Chapter 1.16 — NOTICES AND APPEALS

When this code requires the giving of notice and manner of giving the notice is not specified, the notice shall be in writing. If a right may be exercised or an act is to be done and the notice of it is required to be given but the time within which the notice must be given is not specified, the notice shall be given at least ten days before the time the right must be exercised. (Prior code § 1-601)

When in this code notice is required to be given and the manner of giving notice is not otherwise specified, the notice shall be served either personally or by first class mail in a sealed envelope with postage prepaid, addressed to the person at his or her last known mailing address and deposited in a facility maintained by the United States Department of Postal Service. (Prior code § 1-602)

In the case of service by mail, service is complete at the time notice is deposited in the United States mail. However, if within a given number of days after service, a right may be exercised or an act is to be done by

the person to whom the notice is given, the time within which the right may be exercised or the act done is extended to five days if the place of address is within the state of California, ten days if the place of address is outside the state of California but within the United States, and twenty (20) days if the place of address is outside the United States. (Prior code § 1-603)

The time in which action provided by this code is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. (Prior code § 1-604)

A person aggrieved by an administrative action taken by an officer or employee under this code may appeal from the action to the City Manager and thence to the City Council, unless the procedure for appeal is otherwise specifically provided. The time and manner of appeal is prescribed by Sections 1.16.060 and 1.16.070. (Prior code § 1-605)

When this code provides that a decision or order may be appealed and the procedure for taking the appeal is not specifically provided for, the person appealing shall file a written notice of appeal with the City Manager within ten days of the action appealed from. (Prior code § 1-606)

Upon receiving the notice of appeal, the City Manager shall set the matter for hearing and shall give the person appealing written notice of the time and place of hearing at least ten days before the hearing. (Prior code § 1-607)

The decision of the City Manager is final ten days after notice is given to the appellant of the ruling on the appeal, unless an appeal is taken from the decision of the City Manager. The decision of the City Council is final. (Prior code § 1-608)

California Code of Civil Procedure Section 1094.6 is applicable to the city of Orinda and provides that review of any decision of the city may be had under Code of Civil Procedure Section 1094.5 (review of

administrative decisions) only if the petition for writ of mandate is filed within ninety (90) days after the decision becomes final. (Prior code § 1-609)