Chapter 3.24
CLAIMS AGAINST THE CITY1
Sections:
3.24.020 Claim presentation and requirements.
3.24.030 Further claim presentation procedures.
3.24.010 Form.
All claims or demands of every kind or nature against the city shall be made in writing and shall be itemized, giving names, dates, particular services rendered or work done, supplies or materials furnished and all other details necessary for a full consideration of the merit and legality of each such demand or claim. All such claims or demands shall be filed with the city manager and presented to the city council. All demands, other than for salaries or for services or materials arising from written contract or claims for money damages, must be approved by the city manager. [Ord. 1077 § 1, 1994; 1937 Code § 77.]
3.24.020 Claim presentation and requirements.
No suit for damages or money shall be brought against the city or any entity formed or controlled by the city (collectively “city”) or against any city officer, agent, employee, board member or commission member until a claim for such damages or money has been served upon such officer, agent, employee, board member or commission member by filing with the city clerk. All such claims must be presented within the time limits and in the manner prescribed by Sections 910 through 915.2 of the Government Code. Such claims are further subject to the provisions of Section 945.4 of the Government Code relating to the prohibition of suits in the absence of the presentation of claims and action by the city council. [Ord. 1077 § 1, 1994; 1937 Code § 78.]
3.24.030 Further claim presentation procedures.
The following claims or actions are required to be presented under the provisions of this chapter, notwithstanding the exemptions set forth in Section 905 of the Government Code:
A. Claims under the Revenue and Taxation Code or other statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification or adjustment of any tax, assessment, fee or charge or any portion thereof, or of any penalties, costs or charges related thereto. (Government Code Section 905(a));
B. Claims which relate to a special assessment constituting a specific lien against the property assessed and which are payable from the proceeds of such an assessment, by offset of a claim for damages against it or by delivery of any warrant or bonds representing it. (Government Code Section 905(h));
C. Claims by the state or by a state department or agency or by another local public entity. (Government Code Section 905(i));
D. Claims for the recovery of penalties or forfeitures made pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code. (Government Code Section 905(k));
E. Claims governed by the Pedestrian Mall Law of 1960, Part 1 (commencing with Section 11000) of Division 13 of the Streets and Highways Code. (Government Code Section 905(l)). [Ord. 1077 § 1, 1994.]
For statutory provisions regarding claims against public entities, see Government Code § 900 et seq., § 37201 et seq. and § 53910 et seq.