Antioch Municipal Code Ch. 4 Appeals

(A) Except as otherwise specifically provided in this code, any person excepting to any administrative decision made by any official of the city pursuant to the provisions of this code may appeal in writing to the Board of Administrative Appeals by filing with the Secretary of the Board a written notice of such appeal, setting forth the specific grounds thereof.

(B) Any administrative decision made by any official of the city regarding a matter governed by Title 9 of the Antioch Municipal Code, "Planning and Zoning," shall not be appealed to the Board of Administrative Appeals but shall be appealed to the Planning Commission.

('66 Code, § 1-4.01) (Ord. 605-C-S, passed 3-28-85; Am. Ord. 2099-C-S, passed 3-10-15)

The written notice of appeal shall be filed with the Secretary of the Board of Administrative Appeals within ten calendar days after the action appealed from has been taken.

('66 Code, § 1-4.02) (Ord. 605-C-S, passed 3-28-85; Am. Ord. 2022-C-S, passed 2-10-09)

(A) The Secretary of the Board of Administrative Appeals shall set such matter for a hearing before the Board and shall cause notice thereof to be given to such appellant not less than five calendar days prior to such hearing, unless such notice is waived by the appellant.

(B) The Mayor or the Mayor Pro Tem, by filing a notice with the Secretary of the Board, may remove the appeal from consideration by the Board of Administrative Appeals and transfer the matter for direct consideration by the Council.

(C) The decision of the Board of Administrative Appeals shall be conclusive and final 10 calendar days following its written notice of decision. Within such 10 day period, any member of the Council or the City Manager may transfer the Board's decision to the Council for consideration and a final determination. The decision to have a Council review of such decision shall reside only in members of the Council and the City Manager. Any decision made by the Board which is not transferred by a Council member or the City Manager within such 10 day period shall be deemed final and conclusive.

('66 Code, § 1-4.03) (Ord. 605-C-S, passed 3-28-85)

(A) Except as otherwise provided by law, judicial review of any decision of the city, or of any commission, board, officer, or agency thereof, may be had pursuant to Cal. Civ. Proc. Code § 1094.5 only if the petition for the writ of mandate is filed not later than the 90th day following the date on which the challenged decision becomes final.

(B) The decision shall be considered final on the date it is made, unless there is a formalized provision for reconsideration, in which case the decision shall be final upon the expiration of the period during which such reconsideration can be sought. If reconsideration is sought, the decision shall be final on the date the reconsideration is rejected.

(C) The complete record of the proceedings shall be prepared by the city and shall be delivered to the petitioner within 90 days after he or she has filed a written request therefor. The city may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include the transcript 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, all written evidence, and any other papers in the case.

(D) If the petitioner files a request for the record within 10 days after the date the decision becomes final, the time within which a petition shall be filed pursuant to Cal. Civ. Proc. Code § 1094.5 shall be extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record.

(E) As used in this section, DECISION shall mean an adjudicatory administrative decision made, after a hearing, suspending, demoting, or dismissing an officer or employee; revoking or denying an application for a permit or license or zoning or map approval; or denying an application for any retirement benefit or allowance.

(F) In making a final decision, the city shall provide notice to the party that the time within which judicial review shall be sought is governed by this section.

('66 Code, § 1-4.04) (Ord. 434-C-S, passed 2-7-80)