A. 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. Notwithstanding the foregoing, the time limits set forth in California Government Code section 54740 shall apply to any challenges to any civil penalty imposed pursuant to Section 12.20.390 D.
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.
2. "Complete Record" shall mean and include the transcript, if any exists, of the proceedings, all pleadings, all notices and orders, any proposed decision by the City's officers, agents, or employees, the final decision, all admitted exhibits, all rejected exhibits in the possession of the City or its officers, agents or employees, all written evidence, and any other papers in the case.
C. Time Limit for Judicial Review. Except as provided in Section 12.20.390 D, 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 (90th) day following the date on which the decision becomes final in accordance with the provisions of California Code of Civil Procedure Section 1094.6. A decision is final on the date it is made.
D. In making a final decision, the City shall provide notice to the party that Section 1094.6 of the Code of Civil Procedure governs the time within which judicial review must be sought.
(Ord. 3051 § 1 (part), 2004).