Chapter 1.14 ADMINISTRATIVE ENFORCEMENT
Section 1.14.130 Judicial review.
A. Any responsible party mho is aggrieved
by a decision of a hearing officer, or of a board,
commission, department, agency, or person authorized to render such a decision on behalf of city
pursuant to this chapter, and who has exhausted the administrative remedies provided in this
code, or any other applicable law, shall have the right to seek judicial review of such decision by
filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5.
A petition for writ of mandate must be filed within ninety days after the administrative decision
becomes final (as determined in Code of Civil Procedure Section 1094.6). Notwithstanding these
time limits, where a shorter time limitation is provided by any other law, including that set forth
in Government Code Section 53069.4 (see subsection E of this section), such shorter time limit
shall apply.
B. Written notice of the time limitation
in which a party may seek judicial review of an
administrative decision shall be given to all responsible parties in the matter by city in
substantially the following form:
Judicial review of this decision may be sought by following
the procedure outlined in C.C.P.
Section 1094.5. Judicial review must be sought not later than the 90th day following the date on
which this decision becomes final, except that where a shorter time is provided by any State or
Federal law, such shorter time limit shall apply.
C. This section shall not be deemed
to revive any cause of action or grounds for relief
through a special proceeding that is barred by law or equity.
D. All costs of preparing a record
that may be recovered by a local agency pursuant to C.C.P.
Section 1094.5(a) or successor statute shall be paid by the petitioner prior to delivery of the
record to petitioner.
E. Any responsible party against whom
a penalty has been imposed and who has exhausted
the administrative remedies provided in this code or other applicable law may obtain judicial
review of said penalty pursuant to Government Code Section 53069.4 by filing an appeal to the
Nevada County Superior Court, subject to the time limits described therein. Any such appeal
shall be filed as a limited civil case. Written notice of the subject time limits shall be given to
all
responsible parties against whom a penalty is imposed in substantially the following form:
The time within which judicial review of the Penalty
imposed by this Order must be sought is
governed by Government Code Section 53069.4. Judicial review must be sought not later than 20
days after service of the Order imposing or confirming such Penalty.
(Ord. 651 § 2 (part), 2005)
1.14.130