Richmond Municipal Code Ch. 1.08 Judicial Review

Judicial review of any decision made by the City council or by any City commission, board, officer or agent pursuant to 1094.5 of the Code of Civil Procedure may be had only if the petition for writ of mandate is filed within the time limits specified in this action.

(a) Any 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 ordinance, the Charter, or rule, then 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 denied.

(b) The City or its commission, board, officer or agent shall, within ninety days after receiving a written request from the petitioner for the record of the proceedings, prepare the record and deliver it to the petitioner. If said written request for the record is made within ten days after the decision becomes final and if the petitioner is not provided with the record within sixty days after said final decision, the time within which a petition pursuant to Section 1094.5 of the Code of Civil Procedure 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. The City may, pursuant to Code of Civil Procedure Section 1094.6(c), recover from petitioner the actual costs for transcribing or otherwise preparing the record.

(c) As used in this section, "decision" means an 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.

(d) In making a final decision, the City shall provide notice to the party regarding the time within which judicial review must be sought.

(Source: Ordinance No. 17-79 N.S.)