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HomeMy WebLinkAboutNS-1676EJC:ar 3/11/83 ORDINANCE NO. NS- 1676 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 1-19 OF THE SANTA ANA MUNICIPAL CODE RELATING TO TIME LIMITS FOR SEEKING' JUDICIAL REVIEW AND~COST OF PREPARING ADMINISTRATIVE RECORDS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 1-19 of the Santa Ana Municipal Code is hereby amended.to read as follows: Sec. 1-19. Time limit for seeking review of administrative determinations; cost of record. (a) Any judicial action taken by any party to set aside,~ annul or vacate any decision, finding, or action taken by the CSty of .Santa Ana, or of any commission, board, officer, or agent thereof, shall be filed within the time limits prescribed in California Code of Civil Procedure Section 1094.6. No action for declaratory relief may be brought to review an administrative decision of the City of Santa Ana or of any commission, board, officer or agent thereof. (b) The provisions of Section 65907 of the Government Code of the State of California are incorporated herein as if fully set forth. As used in said section, the words "any decision of matters listed in Sections 65901 and 65903" shall mean any decision of the zoning administrator, planning commission or city council with respect to any application for a variance, conditional use permit, minor exception' or other entitlement of use or development made pumsuant to Chapter 41 of this Code. (c) The actual cost of preparing the record, including, but not limited to, exhibits and transcripts, shall be borne by the person requesting the record. No written request for a record of proceedings shall be deemed filed with the city unless and until such person has de- posited with the city the .estimated cost of preparation thereof, as determined by the officer responsible for such preparation, with the difference, if any, from actual costs to be paid or refunded at the time of delivery of the record to such person. ORDINANCE NO. NS- 1676 PAGE TWO SECTION 2. If any section, Subsection, sentence, clause, phrase or portion of this ordinance is-for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof,- irrespective of the fact that any one or more sections, subsections, sentences,,clauses, phrases, o~portions be declared invalid or unconstitutional. SECTION 3. ~ Neither the adoption of this ordinance nor the repeal, hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date here- of, nor be construed as affecting an~ of the provisions of such ordinance relating bo the col~lection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof~, required to be,posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 4th ATTEST: ' day of April , 1983. GoRDoN Bf{ICKEN, MAYOR COUNCILMEMBERS: Bricken AMd Luxembourger Aye Acos t.a - Aye Serrato Aye Griset Aye Markel .:Aye McGuig&n APPROVED AS TO FORM: EDWARD ~. ~9_~ER CITY ATTORNEY