ORDINANCE NO. 628

AN ORDINANCE OF THE COUNTY OF RIVERSIDE ADOPTING A STATUTE OF LIMITATIONS FOR JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS

 

 

The Board of Supervisors of the County of Riverside Ordains as Follows:

 

Section 1.  The provisions of Section 1094.6 of the Code of Civil Procedure are adopted by the County of Riverside and shall be applicable to any decision of the County of Riverside or of any commission, board, officer or agent thereof.

 

Section 2.  The provisions of this ordinance shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law, which provides a shorter statute of limitations, in which case the shorter statute of limitations shall apply.  Whenever any state or federal law prescribes any additional requirements for the commencement or maintenance of any judicial proceeding otherwise subject to this ordinance, such additional requirements shall not be deemed to conflict with this ordinance, shall remain fully applicable, and shall be deemed supplemental to this ordinance.

 

Section 3.  Except when otherwise prescribed by statute, the actual costs of preparing the record of proceedings shall be borne by the person requesting the record.  No written request for a record of proceedings shall be deemed filed with the County unless and until such person has deposited with the County the estimated costs of preparation thereof as determined by the officer responsible for such preparation, with the difference, if any, from actual costs to be refunded at the time of delivery of the record to such person.

 

Section 4.  The provisions of this ordinance shall be applicable to any "decision", as defined by Section 1094.6 of the Code of Civil Procedure that becomes final on or after the effective date of this ordinance.

 

Section 5.  This ordinance and the various parts, sections and clauses thereof are hereby declared to be severable.  If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby.  The Board of Supervisors hereby declares that it would have passed this ordinance and each part thereof, regardless of the fact that one or more parts thereof be declared unconstitutional or invalid.

 

 

 

ADOPTED:     6/3/86   (Eff.: 7/3/86)