§ 1-6.5. Limitation of time for judicial review of quasijudicial decisions.

(a)

Except as otherwise provided herein, the provisions of California Code of Civil Procedure Section 1094.6 or successor statute are hereby adopted and any petition for review of an administrative decision of the County of Butte, or of any of its boards, commissions, departments, agencies, or persons authorized to render such a decision, shall be filed within the time limits prescribed therein. Notwithstanding such time limits, where a shorter time limitation is provided by any other law, such shorter time limit shall apply.

(b)

The limitation provided in subsection (a) 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 board, commission, officer or tribunal conducting the hearing.

(c)

The limitation provided in subsection (a) shall apply to all quasijudicial proceedings now pending or hereafter begun. Written notice of the time limitation of Section 1094.6 shall be given to the parties by the decision maker in substantially the following form:

"The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure Section 1094.6. Judicial review must be sought not later than the ninetieth (90) day following the date on which this decision becomes final, except that where a shorter time limit is provided by state or federal law, such shorter time limit shall apply."

(d)

The limitation provided in subsection (a) shall be construed to require that petitions filed pursuant to Code of Civil Procedure Section 1094.5 for review of administrative decisions rendered prior to the effective date of this section must be filed within ninety (90) days from the date upon which notice of the time limits provided in this section is mailed or personally delivered to all parties to such administrative decision, unless a shorter time limit applies. Notice under this subsection shall be in substantially the following form:

"By ordinance, the time limits set forth in the California Code of Civil Procedure Section 1094.6 have been made applicable to the decision rendered by ( decision maker ) on ( date ) concerning ( title or description or administrative action ). Judicial review must be sought not later than the ninetieth (90th) day following the date of this notice, except that where a shorter time limit is provided by state or federal law, such shorter time limit shall apply."

(e)

This section is not intended to revive, nor shall it 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 costs of preparing a record which may be recovered by a local agency pursuant to Code of Civil Procedures Section 1094.6(c) or successor statute, shall be paid by the petitioner prior to delivery of the record to petitioner.

(Ord. No. 3025, § 1, 8-4-92)