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.010 Any person or entity (hereinafter "petitioner") aggrieved by any administrative order or decision made by the City Council as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the City Council, shall, as a prerequisite to seeking any judicial review or relief relating to such order or decision, request a rehearing of such matter by the City Council when any of the following grounds exist:
.011 That the City Council has proceeded without, or in excess, of its jurisdiction;
.012 That there was not a fair hearing and the petitioner was thereby deprived of any rights;
.013 That there was a prejudicial abuse of discretion by the City Council within the meaning of Section 1094.5 of the Code of Civil Procedure of the State of California; or
.014 That there was relevant evidence which, in the exercise of reasonable diligence, could not have been produced by the petitioner, or which was improperly excluded by the City Council, at the hearing.
.020 A request for a rehearing pursuant to this section shall be accompanied by a supporting affidavit or declaration of merit (hereinafter "affidavit") specifying in detail the subsection or subsections of Section 1.12.100.010 pursuant to which the rehearing is requested and the facts showing an entitlement to the relief sought under each such subsection.
.030 The request for rehearing shall be filed in the Office of the City Clerk not later than seven calendar days after the date on which the order or decision of the City Council is rendered.
.040 Notwithstanding subsection .030 above, where (i) the order or decision is not rendered at the same meeting at which the hearing is completed, or (ii) the order or decision is rendered by the adoption of an ordinance or resolution, or (iii) the order or decision requires the adoption of findings of fact which are not announced at the meeting when the order or decision is rendered, such request for rehearing shall be filed by said petitioner in the Office of the City Clerk not later than the tenth calendar day following the date the City Clerk deposits a copy of such order or decision, or notice thereof, in the course of transmission with the United States Postal Service, postage prepaid, addressed to (i) the permit applicant and (ii) the petitioner in cases where the petitioner is not the permit applicant and has theretofore filed a written request for a copy of such order or decision. Where the petitioner is neither the permit applicant nor has filed a written request for a copy of such order or decision as above provided, the time to file a request for rehearing shall commence on the date of mailing of such order or decision, or notice thereof, to the permit applicant as above provided.
.050 When the time limits specified in subsections .030 and .040 above would otherwise expire upon a day when the Office of the City Clerk is not open for business, such time limits shall be deemed extended to the close of the next following day when the Office of the City Clerk is open for business.
.060 The order or decision of the City Council shall be deemed final as to any petitioner upon the expiration of the time within which a request could be filed pursuant to this Section 1.12.100 in the absence of a request for rehearing that is filed timely and in the manner specified herein. In the event of denial by the City Council of a timely filed request for rehearing, such order or decision shall be deemed final on the date of such denial. If the City Council does not act upon a timely filed request for rehearing within thirty days of the filing of such request at the office of the City Clerk, such request for rehearing shall be deemed denied.
.070 The procedure set forth in this section shall apply to any petitioner aggrieved by any administrative order or decision made by the City Council in any rehearing granted pursuant to this section which order or decision results in any modification of a prior order or decision.
.080 Any request for rehearing shall be accompanied by the supporting affidavit and the applicable filing fee as established by the City Council. The City Clerk shall refuse to file any request for rehearing which is not accompanied by both such fee and supporting affidavit.
.090 Any rehearing granted by the City Council shall constitute a de novo hearing and shall entirely vacate the prior order or decision of the City Council for all purposes as of the date such rehearing is granted. (Ord. 4541 § 1; September 11, 1984: Ord. 4579 § 1; February 26, 1985: Ord. 4642 § 1; August 17, 1985; Ord. 5774 § 48; July 24, 2001.)