Chapter 2.36
JUDICIAL REVIEW OF MUNICIPAL DECISIONS1
Sections:
2.36.010 Time limits for judicial review.
2.36.020 Additional time limits for commencement of court proceeding.
2.36.010 Time limits for judicial review.
A. Judicial review of any decision of the city or any commission, board, officer, or agent of the city may be had pursuant to Code of Civil Procedure, Section 1094.5, only if the petition for writ of mandate is filed within the time limits specified in this section.
B. Any petition for writ shall be filed not later than the ninetieth day following the day on which the decision becomes final. If there is no provision for reconsideration of the decision in any applicable provision of any statute, ordinance or rule, for the purposes of this section, the decision is final on the date it is made. If there is a provision for reconsideration, the decision is final for the purposes of this section upon the expiration of the period during which reconsideration can be sought; provided, that if reconsideration is sought pursuant to applicable law, the decision is final for the purposes of this section on the date that reconsideration is rejected.
C. 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 90 days after the filing of a written request therefor. A request for the preparation of the record shall be filed with the person designated in the final decision. The 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. Within 10 days of the request, the party requesting the records shall be notified and, if requested, shall deposit additional amounts before the record will be completed. If the cost of the preparation of the record exceeds the amount deposited, the party requesting the record shall pay this additional amount. If the amount deposited exceeds the cost, the difference shall be returned to the party requesting the record. Upon receiving the required deposit, the person designated in the decision shall promptly prepare such record in accordance with the request.
D. If the party files a request for the record as specified in subsection C within 10 days after the date the decision becomes final, the time within which a petition for writ 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 attorney of record, if he has one.
E. As used in this section, “decision” means any adjudicatory administrative decision made, after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or a license; or denying an application for any retirement benefit or allowance.
F. In making a final decision as defined in subsection E of this section, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this section. Upon giving notice of any decision subject to this section, the person responsible to issue such decision shall include in the decision a statement substantially as follows:
The time within which judicial review of this decision must be sought is governed by the Code of Civil Procedure Section 1094.6, which has been made applicable in the City of Solana Beach by Ordinance No. 21. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is 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 attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with ___________.
(Ord. 31 § 1, 1987; 1987 Code § 1.16.010)
2.36.020 Additional time limits for commencement of court proceeding.
Except as otherwise provided in SBMC 2.36.010, Sections 65860, 65903, 65913.5 and 66499.37 of the Government Code and Sections 21167 and 30801 of the Public Resources Code of the state, any legally permitted court action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any city decision or action taken pursuant to city ordinance shall not be maintained by any person unless such action or proceeding is commenced and service of summons is effected within 90 days after the date of such decision or action. Thereafter, all persons are barred from commencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision, proceeding, determination or actions taken. For the purpose of this section, the terms “decision,” “determination,” “action taken,” and “action taken pursuant to this code,” shall include administrative adjudicatory, legislative, discretionary, executive and administerial decisions, determinations, proceedings or other action taken or authorized by this code. This section shall not expand the scope of judicial review and shall prevail over any conflicting provision and any other applicable law relating to the subject. (Ord. 31 § 1, 1987; 1987 Code § 1.16.020)
Prior legislation: Ord. 21.