O1198
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Counc1l ting 02/24/81
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Santa Monica, 11forn~a
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ORDINANCE NO. 1198
(C1ty Councll Series)
AN ORDINA"'JCE OF THE CITY OF SANTA MO!'HCA
ESTABLISHING A 90-DAY PERIOD OF LIMITATIONS
FOR APPEAL OF ADMPJISTRATIVE ACTIONS.
WHEREAS, there has been a great 1ncrease In the number
and scope of activitles subJect to or requlrlng admln~strative
actlon, and a corresponding lncrease in litigation flowing from
such ad~lnistrative action: and
WHEREAS, it has become increas1ngly important to facllitate
prompt and orderly Judicial review thereof: and
WHEREAS, it would speed and slmplify the ultlmate resolu-
tlon of dlsputes stemminq from administrative actions and ald
enforcement of administratlve pollcies to adoot the nlnety (90) day
perlod of limitatlons provided at Section 1094.6 of the Ca1iforn1a -
Code of Civil Procedure for the review of administratlve declslons,
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN:
SECTION 1. Chapter IV. Section 140Q 1S added to Article I
of the Municlpal Code to provide as follows:
Sectlon 1400. APPEAL OF ADMINISTRATIVE ACTION.
Any petltion flIed pursuant to Section 1094.5 of
the Callfornla Code of Clvil Procedure for )UdlCla1 review
of any administratlve declslon revlewable under that section
must be flIed in the court ln which such review is sought
not later than the 90th day fo1low~ng the date on which the
decl.sion becomes flnal in accordance witl, the provisions of
Section 1094.6 of the Callfornia Code of Civil Procedure,
which section is hereby made applicable ln Santa Monica
and is incorporated hereln as though fully set forth.
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SECTION 2. Any prOVls1on of the Santa Monlca N.unlcipal
Code or appendlces thereto 1nconslstent therewlth, to the extent
of such incons~stencies and no further, are hereby repealed or
modlfled to that extent necessary to effect the provisions of
thlS ordlnance.
SECTION 3. If any sectlon, subsectlon, sentence, clause,
or phrase of this ord~nance lS for any reason held to be ~nval1d
or unconstitutlonal by a decis10n of any court of any competent
Jur~sd1ctlon, such decision shall not affect the valldity of the
rema~ning portions of the ordlnance. The Clty Council hereby
declares that it would have passed th1S ord1nance and each and
every sectlon, subsection, sentence, clause, or phrase not declared
1nval1d or unconstltutional wlthout regard to whether any portion
of the ordlnance would be subsequently declared invalld or un-
const~tut~onal.
Sr:::CTION 4~ The Hayor shall sign and the City Clerk shall
attest to the passage of this ordlnance. The C~ty Clerk shall
cause the same to be publlshed once 1n the off1clal newspaper wlthln
15 days after ~ts adoptlon. The ord1nance shall become effective
after 30 days from its adoption.
APPROVED AS TO FORM:
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ADOPTED Aim APPROVED TH IS
OF February " 1981.
24th
DAY
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/ ~J1'AYOR
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I HEREBY CERTIFY THAT THE FOREGOItJG ORDINArKE",.
NO. 1~~98.. ,,\4AS DULY Arm REGULARLY INTRODUCED AT ^ ~EETING
OF THE CITY COUNCIL ON THE 11th DAY OF February . ,,1981;
THAT THE SAID ORDINANCE HAS THEREAFTER DULY ADOPTED AT A
MEETING OF THE CITY COUNCIL ON THE 24th DAY OF february1981
BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNe I lJ1E.~BERS:
Yannatta Goldway, Jennings, Reed,
Rhoden, Scott and Mayor Bambrlck
rmES:
COWlC I U1E~BER:
None
ABSEtH: CQU!JCI L ~EMBERS: None
ATTEST:
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~{~ /JJ ~
CITY CLERK
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