Del Norte County Municipal Code § 1.40 Judicial Review Pursuant To California Code Of Civil Procedure Section 1094.5

"Decision" means a decision subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure suspending, demoting, or dismissing an officer or employee revoking or denying an application for a permit, license, or other entitlement or denying an application for any retirement benefit or allowance.

"Local agency" means the county board of supervisors, and all other commissions, boards, officers, and agents of the county.

(Ord. 93-09 § 2 (part), 1993)

Pursuant to the provisions of Section 1094.6 of the Code of Civil Procedure, the provisions of said section are made applicable to the decisions of the county board of supervisors and all other commissions, boards, officers and agents of the county, except where a shorter limitation of actions is otherwise provided by this code or state or federal law.

(Ord. 93-09 § 2 (part), 1993)

Judicial review of any petition for writ of mandate pursuant to Section 1094.6 of the Code of Civil Procedure shall be filed not later than the ninetieth day following the date on which the decision becomes final. A decision is final on the day it is made.

(Ord. 93-09 § 2 (part), 1993)

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 thirtieth day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record, if he has one.

(Ord. 93-09 § 2 (part), 1993)

1. Within ten days of filing the request for the record and prior to commencing preparation of a transcript or other record, the officer or employee of the local agency responsible for prepa ration of the record shall provide to the petitioner an estimate in writing of the actual total cost of the record. The party re - questing the preparation of the record shall deposit the full amount of the cost estimate with the officer or employee of the local agency responsible for preparation of the record within ten days of such notification. Actual total costs shall include, but not be limited to, the salary and fringe benefit rates of pay by the county to personnel for time consumed in typing a transcript and reproducing, assembling and compiling the transcript and exhib its, the unit cost (including pro-rated rental) of equipment uti - lized in reproduction, the cost of materials and supplies, and the cost to the county of having a transcript typed when testimony has been recorded by a court reporter.

2. If the cost of the preparation of the record exceeds the amount deposited, the party requesting such record shall pay the addi tional amount when the record is delivered. If the deposit ex ceeds the actual cost, the difference shall be refunded.

(Ord. 93- 09 § 2 (part), 1993)

The complete record of the proceedings in which the decision was made shall be prepared by the local agency which rendered the decision and shall be delivered to the petitioner within one hundred ninety days after the petitioner has filed a written request therefore. Said one hundred ninety day period shall not commence until the part requesting preparation of the record has deposited the full amount of the cost estimate as set forth in Section 1.40.50. 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 local agency or its commission, board, officer, or agent, all written evidence, and any other papers in the case.

(Ord. 2000-007 § 11, 2000; Ord. 93-09 § 2 (part), 1993)

After making a decision, the local agency shall provide notice to the affected party that the time within which judicial review must be sought is governed by this chapter. Upon giving notice of any decision subject to this chapter, the local agency shall include in the decision a statement substantially as follows:

The time within which review of this decision must be sought is governed by the California Code of Civil Procedure, Section 1094.6, and the Del Norte County Ordinance Code, Chapter 1.40. Any petition seeking judicial review must be filed in the appro priate court not later than the 90th day following the date on which this decision was made however, if within ten days after the decision was made, a request for the record of the proceed ings is filed and the required deposit in an amount sufficient to cover the estimated cost of preparation of such record is timely deposited, the time within which such petition may be filed in court is extended to no later than the 30th day following the date on which the record is either personally delivered or mailed to you or your attorney of record.

(Ord. 93-09 § 2 (part), 1993)