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Chapter 1 — GENERAL PROVISIONS

Sec. 1.10. - Time limits for judicial review.

Oceanside Municipal Code · 2026-09 edition · updated 2026-09-27 · Oceanside

(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 ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision in any applicable provision of any statue, charter, ordinance or rule, for the purposes of this section, 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 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.

(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 ninety (90) days after he has filed a written request therefor. The request must be in writing and shall be filed with the city clerk. The city clerk shall, within ten (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 ten (10) days of such notification, deposit with the city clerk 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, difference shall be returned to the party requesting such record. Upon receiving the required deposit, the city clerk 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 ten (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 thirtieth day following the date on which the record is either personally delivered or mailed to the party or his attorney of record, if he 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 or a license, 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 Oceanside by Oceanside City Code section 1.11. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten (10) days after the decision becomes final a request is made 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 thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, 704 Third Street, Oceanside, California 92054.

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"party" means an officer or employee who has been suspended, demoted or dismissed; a person whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied.

(Ord. No. 88-24, § 1, 6-8-88)

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▸Contents — Oceanside Municipal Code
Oceanside Municipal Code
  1. Part I — CHARTER
  2. ▸Chapter 1 — GENERAL PROVISIONS
    Overview
    1. Sec. 1.1. - How Code designated and cited.
    2. Sec. 1.2. - Definitions and rules of construction.
    3. Sec. 1.3. - Provisions considered as continuations of existing…
    4. Sec. 1.4. - Effect of repeal of ordinances.
    5. Sec. 1.5. - Severability of parts of Code.
    6. Sec. 1.6. - Catchlines of sections.
    7. Sec. 1.7. - Penalty.
    8. Sec. 1.8. - Official seal of city.
    9. Sec. 1.9. - Limitation on liability.
    10. Sec. 1.10. - Time limits for judicial review.
    11. Sec. 1.11. - Additional time limits for commencement of court …
    12. Sec. 1.12. - Enforcement authority; citations in lieu of arrest.
    13. Sec. 1.13. - Claims for money or damages.
    14. Sec. 1.14. - Administrative remedies.
    15. 1.7 of this Code.
    16. Sec. 1.15 - Safety Enhancement Zone.
  3. Chapter 2 — ADMINISTRATION
  4. Article I — CITY COUNCIL MEETINGS
  5. Article I.5 — CITY COUNCIL COMPENSATION
  6. Article II — CITY MANAGER
  7. Article III — CITY CLERK
  8. Article IV — OFFICE OF THE CITY TREASURER
  9. Article V — CITY ENGINEER
  10. Article VI — LIBRARY
  11. Article VII — PLANNING COMMISSION
  12. Article VIIA — REDEVELOPMENT PLANNING COMMISSION
  13. Article VIII — USE OF CITY PROPERTY FOR PRIVATE PURPOSES
  14. Article IX — CITY FUNDS
  15. Article X — DEPARTMENT OF ADMINISTRATIVE SERVICES
  16. Article XI — CONFLICT OF INTEREST CODE
  17. Article XII — MISCELLANEOUS PROVISIONS
  18. Article XIII — SALE OF CITY-OWNED PROPERTY
  19. Article XIV — RECORDS MANAGEMENT PROGRAM
  20. Article XV — BY-DISTRICT ELECTIONS FOR CITY COUNCIL OFFICES
  21. Article XVI — MEASURE X CITIZENS OVERSIGHT COMMITTEE
  22. Article XVII — TERM LIMITS
  23. Article I — IN GENERAL
  24. Article II — ESTABLISHMENTS OF EMERGENCY AMBULANCE SERVICE
  25. Chapter 3B — AIRPORT
  26. Article I — AIRPORT RULES AND REGULATIONS
  27. Article II — AIRPORT APPROACH ZONING
  28. Article I — IN GENERAL
  29. Article II — IMPOUNDMENT GENERALLY
  30. Division 1 — GENERALLY
  31. Division 2 — LICENSES
  32. Division 3 — RABIES CONTROL
  33. Division 4 — VICIOUS DOGS
  34. Chapter 5 — BICYCLES AND MOBILITY DEVICES
  35. Chapter 6 — BUILDING CONSTRUCTION REGULATIONS
  36. Article I — ADMINISTRATIVE CODE
  37. Article II — BUILDING CODE
  38. Article III — PLUMBING CODE
  39. Article IV — MECHANICAL CODE
  40. Article V — HOUSING CODE
  41. Article VI — ELECTRICAL CODE
  42. Article VII — DANGEROUS BUILDINGS CODE
  43. Article VIII — MISCELLANEOUS REGULATIONS
  44. Article IX — FLOODPLAIN MANAGEMENT REGULATIONS
  45. Article X — ENFORCEMENT OF MOBILEHOME PARKS ACT
  46. Article XI — UNREINFORCED MASONRY BUILDING MITIGATION
  47. Article XII — RESIDENTIAL CODE
  48. Article XIII — GREEN BUILDING CODE
  49. Article XIV — ROOFTOP SOLAR ENERGY SYSTEMS
  50. Article XV — ELECTRIC VEHICLE CHARGING STATIONS
  51. Article XVI — UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
  52. Chapter 6A — ALARM SYSTEMS
  53. Article I — REPAIR, STORAGE OR MAINTENANCE OF MOTOR VEHICLE
  54. Article II — FORTUNETELLING
  55. Article III — CESSPOOL CLEANERS
  56. Article IV — MERCHANDISE COUPONS
  57. Article V — REGISTRATION OF GUESTS IN HOTELS, ROOMING HOUSES, …
  58. Article VI — PEEP SHOW ESTABLISHMENTS
  59. Article VII — MOTION PICTURE AND TELEVISION PRODUCTION
  60. Article VIII — REGULATION OF NEWSRACKS AND NEWS STANDS
  61. Article IX — REGULATION OF PAY TELEPHONES
  62. Article X — TOBACCO PRODUCTS
  63. Article XI — TOBACCO AND DRUG PARAPHERNALIA ESTABLISHMENTS
  64. Article XII — REGULATION AND CONTAINMENT OF SHOPPING CARTS
  65. Article XIII — CANNABIS FACILITIES
  66. Chapter 7B — OBNOXIOUS CONDUCT
  67. Chapter 8 — CARDROOMS
  68. Chapter 9 — CIVIL DEFENSE
  69. Chapter 9A — CABLE SYSTEMS AND OPEN VIDEO SYSTEMS
  70. Article I — GENERAL
  71. Article II — SPECIAL RULES APPLICABLE TO CABLE SYSTEMS
  72. Article III — OPEN VIDEO SYSTEMS
  73. Article IV — MISCELLANEOUS
  74. Chapter 9B — REGULATION OF STATE VIDEO FRANCHISE HOLDERS
  75. Chapter 10 — DANCES AND DANCE HALLS
  76. Chapter 10A — SMOKING
  77. Chapter 11 — FIRE PROTECTION
  78. Article I — FIRE DEPARTMENT
  79. Article II — FIRE PREVENTION
  80. Chapter 1 — Administration is hereby amended by adding to (A) …
  81. Chapter 3 — General Precautions Against Fire is hereby amended…
  82. Chapter 5 — Fire Service Features is hereby amended by adding …
  83. Chapter 9 — Fire Protection Systems is hereby amended by addin…
  84. Chapter 12 — Energy Systems is hereby amended by adding to (A)…
  85. Chapter 61 — Liquefied Petroleum Gases (LPG) is hereby amended…
  86. Article III — ABATEMENT OF CERTAIN VEGETATION AND WASTE MATTER
  87. Chapter 12 — FOOD AND FOOD ESTABLISHMENTS
  88. Article II — REFRIGERATION PLANTS
  89. Article III — PERMITS FOR FOOD-HANDLING ESTABLISHMENTS
  90. Article IV — FOOD HANDLERS
  91. Article V — DESTRUCTION OF SPOILED FOOD
  92. Article VI — FOOD VENDING VEHICLES
  93. Article VII — FOOD VENDING MACHINES
  94. Article VIII — ICE CREAM VENDORS
  95. Chapter 13 — SOLID WASTE AND RECYCLING
  96. Article I — GENERAL PROVISIONS
  97. Article II — DISCARDED MATERIALS COLLECTION SERVICES
  98. Article III — ENFORCEMENT
  99. Article IV — MARINE DEBRIS REDUCTION ORDINANCE
  100. Chapter 14 — HEALTH AND SANITATION
  101. Article II — PROHIBITION OF SMOKING IN COUNCIL CHAMBER
  102. Article III — FEE SCHEDULE: PERMIT PROCEDURE
  103. Article IV — HAZARDOUS WASTES
  104. Article V — LIABILITY FOR COSTS OF RESPONSE TO HAZARDOUS WASTE…
  105. Article VI — MEDICAL WASTE
  106. Chapter 14A — HISTORICAL PRESERVATION
  107. Chapter 14C — INCLUSIONARY HOUSING
  108. Chapter 15 — LICENSES
  109. Article II — LICENSING, MASSAGE TECHNICIANS AND ESTABLISHMENTS
  110. Article III — CONCEALABLE FIREARMS
  111. Article IV — BINGO GAMES
  112. Article V — SIDEWALK VENDORS
  113. Chapter 16 — MINORS
  114. Chapter 16B — MANUFACTURED HOME FAIR PRACTICES
  115. Chapter 16C — MUNICIPAL LOBBYIST REGISTRATION AND REPORTING RE…
  116. Chapter 17 — NUISANCE ABATEMENT
  117. Article I — REAL PROPERTY NUISANCE ABATEMENT
  118. Article II — WEED ABATEMENT
  119. Article III — VEHICLE ABATEMENT
  120. Article IV — DISTURBANCE ABATEMENT
  121. Chapter 18 — MUNICIPAL PIER
  122. Chapter 19 — OCEANSIDE BEACH
  123. Chapter 19A — OCEANSIDE BEACHES; CONSTRUCTION OF SEAWALLS, REV…
  124. Article I — DECLARATION OF PURPOSE
  125. Article II — DEFINITIONS
  126. Article III — PERMITS
  127. Article IV — APPLICABLE STANDARDS
  128. Article V — REPAIR AND MAINTENANCE
  129. Article VI — EMERGENCY WORK
  130. Article VII — PENALTIES—CONSTITUTIONALITY
  131. Chapter 20 — OFFENSES—MISCELLANEOUS
  132. Article I — PUBLIC PEACE, SAFETY AND WELFARE
  133. Article II — PUBLIC AND PRIVATE PROPERTY
  134. Article III — NUISANCES
  135. Article IV — ALCOHOLIC BEVERAGES
  136. Article V — ILLEGAL STREET RACING
  137. Article VI — RESPONSIBLE ALCOHOLIC BEVERAGE SALES AND SERVICE …
  138. Article VII — SYNTHETIC DRUGS AND MISLABELED/MISBRANDED PRODUC…
  139. Chapter 21 — PARKS AND RECREATION
  140. Article II — PARKS AND RECREATION DEPARTMENT
  141. Article III — SKATEBOARD PARKS
  142. Chapter 22 — PAWNBROKERS AND SECONDHAND DEALERS
  143. Chapter 23 — PERSONNEL SYSTEM
  144. Article I — IN GENERAL
  145. Article II — PERSONNEL DIRECTOR
  146. Article III — COMPETITIVE SERVICE
  147. Article IV — SUSPENSION, DISCHARGE, REDUCTION IN PERSONNEL, ETC.
  148. Article V — DETERMINATION OF EMPLOYMENT STATUS
  149. Chapter 24 — SHORT-TERM RENTALS
  150. Chapter 24A — OCEANSIDE TOURISM MARKETING DISTRICT
  151. Chapter 25 — POLICE DEPARTMENT
  152. Chapter 26 — POOLROOMS AND SHOOTING GALLERIES
  153. Chapter 28A — PURCHASES AND SALES
  154. Chapter 29 — SEWERS AND SEWAGE DISPOSAL
  155. Article II — SEWER CONNECTIONS
  156. Article III — SERVICE CHARGES
  157. Article IV — EXTENSION OF SEWER MAINS
  158. Article V — ENLARGEMENT OF MAINS BEYOND MINIMUM CAPACITY REQUI…
  159. Article VI — RESERVED
  160. Article VII — SEWER ASSESSMENT DISTRICTS
  161. Article VIII — SEPTIC TANKS, CESSPOOLS, ETC.
  162. Division 2 — PERMITS
  163. Division 3 — INSPECTIONS
  164. Division 4 — CONSTRUCTION AND DESIGN STANDARDS
  165. Division 5 — CONDEMNATION OF BUILDINGS
  166. Article IX — REGULATION OF COMMERCIAL KITCHEN GREASE DISPOSAL
  167. Article X — REGULATION OF DISCHARGE INTO CITY SEWER SYSTEM
  168. Chapter 29A — SMALL CRAFT HARBOR
  169. Article II — SANITATION AND REFUSE
  170. Article III — COMMERCIAL ACTIVITIES
  171. Article IV — UNSEAWORTHY, SUNK OR ABANDONED VESSELS
  172. Article V — MISCELLANEOUS VEHICULAR AND PEDESTRIAN REGULATIONS
  173. Chapter 30 — SOLICITORS, PEDDLERS, HAWKERS, ITINERANT MERCHANT…
  174. Article I — SOLICITATION IN GENERAL
  175. Article II — MISCELLANEOUS SOLICITATIONS
  176. Article III — AGGRESSIVE SOLICITATIONS
  177. Article IV — CHARITABLE SOLICITATIONS
  178. Chapter 30A — SPECIAL EVENT PERMITS
  179. Chapter 30B — SPECIAL OPERATIONS PERMIT: USE OF PUBLIC RECREAT…
  180. Chapter 31 — STREETS AND SIDEWALKS
  181. Article I.1 — PARKWAYS
  182. Article II — EXCAVATIONS GENERALLY
  183. Article IIA — EXCAVATIONS ON PRIVATE PROPERTY
  184. Article IIB — ENCROACHMENTS ON PUBLIC RIGHT-OF-WAY
  185. Article III — UNDERGROUND STRUCTURES GENERALLY
  186. Division 1 — OBSTRUCTIONS
  187. Division 2 — REPAIRS
  188. Article V — DRIVEWAYS
  189. Article VI — POLES, WIRES, ETC.
  190. Article VII — OVERHANGING AWNINGS
  191. Article VIII — RESERVED
  192. Article IX — HOUSE NUMBERS
  193. Chapter 31A — STREET TREES AND OTHER VEGETATION
  194. Chapter 31B — SWAP MEETS
  195. Chapter 32A — RESIDENTIAL DEVELOPMENT CONTROL
  196. Article I — PROCEDURES
  197. Chapter 32C — PUBLIC FACILITY FEE REQUIREMENTS
  198. Chapter 32D — PARKS IMPACT FEE
  199. Chapter 32E — SCHOOL FACILITIES MITIGATION
  200. Chapter 34 — TAXATION
  201. Article I — TRANSFER OF CITY TAX FUNCTION TO COUNTY
  202. Article II — SALES AND USE TAX
  203. Division 1 — IN GENERAL
  204. Division 2 — TEMPORARY ONE-HALF CENT SALES TAX
  205. Article III — TRANSIENT OCCUPANCY TAX
  206. Article IV — REAL PROPERTY TRANSFER TAX
  207. Article V — CANNABIS BUSINESS TAX
  208. Chapter 35 — TAXICABS AND OTHER VEHICLES FOR HIRE
  209. Article II — CERTIFICATE TO OPERATE
  210. Article III — LICENSES
  211. Article IV — OPERATING REGULATIONS
  212. Article V — DRIVERS
  213. Article VI — SPECIFICATIONS AND EQUIPMENT
  214. Article VII — FARES
  215. Chapter 36 — TRAMPOLINE CENTERS
  216. Chapter 36A — TRANSPORTATION SYSTEM
  217. Article II — BUS LOADING ZONES
  218. Chapter 36B — UNDERGROUND UTILITIES
  219. Chapter 37 — WATER
  220. Article II — WATER RATES AND COLLECTION THEREOF
  221. Division 2 — METERS
  222. Article III — EXTENSION OF WATER MAINS
  223. Article IV — WATER SYSTEM IMPROVEMENT FEES
  224. Article V — WATER CONSERVATION PROGRAM
  225. Article VI — EXTERNAL WATER PROVIDER CHARGES
  226. Article VII — WATER EFFICIENT LANDSCAPE REGULATIONS
  227. Article VIII — RECYCLED WATER
  228. Article IX — CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION
  229. Chapter 38 — NOISE CONTROL
  230. Article III — SOUND LEVEL LIMITS
  231. Article IV — PROHIBITED NOISES
  232. Article V — EXEMPTIONS
  233. Article VI — ENFORCEMENT
  234. Chapter 39 — LIGHT POLLUTION REGULATIONS
  235. Chapter 40 — URBAN RUNOFF AND DISCHARGE CONTROL
  236. Article I — DEFINITIONS
  237. Article II — TRAFFIC ADMINISTRATION
  238. Article III — ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS
  239. Article IV — TRAFFIC-CONTROL DEVICES
  240. Article V — TURNING MOVEMENTS
  241. Article VI — ONE-WAY STREETS AND ALLEYS
  242. Article VII — STOP AND YIELD REQUIREMENTS
  243. Article VIII — MISCELLANEOUS DRIVING RULES
  244. Article IX — PEDESTRIANS' REGULATIONS
  245. Article X — STOPPING, STANDING AND GENERAL PARKING REGULATIONS
  246. Article XI — SPECIAL PARKING ZONES
  247. Article XII — RESTRICTED USE OF CERTAIN STREETS
  248. Article XIII — PAID, OFF-STREET, AND BEACH AREA PARKING AREAS
  249. Article XIV — SPECIAL SPEED ZONES
  250. Article XV — SCHOOL CROSSING REGULATIONS
  251. Article XVII — REMOVAL OF KEYS FROM UNATTENDED VEHICLES

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