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~ Ordinance No. 3025
2 AN ORDINANC~ OF THE COUNTY OF BUTTE ADDING
3 SECTION 1-6.5 T~ CHAPTER 3 OF TH~ BUTTE COUNTY CODE
4 LIMITING T3ME FOR JUDTC~AL REV3EW OF QUASi-JUDTCIAL DECISIONS
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6 The Board of supervisars of the County of Butte, State o~ Ca~ifornia,
7 ordains as fol~.ows:
8 Section 1. Section 1-6.~ is added to Chapter 1 ot the Butte Caunty
9 Code ta read as follows:
10 "Section 1-6.5. Limitation of Time for Judicial Review of uasi.-~
3.1. Judicial Decisi.ons.
1.Z (a) Except as otherwise provided herein, the provisians of
13 California Cade of Civil.Procedure Section 1494.6 or successor statute are
14 hereby adapted and any patitian for review of an administrative decision
15 of the Co~nty of Butte, or of any of its boards, comm.~ssions, departments,
16 agenc~.es, or pe~sons autharized to rende~ such a decision, shall be filed
17 within the time limits prescr~.bed therein. Notwithstanding such time
18 limits, whera a shorter time limitation is provzded by any other law, such
19 shorter time limit shall apply.
20 (b) The limitati~n provided in subsaction (a) sha].l apply ta any
21 final administrative order or decis~on mad~ as the result of a proceeding
22 i.n which by 1.aw a hearing is requa~ed to be given, evidence is required
23 to be taken and discretion in the determination of facts i.s vested in the
24 board, cammission, o~ficer or t~ibunal conducting the hearing.
25 (c) The l~.mitation provided in subsectian (a} shall apply to a11
26 quasi-judicia~ praceedings now pending or hereafter begun. written not~.ce
27 of the time limitatian of Section 1094.6 shall be given ta the par~ies by
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~ the decision maker in substantially the following form:
2 "The t~me within which judicial review af this decision must be
3 saught is governed by California Code of Civi1 Procedure Section 1094.6.
4 Judicial rev~ew must be sought not later than the 90th day fallowing the
5 date on which this decision becomes fina~, except that where a shorter
6 time limit is provided by state or ~ederal law, such shorter time limit
7 shall apply."
8 (d} The limitation provided in paragraph {a} shall be construed to
9 require that petitions filed pursuant ta Code o£ Civil Procedure Section
10 109~.5 for rev~ew of administrative decis~ons rendered pr~or to the
11 ef~ective date of this ordinance must be filed within ninety days ~ram the
12 date upon which notice af the time ~in-its pravided in this ordinance is
13 mailed or personally delivered to all parties to such administrative
14 decision, unless a shorter time limit applies. Notice under this
15 subsection shall be in substantia~ly the ~o].lowing form:
16 "By ordinance, the time ].~mits set forth in the California Cade o~
17 Ci~v'il Procedure Section 1.094.6 have been made applicable to the decision
18 rendered by (decision ~nake~ on date concerning title or descri tion
19 of administrative action . Judicial review must be saught not later than
20 the 9flth day following the date of this notice, except that where a
21 shorter time limit is provided by state or federal law, such shorter time
22 li~nit shall app~y."
23 (e) This ordinance is not intended to revive, nor shall it be deemed
24 to revive, any cause of actian or grounds for rel~ef thrdugh a special
25 praceeding which is barred by law or equity.
26 (~) All costs of preparing a record which may be recovered by a
27 local agency pursuant to Code of Civi1 Procedure Sect~on 1094.6(c) or
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successor statute, shall be pa~d by the petitioner priar to delivery af
th~ record to petitioner.
Section 2. severabilit . I~ any part of this ordinance shall be held
void by a court of competent jurisdiction, such part sha11 be deemed
se,crerable, and the invalidity thereo~ shall not af~ect the remaining parts
o~" ~his ordinance.
Section 3. Effect~.ve Date• Publication. This ordinance shali be and
is he~eby declared to be in ~u~I ~arce and efi~ect 30 days from the date
af its passage (Gave~nment Code Section 25123). Within ~ifteen days of
the date of its passage, th~.s ordinance shall be published once with the
names of th~ members of the Board of Superviso~s voting for and against
it in the Enterpxise Record,a newspaper publi.shed in the County of Butte,
Stat~ of Ca~i~ornia.
PASSED AND ADOPTED by the Board of Sup~rvisors of the C~unty of
Butte, State of Califarnia, an the 4th day of August , 1992, by
~.he following vote:
AYE S: Supervisors Fulton, Houx, Mcln.turf and Chair po1an
NOES : None
ABSENT: Supervisor Mc~aughlin
NOT V~TING: None
~ OLAN, ~~ia.~r of the
tte County Board o~ Superv~sors
ATTEST:
STARLYN BROWN,
Offiaer and Cl
By
ing Chief Admi'lri'r~trative
of the Baa~d
(quasi-ju.ord)
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