§ 12-4-23. Judicial review.

(a)

Any person aggrieved by a decision of the commission entered pursuant to section 12-4-18(f) or 12-4-21 may have the decision reviewed by a court of competent jurisdiction. A review proceeding shall be instituted by filing with the court a petition for review naming the commission as respondent. A copy of the petition shall be served upon the city attorney in accordance with Virginia Code § 8.01-300, who shall represent the commission in the review proceeding. No petition for review may be filed more than 30 days after the date of service of the decision of which review is sought.

(b)

The court, on motion of the petitioner, may issue a writ of certiorari requiring the agency to transmit the record of the proceeding before the commission on or before a certain date.

(c)

The court, sitting without a jury, shall hear the appeal on the record transmitted by the commission and any additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice require.

(d)

The court may affirm the decision of the commission or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the determination, findings of fact or conclusions of law set out in the commission's decision are:

(1)

in violation of constitutional provisions;

(2)

in excess of legal authority or jurisdiction of the commission;

(3)

made upon unlawful procedure;

(4)

affected by other error of law;

(5)

unsupported by the evidence on the record considered as a whole; or

(6)

arbitrary, capricious, or an abuse of discretion.

(e)

The filing of a petition shall not operate to stay an application to the court under section 12-4-24 for the enforcement of the order. If an application has been made to the court for enforcement of the order, the petitioner, at any time after the filing of his or her petition, may move the court for a stay of enforcement. The motion shall be made after notice to the commission, and a stay pending the review shall be granted unless it appears to the court that immediate enforcement of the order is essential to the public health or safety. In the order granting a stay, the court may make any provision required to serve the ends of justice. (Code 1963, Sec. 18A-23; Ord. No. 3128, 5/17/86, Sec. 9; Ord. No. 3850, 3/23/96, Sec. 13; Ord. No. 4549, 6/14/08, Sec. 19; Ord. No. 5126, 4/14/18, Sec. 1)