HomeMy WebLinkAboutORD 712 (1977) 262
1 ORDINANCE NO. 712
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ADDING ARTICLE 1, CHAPTER 8 TO THE
TUSTIN CITY CODE RELATING TO THE TIME LIMIT
FOR SEEKING ADMINISTPATIVE MANDAMUS AS A
JUDICIAL REVIEW OF CITY ADJUDICATORY DECISIONS
6 The City Council of the City of Tustin does hereby ordain
7 as follows:
8 SECTION 1: Article 1, Chapter 8, is hereby added to the
9 Tustin City Code to be as follows:
10 CHAPTER 8.
li GENERAL ADMINISTRATIVE PROCEDURES
lZ Section 1801. Administrative Mandamus - Limitations.
13 1. Purpose and Effect. Pursuant to Sectibn 1094.6
of the Code of Civil Procedure, the City Council hereby enacts
!4
this Ordinance to limit to ninety'(90) days following final
15 decisions in adjudicatory administrative hearings the time within
!6 which an action can be brought to review such decisions by mean,
of administrative mandamus.
17
2. Definitions. As used in this chapter, the following
18 terms and words shall have the following meanings:
19 (a) "Decision" means and includes adjudicatory
administrative decisions that are made after hearing, suspending,
Z0
demoting or dismission 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.
(b) "Complete record" means and includes the tran-
script 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.
27 (c) "Party" means an officer or employee who has been
28 suspended, demoted or dismissed; a person whose permit or licenf---
has been denied; or a person whose application for a retirement
29
benefit or allowance has been denied.
30 3. Time limit for judicial review. Judicial review of any
31 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
263
~ not later than the 9Oth day following the date on which the
2 decisien becomes final. If there is no provision for reconsider-
ation in the procedures governing the proceedings the decision
is final on the date it is made. If there is provisions for
~ '~ reconsideration, the decision is final upon the expiration of
5 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
7 on the date that reconsideration is rejected. Whenever the City
8 Administrator's decision is said to be final except for the
reserved right of the City Council to act 'as final authority,
9
the decision is deemed final for the purposes of the time limit
10 for judicial review on the date of the City Administrator's
li decision; provided that if the City Council does act as the final
authority, the petitioner must file within ninety (90) days
12
following the action of the City Council.
15 4. Preparation of the record. The complete record of the
14 proceedings shall be prepared by the City or its commission,
board, officer or agent which made the decision and shall be
15
delivered to the petitioner within 90 days after he has filed a
--~ 16 written request therefor. The City may recover from the petitione~
!? its actual costs for transcribing or otherwise preparing the
record.
!8
5. Extension. If the petitioner files a request for the
19 record within 10 days after the date the decision becomes final,
Z0 the time within which a petitioner pursuantto Section 1094.5 of
the Code of 'Civil Procedure may be filed shall be extended to not
later than the 30th day following the date on which the record
~2 is either personally delivered or mailed to the petitioner or his
E5 attorney of record, if he has one.
6. Notice. In making a final decision, the City shall
provide notice to the party that the time within which judicial
~5 review must be sought is governed by Section 1094.6 of the Code
26 of Civil Procedure and Chapter 1.18 of the Tustin Municipal Code.
PASSED AND ADOPTED at a regular meeting of the City Council,
of the City of Tustin, California, on the 22nd day of February, 1977.
CITY CLEP~
264 .....
STATE OF CALIFORNIA)
COUNT:~' OF ORANGE ) SS
CITY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of members of the City Council
of the City of Tu3tin is five; that the above and foregoing
Ordinance No. 712 was duly and regularly introduced and
read at a regular meeting of the City Council held on the
7th day of February , 197,7 and was given its second
reading and duly passed and adopted at a regular meeting
held on the 22nd day of February .... 1977, by the
following vote:
AYES: COUNCILMEN: EDGAR, SHARP, SALTARELLI, WELSHt SCHUSTER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
City 'ClerkSCity o'f TUs~in, Caii~nia
Publish Tustin News
March 3, 1977