8B Consent 2009 1102 - Laserfiche WebLink

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(c) Except as provided in subsection (a), the limitation provided in subsection (b) shall apply to any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken and discretion in the determination of facts is vested in the person conducting the hearing. (d) The limitation provided in subsection (b) shall apply to all administrative proceedings specified in subsection (c) now pending or hereafter begun. Written notice of this limitation shall be given to the parties to such proceedings by the decision-maker in substantially the following form: "The time within which judicial review of this decision must be sought is governed by C.C.P. §1094.6. 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." (e) This section shall not be deemed to revive any cause of action or grounds for relief through a special proceeding which is barred by law or equity. (f) All casts of preparing a record which may be recovered by a local agency pursuant to C.C.P. §1094.6(c) or successor statute, shall be paid by the petitioner prior to delivery of the record to petitioner. 3.2.265 SUMMARY ABATEMENT PROCEDURE Notwithstanding any other provision of this Code or this Chapter, whenever, in the reasonable judgment of the Enforcement Officer, the existence or continuance of any violation of this Chapter; or any public nuisance, or any other condition that poses an imminent or immediate danger of significant harm to persons or property, or so endangers the public health, welfare or safety, an Enforcement Officer may act immediately and without prior notice or hearing to abate such condition. The expense or cost resulting from such summary abatement shall be enforceable as a personal obligation of the responsible party. The expense or cost of summary abatement may be imposed as a lien or a special assessment on real property, as described in Section 1-12-600 of this Code. Section 4. Effective Date and Publication. This ordinance shall take effect thirty (30) days after adoption and the title thereof shall be published once prior to adoption. Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the ordinance is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part hereof. The City Council hereby declares that it would have passed each section of the Ordinance irrespective of the fact that one or more of them would be declared unconstitutional or invalid. To this end, the provisions of the Ordinance are declared to be severable.