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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37856
Experience:  Retired (mostly)
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Hi: A general question: (We are not the party) When the

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A general question: (We are not the party)

When the abatement appeal board ruled and voted on an appeal,
if the appellant does not agree with the decision, the only option for the appellant is to file a law suit in Superior Court? Thank you.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

When you mention the abatement appeal board, are you talking about the procedure that is held by the Board of Equalization? Also, do you know what type of tax the party is requesting abatement on?
Customer: replied 3 years ago.
Thank you for your response.
No, it is for a building code violation, a Notice of Violation.
Thank you for clarifying. I don't have experience with that procedure, so I'm going to open this up to the other experts.

Sorry for the delay. I only now observe that this question probably required assistance from someone licensed to practice law in California.

The issue is controlled by Cal. Code Civ. Proc. 1094.5, which provides that a petition for a writ of mandate must be filed in the Superior Court to challenge the validity of an administrative agency decision. A writ petition is a fancy way of asking the court to review a decision to see if the agency, "has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion. Abuse of discretion is established if the respondent has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence." CCP 1094.5(b).

So, if a property owner believes that the abatement appeals board has ruled incorrectly or unfairly, then CCP 1094.5 is the code section that must be followed to obtain a review by the Superior Court.

Please let me know if my answer is helpful. Thanks in advance!
Customer: replied 3 years ago.
Thank you for your response. what is the time frame the property owner must file a petition after the decision?
The time limit is 90 days from the date that a written decision is final according to the rules of the agency. If there is no written decision, then the 90 days runs from the date that the decision is announced. CCP 1094.6(b).

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37856
Experience: Retired (mostly)
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