Chapter 1.08
PROCEDURE AND LIMITATIONS PERIOD FOR FILING CLAIMS

Sections:

1.08.010    Authority.

1.08.020    Claims required.

1.08.030    Presentment of claims.

1.08.040    Form of claim.

1.08.050    Claim prerequisite to suit.

1.08.060    District action on claim.

1.08.010 Authority.

This chapter is enacted pursuant to California Government Code Section 935. (Ord. 125 § 1 (part), 2006)

1.08.020 Claims required.

All claims against the district for money, damages or tax or assessment refunds, not otherwise governed by the Tort Claims Act, California Government Code Sections 900, et seq., or any other law of the state of California (hereinafter “claims”) shall be governed by the provisions of this chapter. (Ord. 125 § 1 (part), 2006)

1.08.030 Presentment of claims.

Claims against the district governed by this chapter shall be presented not later than one year after the accrual of the claim. A tax or assessment refund claim shall be deemed to accrue as of the date of payment of the tax or assessment. (Ord. 125 § 1 (part), 2006)

1.08.040 Form of claim.

All claims shall be made in writing and verified by a claimant or by the claimant’s guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of the class. In addition, all claims shall contain the information required by California Government Code Section 910. Claims shall be made on a form provided by the district secretary and shall be filed with the district secretary. (Ord. 125 § 1 (part), 2006)

1.08.050 Claim prerequisite to suit.

All claims shall be presented as provided in this chapter and acted upon by the district board prior to the filing of any lawsuit or action on such claim, and no lawsuit or action shall be maintained by a person or entity that has not complied with this chapter. (Ord. 125 § 1 (part), 2006)

1.08.060 District action on claim.

The district board shall act to approve or deny a claim within forty-five days of its presentment as required under this chapter. Failure of the district board to act within the time required shall be deemed a denial of the claim. (Ord. 125 § 1 (part), 2006)