Chapter 3.48
CLAIMS AGAINST THE CITY*
Sections:
3.48.010 Claims for money or damages—Procedure.
* Prior legislation: Ord. 471-93.
3.48.010 Claims for money or damages—Procedure.
A. Claims against the city for money or damages which are exempted by Government Code Section 905 from Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the California Government Code, and which are not governed by any other statutes or regulations expressly related thereto, shall be governed by this chapter. A claim relating to such a cause of action shall be presented not later than one year after the accrual of the cause of action. Such claims shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the California Government Code insofar as said divisions are not in conflict with this chapter.
B. No suit for money or damages may be brought against the city until a written claim, verified by the person who claims to be entitled to be paid the money or damages, or who has paid the money sought to be refunded, or by the claimant’s guardian, conservator, or the executor or administrator of the claimant’s will or estate, has been presented to the city and has been acted upon or has been deemed to have been rejected by the city council, in accordance with this chapter. Any action brought against the city on such a claim shall be subject to the provisions of Sections 945.6 and 946 of the California Government Code.
C. Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the California Government Code, written agreements entered into by or in behalf of the city may provide all claims arising out of or related to the agreement must be presented not later than the one hundredth day after the accrual of the cause of action, and such claims shall be governed by the provisions of this chapter. (Ord. 620-2004 § 1 (part), 2004)
3.48.020 Claims for refund.
No order of refund may be made until a written claim therefor has been presented to the city in accordance with Section 3.48.010 or, if applicable, the Tort Claims Act (California Government Code Section 900 et seq.). Such claim shall be verified by the person who has paid the money sought to be refunded, by his or her guardian or conservator, or by the executor or administrator of his or her will or estate. No suit for money, damages, or a refund may be brought against the city until a written claim therefor has been presented to the city and has been acted upon or has been deemed to be rejected by the city council in accordance with Section 3.48.010 or the Tort Claims Act. Only the person who filed the claim may bring such a suit and, if another should do so, judgment shall not be rendered for the plaintiff. (Ord. 620-2004 § 1 (part), 2004)
3.48.030 Savings provision.
With respect to violations, rights accrued, liabilities incurred, or appeals taken prior to the effective date of this chapter under any provisions of the city’s ordinances in effect prior to the effective date of this chapter, all provisions of the city ordinances or any part thereof shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceeding, with respect to any such violation, right, liability or appeal. (Ord. 620-2004 § 1 (part), 2004)