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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