Brentwood Municipal Code Ch. 1.08 Judicial Review

Judicial review of a final decision of the city may be had under California Code of Civil Procedures Section 1094.5 only if the person challenging the decision either: (1) files a petition for writ of mandate within ninety days following the date on which the decision becomes final; or (2) files a request for a copy of the record of proceedings with the city clerk within ten days after the date on which the decision becomes final, and then files the writ of mandate within thirty days after the record is either delivered or mailed to the person or his or her attorney. The procedures set forth in Code of Civil Procedure Sections 1094.5 and 1094.6 apply.

In making a final decision subject to review under Code of Civil Procedures Section 1094.5, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this section. The city may do so by including a copy of this section with the written notice of the final decision.

A final decision by the city to issue, revoke, suspend or deny a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution is entitled to priority and subject to expedited hearing and review procedures and must be filed and served within twenty-one calendar days from the date of the decision. (Code of Civil Procedure Section 1094.8.)

An appeal from a final decision by a hearing officer must be commenced within 20 days of the officer's decision, under Section 1.24.090(G).

(Ord. 978 § 2, 2016)