Chapter 2.64
CLAIMS AGAINST THE CITY
Sections:
2.64.010 State provisions—Applicability of chapter.
2.64.020 Presentation of claims—Prerequisite for bringing suit.
2.64.030 Authority of city manager.
2.64.040 Contents of claim—Review of sufficiency.
2.64.050 Time limitation for presentation of claims.
2.64.060 Time for action by city.
2.64.070 Application to file a late claim.
2.64.090 Effective date of chapter.
2.64.010 State provisions—Applicability of chapter.
The provisions of this chapter recognize that the general claims procedures applicable to the city are governed by the provisions of the California Government Code, Chapters 1 and 2 of Division 3.6, commencing with Section 900 and following. The provisions of this chapter are enacted pursuant to Government Code Section 935 and shall apply to all claims against the city for money or damages; provided, that such claims are not governed by any other statutes or regulations. (Ord. 04-12 § 2 (part))
2.64.020 Presentation of claims—Prerequisite for bringing suit.
No suit subject to this chapter may be brought against the city until a claim has been presented to and acted upon by the city, pursuant to the provisions of Government Code Section 945.4. Any action brought against the city on a claim after it has been presented to and acted upon by the city shall be subject to the provisions of Government Code Sections 945.6 and 946. (Ord. 04-12 § 2 (part))
2.64.030 Authority of city manager.
The city council delegates authority to the city manager, or his or her designee, to review all claims for sufficiency and to reject any and all claims. The city council delegates to the city manager authority to allow, compromise, or settle claims for an amount up to ten thousand dollars ($10,000) pursuant to Government Code Section 935.4. (Ord. 04-12 § 2 (part))
2.64.040 Contents of claim—Review of sufficiency.
A claim shall be presented to the city clerk in writing and shall be verified by the claimant or by his or her guardian, conservator, executor or administrator and shall show all information as required by Government Code Section 910. The foregoing reference to Government Code Section 910 shall not be construed to authorize a class claim and no claim may be filed on behalf of a class of persons unless verified by every member of the class. The city manager, or his or her designee, shall review all claims for sufficiency of information. The city manager, or his or her designee, may, within twenty (20) days of receipt of a claim, either personally deliver or mail to claimant a notice stating deficiencies in the claim presented. If such notice is delivered or sent to claimant, the city shall not act upon the claim until at least fifteen (15) days after such notice is sent. (Ord. 12-06 § 1: Ord. 04-12 § 2 (part))
2.64.050 Time limitation for presentation of claims.
Any claim specified in Section 2.64.010 of this chapter shall be presented within the following time limitations pursuant to Government Code Section 911.2:
A. Claims relating to a cause of action for death, injury to person or to personal property, or growing crops shall be presented within six months after the accrual of the cause of action.
B. Claims relating to any other cause of action shall be presented within one year after the accrual of the cause of action. (Ord. 04-12 § 2 (part))
2.64.060 Time for action by city.
Pursuant to Government Code Section 912.4, the city council or city manager or his or her designee shall act on a claim within forty-five (45) days after the claim has been presented. By mutual agreement of the claimant and the city council or city manager or his or her designee, such forty-five (45) day period may be extended by written agreement. If the claim is not acted on within forty-five (45) days, it shall be deemed to have been rejected on the forty-fifth day unless such time period has been extended, in which case it shall be denied on the last day of the period specified in the extension agreement. (Ord. 04-12 § 2 (part))
2.64.070 Application to file a late claim.
Any applicant who fails to file a claim within the time period required by Section 2.64.060 of this chapter may submit a written application to the city for leave to present a late claim, pursuant to the provisions of Government Code Section 911.4. The city manager, or his or her designee, shall grant or deny the application to present a late claim within forty-five (45) days after it is presented to the city, in accordance with the provisions of the Government Code Sections 911.6 through 912.2, inclusive. (Ord. 04-12 § 2 (part))
2.64.080 Time barred claim.
Nothing in this chapter revives or reinstates any cause of action that, on the effective date of the ordinance codified in this chapter is barred by failure to comply with any previously applicable statute, ordinance, or regulation requiring the presentation of a claim prior to a suit subject to this chapter, or by failure to commence any action thereon within the period prescribed by an applicable statute of limitations. (Ord. 04-12 § 2 (part))
2.64.090 Effective date of chapter.
Subject to Section 2.64.080, the provisions of this chapter shall apply retroactively to any causes of action occurring prior to the effective date of ordinance codified in this chapter. (Ord. 04-12 § 2 (part))