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A. Notice of Decision Is Final. The notice of the decision by either the hearing officer or administrative review board or construction board of appeals is final, and is not subject to appeal to the city council pursuant to Chapter 1.20.

B. Judicial Review After Any Hearing—Applicability of Government Code Section 53069.4.

1. The appellant may seek judicial review of any decision by the hearing officer or applicable board, by filing a further appeal with the San Luis Obispo superior court within twenty calendar days after service of the decision, 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 the city clerk for the city of San Luis Obispo. The appellant must pay to the superior court the appropriate court filing fee when the appeal is filed. An appellant who elected to have the appeal heard by a hearing officer cannot seek judicial review by petition for writ.

2. Failure to Exhaust Administrative Appeal. No appeal is permitted from a decision where the appellant is deemed to have abandoned the contest of the administrative citation by an unexcused failure to appear at the appeal hearing or by the failure to request an administrative appeal hearing before the hearing officer or applicable board.

3. Forwarding of Records to Superior Court. The city attorney or the city attorney’s designee shall forward to the superior court within fifteen days of the court’s request the pertinent administrative citation documents for any case appealed to that court. If the superior court revokes any administrative citation, the city will refund to the appellant the superior court filing fee paid by the appellant.

C. Judicial Review After Hearing by Administrative Review Board or Construction Board of Appeals—Petition for Writ.

1. The appellant may seek judicial review of the administrative review board’s or construction board of appeals’ decision by filing a petition for writ with the San Luis Obispo superior court. The time within which the petition must be filed and the applicable requirements are governed by the California Code of Civil Procedure. The petition for writ filed with the court must also contain a proof of service showing a copy of the petition for writ was served upon the city clerk. The petitioner must pay to the superior court the appropriate court filing fee when the petition is filed.

2. Failure to Exhaust Administrative Appeal. No petition for writ is permitted from a decision where the appellant is deemed to have abandoned the contest of the administrative citation by an unexcused failure to appear at the appeal hearing or by the failure to request an administrative appeal hearing before the administrative review board or construction board of appeals.

3. Preparation of Administrative Record. Upon request of the superior court, and petitioner’s payment to city of the costs of preparing the administrative record, the city attorney or city attorney’s designee shall have the administrative record prepared and forwarded to the superior court. (Ord. 1625 § 1 (part), 2015)