Chapter 1.04
CLAIMS AGAINST THE CITY
Sections:
1.04.010 Claims against the City.
1.04.010 Claims against the City.
A. To the extent that the law of the State of California, including but not limited to that portion of the “Government Claims Act” (also known as the “Tort Claims Act” and referred to in this section as “the Act,” Cal. Gov’t Code § 900 et seq.) dealing with claims, sets forth a procedure applicable to claims against local public entities (including the City) and the officers and employees of such local public entities, such State laws shall govern the requirement for, and the procedure for disposing of, ordinances of the City.
B. To the extent that a person is not obligated to file a claim by the terms of the Act or other State law, no person shall bring any action, whether in law or equity, for the payment of any money by the City, its officers or employees, for any reason or upon any cause of action whatsoever without first having presented a claim pursuant to this section. It is the intent of this section that, to the fullest extent permitted by law, all actions against the City for money, whether for damages or otherwise, shall be preceded by an administrative claim.
C. Except as otherwise provided in this section, the required content of the claims required by this section, the time period in which to present such a claim and the procedure for payment of claims, rejection of claims, and notice of insufficiency of claims shall be governed by the Act.
D. Claims for refunds of taxes, penalties or costs (referred to jointly as “taxes” for purposes of this subsection) shall be made as provided in subsections B and C of this section, except that:
1. Claims for refunds of taxes may be made in the following circumstances:
a. Where the taxes were paid more than once, or erroneously or illegally collected.
b. Where the taxes were paid upon an assessment in excess of the actual cash value of the assessed property, by reason of the assessor’s clerical error or excessive or improper assessments attributable to erroneous property information supplied by the assessor.
c. Where the taxes are paid on an assessment of improvements when the improvements did not exist on the lien date.
2. Claims for refunds of taxes must be filed with the City Clerk not later than one (1) year after making the payment sought to be refunded. All claims shall be verified by the claimant under penalty of perjury.
Claims for refunds of taxes may be made only by a person who has paid the tax alleged to be improper. [Ord. 07-002; City Code § 2.31.]
1.04.020 Procedures.
A. Pursuant to the authority contained in Cal. Gov’t Code § 935, the following claims procedures are established for those claims against the City for money or damages not now governed by State or local laws.
B. Notwithstanding the exceptions contained in Cal. Gov’t Code § 905, all claims against the City for damages or money, including but not limited to those set forth in Cal. Gov’t Code § 905, when a procedure for processing such claims is not otherwise provided by State or local laws, shall be presented within the time limitations and in the manner prescribed by Cal. Gov’t Code §§ 910 through 915.2. Such claims shall further be subject to the provisions of Cal. Gov’t Code § 945.4 relating to the prohibition of suits in the absence of the presentation of claims and claims and actions thereon by the Council. [Ord. 9301; Ord. 07-002; City Code § 2.32.]