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Ord 2017-013
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Ord 2017-013
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8/7/2017 5:06:32 PM
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8/7/2017 5:04:44 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
6/5/2017
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PERM
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ARTICLE 8. JUDICIAL REVIEW <br /> 1-12-800 LIMITATION OF TIME FOR JUDICIAL REVIEW OF ADMINISTRATIVE <br /> DECISIONS. <br /> (a) An appeal filed pursuant to Section 1-12-450(a), seeking judicial review pursuant <br /> to Government Code §53069.4 of an administrative penalty imposed by the decision of a <br /> Hearing Body, shall be filed within the time limits prescribed therein. <br /> (b) Except as otherwise provided herein; the provisions of California Code of Civil <br /> Procedure (C.C.P.) §1094.6 or successor statute are hereby adopted and any petition for review <br /> of an administrative decision of the City of San Leandro, or of'afiy of its boards, commissions, <br /> departments, agencies, or persons authorized to render such a decision, including review <br /> pursuant to Section 1-12-450(b), shall be filed within the time limits prescribed therein. <br /> Notwithstanding such time limits, where a shorter time limitation is provided by any other law, <br /> such shorter time limit shall apply. <br /> (e) Except as provided in subsection (4), the limitation provided in subsection (b) <br /> shall apply to any final administrative order or decision made as the result of a proceeding in <br /> which by law a hearing is required to,be given, evidence is required to be taken and discretion in <br /> the determination of facts is vested in the Iperson conduetin the hearing. <br /> (d) The limitationprovidedi subse ti an (b) shalh pply_to all administrative.._ <br /> proceedings specified in subsection (c) now pending or,hereafter begun. Written notice of this <br /> limitation shall be given to the parties to such proceeoings.bythe decision-maker in substantially <br /> the following form: <br /> "The time within which judicial reVjdw of this derision must be sought is governed by C.C.P. <br /> Section 1094.6. Judicial review must besought nof,later than the 90th day following the date on <br /> which this deeisiori becomes final except that where A,shorter time is provided by any State or <br /> Federal law, such shorter time limitshall apply." <br /> (e) This section shall not be deemed to revive any cause of action or grounds for <br /> relief through a special proceeding which is barred by law or equity. <br /> (f) All costs of preparing a record which may be recovered by a local agency <br /> pursuant to C.C.P. §I094.6(c) or successor statute, shall be paid by the petitioner prior to <br /> delivery of the record to petitioner. <br /> Chapter 3-2 <br /> WEED ABATEMEN'r <br /> ARI"ICM" 1, DFIFINI`I'IONS <br /> 3-2-100 CITY MANAGER, <br /> The "City Manager"shall mean the City Manager or his designee. <br />
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