Martin

1. Introduction

This is the second appeal involving a $500 code enforcement citation. John F. Martin was cited by the County of Riverside (County) for grading without a permit. After Martin received an unfavorable administrative decision in a code enforcement proceeding, he filed a petition for writ of mandate (Code Civ. Proc., §§ 1094.5, 1094.6) in the superior court. The superior court denied Martin’s writ petition but also offered its opinion that the correct procedure was to seek review by filing an appeal to be heard de novo by the superior court as provided by Government Code section 53069.4, subdivision (b)(1), and Riverside County Ordinance (RCO) No. 725, section 7.

In Martin’s first appeal to this court, we agreed with the superior court that the correct procedure for Martin to have followed was to seek a de novo appeal in the superior court. We also concluded we did not have jurisdiction to hear the appeal of a limited civil case and we transferred the case to the appellate division of the superior court. (Code Civ. Proc., §§ 85, 904.1, 904.2; Gov. Code, §§ 53069.4, subd. (b)(1), 68915.)

The appellate division then issued an opinion, concluding it did not…