For the purposes of this chapter, the words set forth in this
section shall have the following meanings:
means any adjudicatory administrative decision made after
hearing, revoking or denying an application for a permit or license.
means a person whose permit or license has been revoked,
or whose application for a permit or license has been denied.
(Ord. 190, 1991)
Judicial review of any decision of the city, or of any commission,
board, officer, or agent of the city, may be had pursuant to the Code
of Civil Procedure Section 1094.5 only if the petition for writ of
mandate pursuant to such section is filed within the time limits specified
in this chapter and Code of Civil Procedures Section 1094.6, which
is made applicable.
(Ord. 190, 1991)
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
provision of any statute, charter, ordinance, or rule, for the purposes
of this chapter, the decision is final on the date it is made. If
there is such 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.
(Prior code § 11.120)
A.
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 party requesting such record within
ninety days after he or she has filed a written request therefor.
A request for the preparation of the record of the proceedings shall
be filed with the person designated in the final decision.
B.
Within
ten days of such request, the party shall be notified of the estimated
cost of the preparation of the requested record. The party requesting
such record shall, within ten days of such notification, deposit with
the person designated in the notification an amount sufficient to
cover the estimated cost. If, during the preparation of the record,
it appears that additional costs will be incurred, the party requesting
such record may be notified and, if requested, shall deposit such
additional amounts before the record will be completed. If the cost
of the preparation of the record exceeds the amount deposited, the
party requesting such record shall pay this additional amount. If
the amount deposited exceeds the cost, the difference shall be returned
to the party requesting the record.
C.
Such
record shall include 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.
(Prior code 11.120(c); Ord.
190, 1991)
If the party files a request for the record as specified in Section 1.16.040 within ten days after the date the decision becomes final as provided in Section 1.16.030, the time within which a petition pursuant to Code of Civil Procedure Section 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 party or his or her attorney of record, if he or she has one.
(Prior code § 11.120(d))
In making a final decision, as defined in Section 1.16.030, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this chapter and Code of Civil Procedure Section 1094.6. Upon giving notice of any decision subject to this chapter, the person responsible to issue such decision shall include such a statement substantially as follows:
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The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which has been made applicable in the City of Lemon Grove by Lemon Grove Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if, within 10 days after the decision becomes final, a request for the record of the proceedings is filed and the required deposit, in an amount sufficient to cover the estimated cost of preparation of such record is timely deposited, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or his or her attorney of record, if he or she has one. A written request for the preparation of the record of proceedings shall be filed with
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________________________________________
(name and address of designated person)
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(Ord. 190, 1991)
