§ 13.02.825. Judicial review.

A.

Purpose and effect. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the city hereby enacts this part to limit to ninety (90) 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.

B.

Definitions. As used in this section, the following terms and words shall have the following meanings:

1.

"Decision" shall mean and include adjudicatory administrative decisions that are made after hearing, or after revoking, suspending, or denying an application for a permit or a license.

2.

"Complete record" shall mean and include the transcript, if any, of the proceedings, all pleadings, all notices and orders, any proposed decision by the general manager, the final decision, all admitted exhibits, all rejected exhibits in the possession of the city or its offices or agents, all written evidence, and any other papers in the case.

3.

"Party" shall mean a person whose permit or service has been denied, suspended, or revoked.

C.

Time Limit for Judicial Review. Judicial review of any decision of the city or its 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 or if the date is not otherwise specified, 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 reconsideration can be sought; provided that if reconsideration is sought pursuant to such provision the decision is final for the purpose of this section on the date that reconsideration is rejected.

D.

Preparation of the Record. The petitioner may request, in writing, the complete record of the proceedings. The record shall be prepared by the city officer or agent who made the decision and shall be delivered to the petitioner within ninety (90) days after filing the written request. The city may recover from the petitioner its actual costs for transcribing or preparing the record.

E.

Extension. 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 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 appropriate.

F.

Notice. 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.

G.

Administrative Civil Penalties. Notwithstanding the foregoing in Section 13.02.820, and pursuant to Government Code Section 54740.6, judicial review of an order of the city manager imposing administrative civil penalties pursuant to Section 13.02.765(D) may be made only if the petition for writ of mandate is filed not later than the thirtieth day following the day on which the order of the city manager becomes final.

(Ord. No. 1057, § 2(Exh. B), 10-23-13)