Yuba City Municipal Code Ch. 4 Appeals and Subsequent Judicial Reviews

Except as otherwise specifically provided in this Code, any person excepting to the denial, suspension, or revocation of a permit applied for or held by him or her pursuant to any of the provisions of this Code, or to any administrative decision made by any official of the City pursuant to any of the provisions of this Code, may appeal in writing to the Council by filing with the City Clerk a written notice of such appeal setting forth the specific grounds thereof.

(Amended by § 1, Ord. 791, eff. October 5, 1978)

The written notice of appeal shall be filed with the City Clerk within 14 days after the receipt of written notice of such action appealed from, but in no event later than 30 days after the date of such action.

(Amended by § 1, Ord. 791, eff. October 5, 1978)

The City Clerk shall forthwith set such matter for a hearing before the Council at a subsequent regular meeting and shall cause notice thereof to be given to the applicant not less than five days prior to such hearing, unless such notice is waived in writing by the applicant. At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved. The Council may continue the hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter.

(Amended by § 1, Ord. 791, eff. October 5, 1978)

Adjudicatory and administrative decisions, as used in this chapter, shall have the meaning subscribed thereto under Civil Procedure Code § 1094.6, including administrative decisions made after hearing, suspending, demoting, or dismissing an officer or employee or any action taken by the Council in revoking or denying an application for a permit or license or denying an application for any retirement benefit or allowance. Administrative decisions, as used in this chapter, shall include all land use decisions made by the Council, including applications for land use permits, applications for variances, building permits, applications for rezoning, and applications for any other license issued under the terms of this Code.

(§ 1, Ord. 791, eff. October 5, 1978)

Pursuant to Civil Procedure Code § 1094.6, there is hereby established a 90-day statute of limitations for the judicial review of any such administrative and/or adjudicatory decision as defined in Section 1-4.04 of this chapter. The judicial review of such decisions shall be sought within 90 days following the day on which such decision becomes final. The failure to do so shall subject such judicial review to the bar of the statute of limitations.

(§ 1, Ord. 791, eff. October 5, 1978)

The City Clerk and/or other administrative officer shall comply with the provisions of Civil Procedure Code § 1094.6 and provide notice to the party that the time within which judicial review shall be sought is governed by Section 1-4.05 of this chapter. As used in this section, "party" shall mean an officer or employee who has been suspended, demoted, or dismissed; a person whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied.

(§ 1, Ord. 791, eff. October 5, 1978)

The provisions of this chapter with reference to judicial reviews shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter and shall prevail over any conflicting provision of this Code relating to the subject matter.

(§ 1, Ord. 791, eff. October 5, 1978)