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HomeMy WebLinkAboutApprove for introduction Ordinance No. 4072 amending SectionDept ID CA 15-014 Page 1 of 1 Meeting Date 10/19/2015 OtAr �.. qlA) CITY OF HUNTINGTON REACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/19/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Michael E Gates, City Attorney PREPARED BY: Michael E Gates, City Attorney SUBJECT: Approve for introduction Ordinance No 4072 amending Section 1 18 140 of the Huntington Beach Municipal Code (HBMC) relating to the Right to Judicial Review Statement of Issue Currently, the City of Huntington Beach Municipal Code Section 1 18 140 requires all requests to appeal administrative hearing decisions be made by applying for Judicial Review with the West Justice Center of the Orange County Superior Court However, the West Justice Center no longer provides judicial review of these types of matters Instead, all judicial review of administrative hearing decisions were reassigned to the Orange County Superior Court in Santa Ana This amendment to the Huntington Beach Municipal Code is necessary to correctly inform the public of their appeal rights in light of new court reassignment Financiallmpact N/A Recommended Action Approve for introduction Ordinance No 4072, "An Ordinance of the City of Huntington Beach Amending Section 1 18 140 of the Huntington Beach Municipal Code Relating to the Right to Judicial Review " Alternative Action(s) Do not approve an Ordinance of the City of Huntington Beach Amending Section 1 18 140 of the Huntington Beach Municipal Code Relating to the Right to Judicial Review Analysis The Huntington Beach Municipal Code is currently inaccurate It is advised to amend this Environmental Status N/A Strategic Plan Goal Enhance and Maintain City Service Delivery Attachment(s) 1 Ordinance No 4072, "An Ordinance of the City of Huntington Beach Amending Section 1 18 140 of the Huntington Beach Municipal Code Relating to Judicial Review" 2 Legislative Draft — MC 1 18 140 xB -637- Item 16. - 1 ORDINANCE NO 4 0 7 2 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 1 18.140 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE RIGHT TO JUDICIAL REVIEW The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 1 18 140 of the Huntington Beach Municipal Code is hereby amended to read as follows 1.18.140 Right to Judicial Review A The crtee may seekjudicial review of the administrative hea►►ng decision by filing an appeal with the Orange County Supeiior Court within 20 calendar days after the crtee receives a copy of the notice of decision at the conclusion of the hearing in accordance with the provisions of California Government Code Section 53069 4 The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon "City of Huntington Beach (Attention- City Attorney)." The citee must pay to the Orange County Superio► Court a $25 00 filing fee when the appeal is filed B No appeal is permitted from a decision on a request for pieliniinaiy review, of all extension of the 30-day coriectron period for building violations, or a request for waiver of the fine deposit, of where the crtee is deemed to have abandoned the contest of the citation by an unexcused nonappearance at the hearing or failure to deposit the fine. C The City Attorney shall forward to the Court, within 15 days of its request, the pertinent citation documents for any case appealed to that court If the Court cancels any citation, the City Treasurer will refund any fine deposit made and the $25 00 appeal filing fee SECTION 2 This ordinance shall become effective 30 days after its adoption 15-4931/126567 doc Ordinance No. 4072 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2 n d day of November, 2015 r ATTEST: City C erk APPROVED AS ty Attorney'' gk2q\ l r- REVIEW APPROVED• INITIATED P OVED: Cit er City Attorney Or-() 4L('2sg1 15-4931/126567 doc 2 Ord. No. 4072 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-ofcio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on October 19, 2015, and was again read to said City Council at a Regular meeting thereof held on November 2, 2015, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson NOES: None ABSENT: None ABSTAIN: None I, Joan L Flynn, CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on November 12, 2015 In accordance with the City Charter of said City Joan L FIM, City Clerk Senior Deputy City Clerk Ordinance No, 4072 LEGISLATIVE DRAFT 1.18.140 Right to Judicial Review A The crtee may seek judicial review of the administrative hearing decision by filing an appeal with the West itistiee Genief of the Orange County Superior Court within 20 calendar days after the crtee receives a copy of the notice of decision at the conclusion of the hearing in accordance with the provisions of California Government Code Section 53069 4 The appeal filed with the court must also contain a proof of service showing a copy of the appeal was served upon "City of Huntington Beach (Attention City Attorney) " The crtee must pay to the West Tusti e Gente Orange County Superior Court a $25 00 filing fee when the appeal is filed B No appeal is permitted from a decision on a request for preliminary review, or an extension of the 30-day correction period for building violations, or a request for waiver of the fine deposit, or where the crtee is deemed to have abandoned the contest of the citation by an unexcused nonappearance at the hearing or failure to deposit the fine C The City Attorney shall forward to the Court, within 15 days of its request, the pertinent citation documents for any case appealed to that court If the Court cancels any citation, the City Treasurer will refund any fine deposit made and the $25 00 appeal filing fee (3397- 7/98, 3630-02/04, 3751-11/06)