Chapter 1.34
CLAIMS REQUIREMENTS
AND PROCEDURES

Sections:

1.34.010    Purpose and intent of claims regulations.

1.34.020    Claims requirement.

1.34.030    Claims procedures.

1.34.040    Time for presentation of claims.

1.34.050    Delegation.

1.34.060    Late claims.

1.34.010 Purpose and intent of claims regulations.

The purpose of this chapter is to require the filing of claims for matters which are specifically excluded under Government Code Section 905 and which are not governed by any other statutes or regulations expressly related thereto. Additionally, this chapter sets forth claims presentation, consideration and payment provisions applicable to, and to be incorporated by reference in, all written agreements entered into by the city. (See Government Code Sections 935 and 938). (Ord. 2772 § 1, 1999; Ord. 2293 § 1, 1989).

1.34.020 Claims requirement.

No suit shall be brought against the city unless a claim has been presented in writing and filed with the city of Chula Vista and acted upon by the city. (Ord. 2772 § 1, 1999; Ord. 2293 § 1, 1989).

1.34.030 Claims procedures.

Each claim filed pursuant to this chapter shall follow the requirements prescribed by Title 1, Division 3.6 of the California Government Code (commencing with Section 900, excluding Section 905). (Ord. 2772 § 1, 1999; Ord. 2293 § 1, 1989).

1.34.040 Time for presentation of claims.

A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented, in the manner provided in Article 2 (commencing with Section 915) of the California Government Code, not later than six months after the accrual of the cause of action.

B. Claims by the state or a state department or agency or by another local public entity for equitable indemnity or partial equitable indemnity shall be presented, in the manner provided in Article 2 (commencing with Section 915) of the California Government Code, not later than six months from the date the claimant is served with the complaint giving rise to the claimant’s claim for equitable indemnity or partial equitable indemnity.

C. A claim by a public employee for fees, salaries, wages, mileage or other expenses and allowances shall be presented, pursuant to Government Code Section 930.4, within six months of the accrual of the cause of action; or if a grievance procedure applicable to the claimant provides for submission of grievances regarding the payment of fees, salaries, wages, mileage or other expenses, such claim shall be presented, pursuant to Government Code Section 935, within the time specified in said grievance procedure.

D. A claim relating to any other cause of action shall be presented, in the manner provided in Article 2 (commencing with Section 915) of the California Government Code, not later than one year after the accrual of the cause of action. (Ord. 2772 § 1, 1999; Ord. 2293 § 1, 1989).

1.34.050 Delegation.

The functions of the city council required to be performed in considering and rejecting, approving, compromising or settling claims provided for by this chapter are hereby delegated to and shall be performed by the risk manager. The director of finance may cause a warrant to be issued upon the city treasury in the amount for which any such claim has been allowed, compromised or settled by the risk manager, provided such amount does not exceed $50,000. (Ord. 2772 § 1, 1999; Ord. 2293 § 1, 1989).

1.34.060 Late claims.

If claims required by this chapter to be submitted within a period of less than one year are not submitted within the stated time (see CVMC 1.34.040(A), (B) and (C)), an application may be made to the city to present such claim within one year of the accrual of the cause of action and in accordance with the requirements of Government Code Sections 930.4 and 935(e). (Ord. 2772 § 1, 1999; Ord. 2293 § 1, 1989).