CHAPTER 6.
CLAIMS PRESENTATION PROCEDURES
Sections:
1-6.01 Scope of Coverage.
(a) Claims against the City or the Emeryville Redevelopment Agency for money, damages or refunds of money erroneously or illegally collected or paid which are exempted by California Government Code Section 905 from Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code and which are not governed by other statutes or regulations expressly related thereto, shall be governed by this chapter.
(Sec. 5 (part), Ord. 96-001, eff. March 19, 1996)
1-6.02 Procedure.
(a) The person who claims to be entitled to payment of money, damages or a refund, or his or her guardian, conservator, executor or administrator, shall present a written claim within the time provided for presentation of claims as set forth in California Government Code Section 911.2. Such claims shall be subject to the provisions of Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code to the extent that these provisions are not in conflict with this section.
(b) No order of a refund or a payment may be made until a written claim for such refund or payment has been presented to the City or the Emeryville Redevelopment Agency in accordance with this section. No suit for money, damages or a refund may be brought against the City or the Agency until the written claim has been acted upon by the City Council or the Agency Board in accordance with this section and Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code. Only the person who has filed the claim may bring a suit on the claim, and if another person does so, judgment shall be rendered for the defendant.
(Sec. 5 (part), Ord. 96-001, eff. March 19, 1996; Sec. 2, Ord. 03-001, eff. Feb. 20, 2003)