Monrovia Municipal Code Ch. 2.72 Administrative Decision Appeals

For the purposes of this chapter, the following definitions shall apply:

DECISION. As used in this chapter, any administrative decision or order made as a result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion is vested in the decision maker, in granting or denying an application for a permit, license or other entitlement, revoking or conditionally revoking a permit, license or other entitlement, suspending, demoting or terminating any person employed within the classified service of the city or denying an application for any retirement benefit or allowance.

PARTY. As used in this chapter, the person affected by a decision of the city.

(`83 Code, § 2.72.010) (Ord. 80-10 § 1 (1), 1980; Ord. 89-29 § 3, 1989)

Judicial review of any decision of the city or any commission, board, officer or agent thereof may be had pursuant to Cal. Code of Civil Procedure §§ 1085 or 1094.5 only if the petition for writ of mandate pursuant to such section is filed within the time limit specified within this chapter.

(`83 Code, § 2.72.020) (Ord 80-10 § 1 (2), 1980)

Unless a shorter period of time is otherwise provided by law, any petition for writ of mandate shall be filed no later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration of a decision and any applicable provision of any ordinance, resolution, or rule for the purposes of this chapter, the decision is final on the date it is made. If there is such provision for reconsideration, the decision is final for the purposes of this chapter, 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 chapter on the date that reconsideration is rejected.

(`83 Code, § 2.72.030) (Ord. 80-10 § 1 (3), 1980)

The complete record of the proceeding shall be prepared by the city or its commission, board, officer or agent which made the decision and it shall be delivered to the petitioner within 20 days after he has filed a written request therefor. The city may recover from petitioner its actual costs for transcribing and 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 in the possession of the city or commission, board, officer or agent, all written evidence and any other papers in the case.

(`83 Code, § 2.72.040) (Ord. 80-10 § 1 (4), 1980)