Code of Civil Procedure Section 1094.6 authorizes municipalities
to establish a 90-day time limit for filing a petition for a writ
of mandate to challenge decisions of the City and its Council, commissions,
boards, officers and agents.
(Ord. 4013, 1979)
Code of Civil Procedure Section 1094.6 is hereby made applicable to adjudicatory administrative decisions of the City Council and City commissions, boards, committees, officers, employees and agents made, after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying any application for a permit or a license or denying an application for any retirement benefit or allowance. As used here-in, permit shall include applications for modifications, variances or conditional use permits filed pursuant to Chapters
28.92,
28.94,
30.215,
30.250 and
30.275 of this code. A petition for writ of mandate challenging said decisions must be filed no later than the ninetieth (90th) day following the day on which the decision becomes final. Notice of this limitation shall be given to the affected party at the time the decision becomes final.
(Ord. 4013, 1979; Ord. 5798, 2017)
Nothing contained in this chapter shall expand the scope of
judicial review or extend any applicable statute of limitations for
the filing of any judicial action.
(Ord. 4013, 1979)
Unless another effective date for an action or decision is provided
in this code, the adjudicatory and administrative decisions of the
City commissions, boards, committees, officers, employees and agents
made pursuant to their duties and responsibilities are final on the
day such decision is voiced, or, if a written decision is issued,
the day such decision is issued in writing.
(Ord. 4751, 1992)
Where appeals under this section are authorized by this code,
an appeal from the decision of a City commission, board, committee,
officer, employee or agent may be made to the City Council as follows:
A. A written
notice of appeal, stating the grounds claimed for the appeal and identifying
in particular all significant issues, facts and affected parties shall
be filed with the City Clerk within 10 days after the day such decision
is voiced, or, if a written decision is issued, within 10 days after
the day such decision is issued in writing. The City Clerk shall require
the payment of a fee for such appeal as is provided by resolution
of the City Council or as may be ordered by the City Council for the
matter.
B. Within
21 days of receiving the written appeal, the City Clerk shall place
a recommendation before the City Council for a decision to either:
1. Set
a date for hearing on the appeal before the City Council, or
2. Refer
the appeal to another agency, officer, commission or committee for
action. A copy of the report of the City Council action, mailed to
the appellant and to the City commission, board, committee, officer,
employee or agent affected may serve as notice of such hearing or
referral.
C. At the
time and place of the hearing, the City Council or the agency, officer,
commission or committee designated to hear the appeal, shall hear
and receive any relevant information and documents, which may include
such hearsay or other evidence which ordinary persons could be expected
to consider in the conduct of business affairs.
D. The
City Council or the agency, officer, commission or committee designated
to hear the appeal may continue the hearing from time to time as may
be required, or may grant or deny the appeal, in whole or in part.
E. Unless
otherwise provided by the City Council, the decision of the City Council,
or of the agency, officer, commission or committee designated by the
City Council to hear the appeal, shall be final on the day such decision
is issued.
(Ord. 4751, 1992)