Carlsbad Municipal Code Ch. 1.16 Time Limits for Judicial Review

A. Judicial review of any decision of the city or of any commission, board, officer, or agent of the city may be had pursuant to Code of Civil Procedure, Section 1094.5, only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section.

B. Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for the reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date that it is announced. If the decision is not announced at the close of the hearing, the date, the time, and the place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration, the decision is final for the purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision, the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for the purposes of this section upon the date it is mailed by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing to the party seeking the writ. Subdivision (a) of Section 1013 of the California Code of Civil Procedure does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed.

C. The complete record of the proceedings shall be prepared by the city or its commission, board, officer or agent which made the decision and shall be delivered to the party requesting such record within 190 days after he or she has filed a written request therefor. A request for the preparation of the record of the proceedings shall be filed with the person designated in the final decision. Such person shall, within 10 days of such request, notify the party of the estimated cost of the preparation of the requested record. The party requesting such record shall, within 10 days of such notification, deposit with the person designated in the decision an amount sufficient to cover the estimated cost. If during the preparation of the record it appears that additional costs will be incurred, the party requesting such record may be notified and, if requested, shall deposit such additional amounts before the record will be completed. If the cost of the preparation of the record exceeds the amount deposited, the party requesting such record shall pay this additional amount. If the amount deposited exceeds the cost, the difference shall be returned to the party requesting such record. Upon receiving the required deposit, the person designated in the decision shall promptly prepare such record in accordance with the request. 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 in the possession of the city or its commission, board, officer or agent; all written evidence; and any other papers in the case.

D. If the party files a request for the record as specified in subsection C of this section within 10 days after the date the decision becomes final as provided in subsection B of this section, the time within which a petition pursuant to Code of Civil Procedure, Section 1094.5, may be filed 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 party or the party's attorney of record, if the party has one.

E. As used in this section, "decision" means any adjudicatory administrative decision made, after hearing, suspending, demoting or dismissing an officer or employee, revoking or denying an application for a permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost or denying an application for any retirement benefit or allowance.

F. In making a final decision as defined in subsection E of this section, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this section. Upon giving notice of any decision subject to this section, the person responsible to issue such decision shall include in the decision a statement substantially as follows:

The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the 90th day following the date on which this decision becomes final; however, if within 10 days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the party, or the party's attorney of record, if the party has one. A written request for the preparation of the record of the proceedings shall be filed with ________,

(name and address of designated person)

As used in this section, "party" means an officer or employee who has been suspended, demoted or dismissed; a person whose permit or license or other entitlement has been revoked or suspended or whose application for a permit or license or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied.

(Ord. 1203 § 1, 1977; Ord. NS-218 § 1, 1992; Ord. NS-327 § 1, 1995; Ord. NS-839 §§ 1—3, 2007)

Except as otherwise provided in Section 1.16.010 of this code, Sections 65860, 66020, 66021, 66022, 66024 and 66499.37 of the Government Code and Sections 21167 and 30801 of the Public Resources Code of the state, any legally permitted court action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any city decision or action taken pursuant to this code shall not be maintained by any person unless such action or proceeding is commenced and service of summons is effected within 30 days after the date of such decision or action. Thereafter all persons are barred from commencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision, proceeding, determination or actions taken. For the purpose of this section, the terms "decision," "determination," "action taken" and "action taken pursuant to this code" shall include administrative adjudicatory, legislative, discretionary, executive and administerial decisions, determinations, proceedings or other action taken or authorized by this code. This section shall not expand the scope of judicial review and shall prevail over any conflicting provision and any other applicable law relating to the subject.

(Ord. 1216 § 1, 1979; Ord. NS-839 § 4, 2007)