Tracy Municipal Code Ch. 1.20 Judicial Review Time Limits

(a) Ninety (90) days: Code of Civil Procedure section 1094.5. Judicial review of any decision of the City, or of any commission, board, officer or agent of the City, may be had under California Code of Civil Procedure section 1094.5 only if the petition for writ of mandate is filed within ninety (90) days following the date on which the decision becomes final. However, if the person challenging the decision files a request for a copy of the record of proceedings with the City Clerk within ten (10) days after the date on which the decision becomes final, then the time within which the writ of mandate may be filed is extended to the 30th day after the record is either delivered or mailed to the person or his attorney, if he has one. The procedures set forth in Code of Civil Procedure sections 1094.5 and 1094.6 apply.

A "decision," as used here, means a decision subject to review under section 1094.5, suspending, demoting or dismissing an officer or employee; revoking or denying an application for a permit, license or other entitlement; imposing a civil or administrative penalty, fine, charge or cost; or denying an application for any retirement benefit or allowance.

In making any final decision subject to review under Code of Civil Procedure section 1094.5, the City shall provide notice to the party that the time within which judicial review must be sought is governed by this section. The City may do so by including a copy of this section with the written notice of the final decision.

(b) Twenty-one (21) days: First Amendment issues. A final decision by the City to issue, revoke, suspend or deny a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution is governed by California Code of Civil Procedure section 1094.8. Such a decision is entitled to priority and subject to expedited hearing and review procedures. An action to challenge the city's decision must be filed and served within twenty-one (21) calendar days from the date of the decision.

(c) Thirty (30) days: most other decisions. Except as otherwise provided below, any legally permitted court action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any City decision or action must be commenced, and service of summons effected, within thirty (30) days from the date of the decision. 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 action. In this subsection, "decision" includes administrative, adjudicatory, legislative, discretionary, and executive decision, or other action taken or authorized by this Code. This subsection shall not expand the scope of judicial review and shall prevail over any conflicting provision and any other applicable law relating to the subject.

This subsection does not apply to decisions governed by: subsection a or b above; Government Code sections 65860 (zoning consistency with general plan) and 66499.37 (subdivisions); Public Resources Code section 21167 (environmental quality); or any other statute where a different time period is mandated.

(Ord. 1009 § 1, 1999: prior Code § 1-6.01)

(Ord. No. 1316, § 1(Exh. A), 9-21-2021)

(Repealed by Ord. 1009 § 2, 1999: prior Code § 1-6.02)