HomeMy WebLinkAbout77-08 Establish Statute of Limitationst
ORDINANCE NO. 77-E
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA ESTABLISHING A STATUTE OF LIMI-
TATIONS FOR JUDICIAL REVIEW OF ALL DECISIONS
OF THE CITY OF COSTA MESA AS PROVIDED BY STATE
LAW.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of Costa Mesa
hereby finds and declares that decisions of the City of Costa
Mesa's City Council, Commissioners, Boards and other City
officials occur with increasing frequency and affect the rights
of citizens, applicants and employees.
The City Council further -finds and declares that these
numerous proceedings involve considerable records, documents
and other evidence that accumulate and require storage and pro-
tection in the event of possible judicial review of action taken
therein. -
The City Council.further finds and declares.that to mini -
mite the need for retaining all such materials for an unreasonable
length of time and to avoid the presentation of stal.e claims
thereunder a time limit for filing suit for judicial review of
such decisions is necessary for the general health, safety and
welfare of the public.
The City Council further finds and declares that the State
of California has.recently enacted legislation '(1976 -Stats,
Chapter 276) providing for such limitations and it is intended
herein to incorporate same as -fully and completely into our
Municipal Code, notwithstanding pre-existing provisions to the
contrary.
SECTION 2: Accordingly, the Costa Mesa Municipal Code,
Title 2, Chapter IX is hereby amended to add a new Section 2-310,
as follows:
-1-
e
S2-309 RESERVED -
S.2 -310. LIMITATIONS ON JUDICIAL REVIEW
Notwithstanding any:provision in this Code to the
contrary, any action to contest or review any decision of the
City, -of Costa Mesa, its Council, Commissions:_; Boards, or Officers
shall be filed with a Court of competent jurisdiction no.later
jthan ninety (90),days following the date on which the decision
becomes final, as provided in'California Code of Civil Procedure.
§1094.6, incorporated herein by reference.
SECTION 3: This ordinance shall take effect and be in
III- full force an
. effect thirty (30) days from and after `.its passage,
and.before-the"expiration of .fifteen (15). days after its passage,
shall,be published once in the Orange Coast Daily Pilot, a news-
PaPer of general circulation printed and published in the City
- f the
of Costa Mesa together with the
names- of the members o
g
City Council voting for and against the same. "
PASSED AND ADOPTED - this, .IWt day of Q� ,
1977.
f. s Mesa
a of the -City
o t
ATTEST,:
City Clerk 'of the City .of
Costa Mesa
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss..
CITY.OF COSTA_MESA ).
I, EILEEN P. PHINNEY, City Clerk'and ex -officio
"Clerk of
the.City-Council of the City "of Costa."Mesa,. hereby certify that.
the "above -and. foregoing Ordinance No. ' '.77-gwas in
and'.considered section by section,.at a,regular meeting of said
City.Council held on the .2;z�s(day of , 1977 and
thereafter passed and adopted as a whole at.a gular meeting of
said City Council held on "the day. of1977
by the following roll call vote:
-AYES: COUNCIL"' MEMBERS: /
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: �J
IN WITNESS WHEREOF I have hereunto set my. -hand and affixed
the Seal of.the City_of Costa Mesa this day of��i� ,
1977,.
.City Clerk arida-ex-off"icio qlfirk
Of -the City C'oiz_ncil of th ty.
. "APP U AS TO FORM" of costa Mesa
BY -
CI A TORN .Y'S OFFICE
ITY OF COSTA MESA