San Bernardino Municipal Code Ch. 1.26 Time Limitations for Administrative Mandamus Proceedings

(A) Any judicial action taken to review, set aside, annul or vacate any decision, finding or action taken by the Mayor and City Council or of any commission, board, officer or agent of the city shall be filed within the time limits prescribed in Cal. Code of Civil Procedure, § 1094.6. For abatement of dangerous buildings pursuant to the provisions of Chapter 15.28, a 30-day time limitation within which a judicial action to review, set aside, annul or vacate any decision, finding or action taken by the Mayor and City Council is imposed, due to the urgency of relief required for the public health and safety.

(B) If any sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of this section.

(Ord. MC-85, passed 8-4-1981; Ord. MC-216, passed 10-25-1982; Ord. MC-410, passed 9-18-1984)

As used in this chapter, DECISION includes, but is not limited to, an adjudicatory administrative decision made after a 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.

(Ord. MC-85, passed 8-4-1981; Ord. MC-216, passed 10-25-1982)

Upon the filing of a written request for the record of the proceedings or any portion thereof, an amount estimated to cover the actual cost of preparing the record shall be deposited in advance with the city official preparing the record. The record prepared by the city official shall include the transcript of the proceedings, other than a reporter’s transcript; all pleadings, notices, orders, final decision, exhibits admitted or rejected; all written evidence; and any other papers in the case. When a hearing has been reported by a court reporter and the petitioner desires a reporter’s transcript, the petitioner shall arrange directly with the court reporter for the transcript, pay the reporter directly and lodge the transcript with the court, serving notice of the lodging to the City Attorney.

(Ord. MC-216, passed 10-25-1982)

Upon rendition of any adjudicatory administrative decision by the city, notice shall be provided to the parties that the time within which judicial review must be sought is governed by the provisions of the Cal. Code of Civil Procedure, § 1094.6.

(Ord. MC-216, passed 10-25-1982)