Santa Cruz County Municipal Code Art. VIII Legal Stipulations

No legally permitted action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any County decision or action taken pursuant to this chapter, or to determine the reasonableness, legality, or validity of any condition attached thereto, shall be maintained by any person unless such action or proceeding is commenced and service effected within the applicable time limits specified in SCCC § 1.04.080(E), SCCC § 1.04.170, Section 65860 and any successor provisions of the Government Code, or Sections 21167 and 30801 and any successor provisions of the Public Resources Code. Thereafter all persons are barred from commencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision or of such proceedings, determinations, or actions taken. The provisions of this section shall not expand the scope of judicial review and shall prevail over any conflicting provisions in any otherwise applicable law relating to the subject matter. This section does not prevail over State law.

(Ord. 4044 § 2, 1990; Ord. 4496-C § 107, 1998; Ord. 5427 § 16, 2022)

Formal rules of evidence or procedure which must be followed in court shall not be applied in matters considered under this chapter. No action, inaction or recommendation regarding any such matters by any legislative body or any administrative body or official of this County shall be held void or invalid or be set aside by any court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect or omission (hereinafter called "error") as to any matters pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals or any matters of procedure whatever, including but not limited to those included in this section unless, after an examination of the entire case, including the evidence, the court shall be of the opinion that the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed. There shall be no presumption that error is prejudicial or that injury was done if error is shown.

(Ord. 4044 § 2, 1990)

Failure of any person or entity to receive a notice shall not invalidate the action of an approving body on any proposal.

(Ord. 4044 § 2, 1990)