Chapter 3.04
CLAIMS AND DEMANDS
Sections:
3.04.020 Ratification of payment of demands.
3.04.040 Claims for money or damages.
3.04.010 Payment of demands.
Demands, before payment, shall be processed in accordance with the following procedure:
A. Demands other than payroll demands shall, before payment, be duly certified as follows:
1. By the department head of the department for whom the work was performed;
2. By the department head of the department of finance that such demands conform to the budgetary allowances set forth by the city council.
B. Payroll demands shall, before payment, be duly certified as follows: the department heads shall certify or approve departmental attendance or payroll records for employees in their departments. The director of administrative services shall certify attendance or payroll records for other officers and employees.
C. After demands have been certified in accordance with subsections A and B, the director of finance shall prepare warrants upon the funds of the city as authorized by the city council in appropriate budgetary and salary resolutions. For other than payroll warrants the director of administrative services shall indicate on each request for warrant or check, or purchase order, the fund from which the demand is to be paid and the purpose for which the demand is to be paid. The director of administrative services shall then transmit the prepared warrants or checks to the city treasurer and the mayor for signature. The signature of the mayor or treasurer, or both, may be affixed by a stamped facsimile. (Ord. 67 § 1, 1988; 1987 Code § 3.32.010)
3.04.020 Ratification of payment of demands.
The director of administrative services shall prepare for ratification by the city council at each regular city council meeting a register of demands, which shall represent all financial demands made upon the city from and after the date of the last register so prepared. Payroll demands shall be included in a separate portion of the register of demands. The director of administrative services shall attach thereto a declaration certifying the accuracy of the demands and the availability of the funds for payment thereof. (Ord. 67 § 1, 1988; 1987 Code § 3.32.020)
3.04.030 Refunds.
A. When not otherwise prohibited by law, the city manager is authorized to grant, grant in part, or deny a request for a refund of all or part of any fee collected pursuant to the municipal code. The request for refund shall be processed in accordance with the procedures of this section.
B. A written request for refund, signed by the person paying the fee or by the department head of the requesting department, shall be filed with the director of administrative services setting forth the facts and reasons which justify the request.
C. The director of administrative services shall investigate the request and forward a recommendation thereon to the city manager.
D. A refund may be granted for any of the following reasons:
1. The fee was paid under a mistake of law or fact;
2. The consideration for which the fee was paid has not been received and the city has no claim to the money;
3. It is inappropriate and inequitable to retain the fee, which in good conscience, equity and justice should be returned; or
4. A refund is necessary to prevent an extreme hardship upon the person paying the fee which hardship was not caused by the person requesting the refund.
E. Upon receipt of proper authorization, the city treasurer shall make the refund.
F. Any denial of a full refund may be appealed to the city council by filing a written appeal with the city clerk not later than 10 days after notice of the city manager’s decision. (Ord. 67 § 1, 1988; 1987 Code § 3.32.030)
3.04.040 Claims for money or damages.
A. This section is adopted pursuant to the authority of California Government Code Section 935.
B. Notwithstanding any exceptions contained in California Government Code Section 905, no action, suit, or proceeding for money or damages shall be brought against the city unless a claim therefor is first presented to the city as provided in this section.
C. All claims required by this section shall be filed no later than six months after the accrual of the cause of action, unless a greater time period is specifically authorized by California Government Code Section 911.2.
D. All claims filed under this section shall be filed, presented and acted upon in the manner prescribed by California Government Code Sections 910 through 915.2, inclusive, and city ordinances, resolutions, or policies relating to the filing, processing and payment of claims.
E. To the extent not otherwise prohibited by statute, this section shall apply to actions against any city officers or employees where the action against the officer or employee is barred because a claim has not been first presented to the city. (Ord. 196 § 1, 1994; Ord. 67 § 1, 1988; 1987 Code § 3.32.040)