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ORDINANCE NO. 62
' AN ORDINANCE OF THE CITY OF ATASCADERO ADDING
CHAPTER 1 TO TITLE 1 OF THE ATASCADERO MUNICIPAL
' CODE ESTABLISHING A TIME PERIOD FOR JUDICIAL
REVIEW OF CERTAIN CITY ADMINISTRATIVE DECISIONS
' THE COUNCIL OF THE CITY OF ATASCADERO ORDAINS as follows:
Section 1. Chapter 1 is added to Title 1 of the Atascadero
Municipal Code to read as follows:
TITLE 1. GENERAL PROVISIONS
Chaptergjudicial Review UL AURT11i istrative Decisions
1-1. 01. Time for judicial review; statute of limitations.
' (a) Judicial review .s ecifiedAn action or proceeding to
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attack, review, set aside, void, or annul the decision of the City
Council or any board or commission of the City from any adjudicatory
administrative decision made, after hearing, suspending, demoting
or dismissing an officer or employee, revoking or denying an appli-
cation for a permit or license, or denying any application for any
retirement benefit or allowance, or any similar adjudicatory admin-
istrative decision, shall not be maintained by any person unless
such action or proceeding is commenced and service of summons ef-
fected within ninety (90) days after the date of such decision.
Thereafter, all persons are barred from any such action
' or proceeding or any defense of invalidity or unreasonableness of
such decision or of such proceedings, acts, or determinations.
(b) Authority. This section is enacted to promote the public
welfare by providing for the orderly review of adjudicatory adminis-
trative decisions pursuant to the authority contained in section
1094. 6 of the Code of Civil Procedure.
' (c) Requirement of modus. The body, commission, board, officer,
or agent charged with the duty to notify an interested person of
' a final City adjudicatory administrative decision affecting him or
her, shall concurrently therewith give written notice of the ninety
(90) day statute of limitations imposed by this section upon the
filing of a petition for judicial review.
Section 2. The City Clerk shall cause this ordinance to be
published once within fifteen (15) days after its passage in the
' Atascadero News, a newspaper of general circulation, printed, pub-
lished, and circulated in this City in accordance with section 36933
of the Government Code; shall certify the adoption of this ordinance;
and shall cause this ordinance and its certification to be entered
into the Book of Ordinances of this City.
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3/22/83
ORDINANCE NO. 62
' Section 3. This ordinance shallg o into effect and be in full
force and effect at 12: 01 a.m. on the thirty-first (31st) day after
' passage.
The foregoing ordinance was introduced on March 28 , 1983
and adopted at a regular meeting of the Council held on .April 11,
' 1983
AYES: Councilmen Mackey, Stover, Wilkins and Mayor Nelson
NOES: None
ABSENT: Councilman Molina
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ROLFE D. NE SON, Mayor
ATTEST:
PATSY A,. HESTER, Deputy City Clerk
' APPROVED AS TO FORM:
ALLEN GRIMES, City Attorney
APPROVED AS TO CONTENT:
' MUR Y L. A DEN, City Manager
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CERTIFICATION
' I, PATSY A. HESTER, Deputy City Clerk of the
City of Atascadero, hereby certify that the foregoing
' is a true and correct copy of Ordinance No. 62
adopted by the Atascadero City Council at a regular
' meeting thereof held on April 11, 1983.
Dated: April 19 , 1983
' ATS A. HESTER, Deputy City Clerk
City of Atascadero, California