SECTIONS 29600-29606 - California Statutes

PUBLIC RESOURCES CODE

SECTION 29600-29606

29600. The provisions of this chapter shall be in addition to any
other remedies available pursuant to law.

29601. The provisions of Chapter 4 (commencing with Section 66630)
of Title 7. 2 of the Government Code relating to cease and desist
orders and penalties for violations thereof shall apply to all
development for which a marsh development permit from the commission,
or the commission hearing an appeal, may be required under this
division.

29602. Any aggrieved person may seek judicial review of any
decision or action of the commission by filing a petition for a writ
of mandate in accordance with the provisions of Section 1094.5 of the
Code of Civil Procedure within 60 days after such decision or action
has become final.

29603. Any aggrieved person, including an applicant for a marsh
development permit, or the commission, may seek judicial review of
any decision made or any action taken pursuant to this division by a
local government that is implementing the certified local protection
program, or any component thereof, whether or not such decision or
action has been appealed to the commission, by filing a petition for
writ of mandate in accordance with the provisions of Section 1094.5
of the Code of Civil Procedure within 60 days after the decision or
action has become final. The commission may intervene in any such
proceeding upon a showing that the matter involves a question of the
conformity of a proposed development with the certified local
protection program, or any component thereof, or the validity of any
action taken by a local government to implement or amend the local
protection program, or any component thereof. Any local government
may request that the commission intervene. Notice of any such action
against a local government shall be filed with the commission within
five working days of the filing of such action. When an action is
brought challenging the validity of the local protection program, or
any component thereof or any amendment thereto, a preliminary showing
shall be made prior to proceeding on the merits as to why such
action should not have been brought pursuant to the provisions of
Section 29602.

29604. Any person may maintain an action to enforce the duties
specifically imposed upon the commission, any governmental agency,
any district, or any local government by this division. No bond shall
be required for an action under this section.

29605. Any person may maintain an action for the recovery of civil
penalties provided in Section 29610 or 29611. Any penalties so
recovered shall inure to the state and shall be deposited in the Bay
Fill Clean-up and Abatement Fund established pursuant to Section
66647 of the Government Code. However, the person recovering such
penalties shall be entitled to reimbursement for reasonable attorney'
s fees out of the penalties so recovered.

29606. Any civil action under this division by or against a city or
county, the commission, a district, or any other public agency
shall, upon motion of either party, be transferred to a county or
city and county not a party to the action or to a county or city and
county other than that in which the city, district, or other public
agency which is a party to the action is located.