CHAPTER 1.18
CLAIMS AGAINST CITY

1.18.010 Claims for money or damages; procedure.

Any claim against the city for money, damages, or a refund that is excepted by Section 905 of the Government Code from the claims presentation requirements of the Tort Claims Act, and which is not governed by other statutes or ordinances expressly relating thereto, shall be governed by this chapter. Such claims shall be filed with the city clerk not later than one year after the accrual of the cause of action of the underlying claim. Any person pursuing such a claim must file a claim with the city clerk, and the claim must conform to the requirements of Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code and shall be in writing on a form prescribed by the city. (Ord. 2169 NCS §1 (part), 2003.)

1.18.020 Action by city.

The city shall process and take action upon a claim submitted pursuant to this chapter, pursuant to the requirements of Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code, within forty-five days of its filing with the city clerk. If the city fails to do so, the demand or claim shall be deemed to have been rejected on the last day of the period within which the city was required to act. Action by the city shall otherwise be subject to the provisions of Section 912.4 of the Government Code. The city manager and city risk manager are authorized to perform these functions relating to consideration of claims. The city manager is also authorized to allow, compromise or settle a claim against the city if the amount is twenty thousand dollars or less. (Ord. 2177 NCS §1, 2004: Ord. 2169 NCS §1 (part), 2003.)

1.18.030 Filing of claim as a prerequisite to lawsuit.

No lawsuit may be brought against the city on any cause of action for which a claim must be filed under this chapter until the claim has been filed with the city clerk as required by this chapter and has been acted upon by the city or has been deemed to have been rejected. Any action brought against the city on such a claim shall be subject to the provisions of Sections 945.6 and 946 of the Government Code. Only the person who filed the claim may bring such a lawsuit, and if another person should do so, judgment shall not be rendered for the plaintiff. (Ord. 2169 NCS §1 (part), 2003.)

1.18.040 Written agreements.

Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the Government Code, commencing with Section 930 of the Government Code, written agreements entered into by or on behalf of the city may provide that all claims arising out of or related to the agreement must be presented not later than six months after the accrual of the cause of action, and that such claims shall be governed by the provisions of this section. (Ord. 2169 NCS §1 (part), 2003.)