Chapter 1.10 CLAIMS PRESENTATION REQUIREMENTS

Chapter 1.10
CLAIMS PRESENTATION REQUIREMENTS

Sections:

1.10.030 Claims arising out of written agreements.

1.10.010 Claims against the City.

Claims against the city for money, damages or a refund which are exempted by Government Code Section 905, as the same now exists or may be hereinafter amended, and which are not governed by any other statutes or ordinances expressly related thereto, shall be governed by this chapter. Except as provided in Section 1.10.030, a claim relating to such a cause of action shall be presented not later than one year after the accrual of the cause of action. Such claims shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code, as the same now exists or may hereinafter be amended, insofar as such provisions are not in conflict with this chapter.

(Ord. 1678, Added, 12/11/2002)

1.10.020 Prerequisite to lawsuit.

No lawsuit may be brought against the City or any officer, employee, board, commission or authority of the City, until a written claim has been presented to the City Council and has been acted upon or has been deemed to have been rejected by the City Council, in accordance with this chapter. Any action on such a claim brought against the City or any officer, employee, board, commission or authority of the City, shall be subject to the provisions of Sections 945.6 and 946 of the Government Code. Except as otherwise provided by statute or ordinance, only the person who filed the claim may bring such a lawsuit, and no claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this chapter.

(Ord. 1747, Amended, 09/06/2005; Ord. 1678, Added, 12/11/2002)

1.10.030 Claims arising out of written agreements.

Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the Government Code, as the same now exists or may hereinafter be amended, written agreements entered into by or on behalf of the City, or a board, commission or authority of the City, may provide that all claims arising out of or related to the agreement must be presented within the time period specified in the agreement, but in no event later than six months after the accrual of the cause of action, and such claims shall be governed by the provisions of this chapter.

(Ord. 1678, Added, 12/11/2002)