976)
Judicial review of any decision of the city or its commission, board, officer, or agent may be made pursuant to Section 1094.5 of the Code of Civil Procedure only if the petition for writ of mandate is filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration in the procedures governing the proceedings the decision is final on the date it is made. If there is provision for reconsideration, the decision is final upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. Whenever the city manager's decision is said to be final except for the reserved right of the city council to act as final authority, the decision is deemed final for the purposes of the time limit for judicial review on the date of the city manager's decision; provided, that if the city council does act as the final authority, the petitioner must file within ninety days following the action of the city council.
(Ord. 816 § 1, 1976)
The complete record of the proceedings shall be prepared by the city or its commission, board, officer or agent which made the decision and shall be delivered to the petitioner within ninety days after the petitioner has filed a written request therefor. The city may recover from the petitioner its actual costs for transcribing or otherwise preparing the record.
(Ord. 816 § 1, 1976)
If the petitioner files a request for the record within ten days after the date the decision becomes final, the time within which a petition pursuant to Section 1094.5 of the Code of Civil Procedure 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 the petitioner's attorney of record, if the petitioner has one.
(Ord. 816 § 1, 1976)
In making a final decision, the city shall provide notice to the party that the time within which judicial review must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Chapter 1.18 of this code.
(Ord. 816 § 1, 1976)
Notwithstanding anything herein to the contrary, whenever the constitution requires that prompt judicial review is necessary for a decision impinging on First Amendment expression, the city shall ensure that prompt judicial review is available before the administrative decision is effective.
(Ord. 1290 § 1, 1999)