Citrus Heights Municipal Code Art. II Judicial Review

Pursuant to Code of Civil Procedure § 1094.6, the provisions of such section are made applicable to the decisions of all commissions, boards, officers and agents of the city, except where a limitation of actions is otherwise provided by this Code or the city's zoning code.

(Ord. No. 97-01, § 2(1.06.010), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Judicial review of any decision subject to this article and Code of Civil Procedure § 1094.6 may be had only if the petition for judicial review is filed within 90 days after the decision becomes final. However, pursuant to Code of Civil Procedure § 1094.6(d), if the petitioner files a request for the record within ten days after the date the decision becomes final, the time within which a petition for judicial review 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 petitioner or his or her attorney of record, if the petitioner has one.

(Ord. No. 97-01, § 2(1.06.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) As provided in Code of Civil Procedure § 1094.6, any person who requests preparation of the administrative record pursuant to this article shall be responsible for payment of the actual costs of transcribing or otherwise preparing the record. Actual costs shall include but not be limited to the salary and fringe benefit rates of pay by the city to personnel for time consumed in typing a transcript and reproducing, assembling and compiling the transcript and exhibits; the unit cost, including prorated rental, of equipment utilized in reproduction; the cost of materials and supplies; and the cost to the city of having a transcript typed when testimony has been recorded by a court reporter. Each board, commission, officer, employee or agent whose decision will be subject to the limitations established by this article may, from time to time, by resolution for such boards and commissions and by written order for such officers, employees and agents, determine and promulgate unit costs of preparing the record.

(b) Before commencing preparation of a transcript or other record, the officer or employee responsible for preparation shall estimate the actual total cost. Preparation of the record shall not be commenced until the person requesting preparation of the record has deposited the full amount of the cost estimate.

(c) If the deposit exceeds the actual cost, the difference shall be refunded. If the actual cost exceeds the estimate, the difference shall be paid when the record is delivered.

(d) The limitations of the action period shall not be extended pursuant to Code of Civil Procedure § 1094.6(d) or section 26-27 beyond 90 days after the decision becomes final, unless the petitioner deposits, pursuant to subsection (b) of this section, the estimated actual total cost of preparing the transcript within ten calendar days after he or she has been furnished with the written estimate of such cost.

(Ord. No. 97-01, § 2(1.06.030), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Every written decision or notice thereof to which this article and Code of Civil Procedure § 1094.6 apply shall refer to and be accompanied, by attachment, by a copy of this article.

(Ord. No. 97-01, § 2(1.06.040), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)