Yuba County Municipal Code Ch. 1.16 Judicial Review of County Decisions

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State Law reference— Judicial review of decisions of local agencies, Code of Civil Procedure § 1094.6.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(1) Decision means a decision subject to judicial review pursuant the Code of Civil Procedure § 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.

(2) Local agency means the Yuba County Board of Supervisors, and all other commissions, boards, officers, and agents of the County of Yuba.

(Prior Code, § 1.16.010; Ord. No. 1084)

As required by the provisions Code of Civil Procedure § 1094.6, the provisions of said section are applicable to the decisions of the Yuba County Board of Supervisors and all other commissions, boards, officers and agents of the County of Yuba, except where a shorter limitation of actions is otherwise provided by the Yuba County Ordinance Code or State or Federal law.

(Prior Code, § 1.16.020; Ord. No. 1084)

Judicial review of any petition for writ of mandate pursuant to Code of Civil Procedure § 1094.6 shall be filed not later than the 90th day following the date on which the decision becomes final. A decision is final on the day it is made.

(Prior Code, § 1.16.030; Ord. No. 1084)

If the petitioner files a request for the record within ten days after the date the decision becomes final, the time within which a petition for judicial review may be filed shall be extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or petitioner's attorney of record, if petitioner has an attorney.

(Prior Code, § 1.16.040; Ord. No. 1084)

(a) Within ten days of filing the request for the record of a decision of the Local Agency and prior to commencing preparation of a transcript or other record, the officer or employee of the Local Agency responsible for preparation of the record shall provide to the petitioner an estimate in writing of the actual total cost of the record. The party requesting preparation of the record shall deposit the full amount of the cost estimate with the officer or employee of the Local Agency responsible for preparation of the record within ten days of such notification. Actual total costs shall include, but not be limited to, the salary and fringe benefit rates of pay by the Local Agency to personnel for time consumed in typing a transcript and reproducing, assembling and compiling the transcript and exhibits, the unit cost (including pro-rated rental) of equipment utilized in reproduction, the cost of materials and supplies, and the cost to the Local Agency of having a transcript typed when testimony has been recorded by a court reporter.

(b) If the cost of the preparation of the record exceeds the amount deposited, the party requesting such record shall pay the additional amount when the record is delivered. If the deposit exceeds the actual cost, the difference shall be refunded.

(Prior Code, § 1.16.050; Ord. No. 1084; Ord. No. 1405)

The complete record of the proceedings in which the decision is made shall be prepared by the Local Agency which rendered the decision and shall be delivered to the petitioner within 190 days after petitioner has filed a written request therefor. Said period shall not commence until the party requesting preparation of the record has deposited the full amount of the cost estimate as set forth in Section 1.16.050. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a Hearing Officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the affected board, commission, officer or agent, all written evidence, and any other papers in the case.

(Prior Code, § 1.16.060; Ord. No. 1084)

After making a decision, the Local Agency shall provide notice to the affected party that the time within which judicial review must be sought is governed by this Chapter. Upon giving notice of any decision subject to this Chapter, the Local Agency shall include in the decision a statement substantially as follows:

The time within which judicial review of this decision must be sought is governed by the Code of Civil Procedure § 1094.6, and the Yuba County Ordinance Code, Chapter 1.16. Any petition seeking judicial review must be filed in the appropriate court not later than the 90th day following the date on which this decision was made; however, if within ten days after the decision was made, a request for the record of the proceedings is filed and the required deposit in an amount sufficient to cover the estimated cost of preparation of such record is timely deposited, the time within which such petition may be filed in court is extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to you or your attorney of record.

(Prior Code, § 1.16.070; Ord. No. 1084)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.