Chapter 1.15
CLAIMS AGAINST THE CITY
Sections:
1.15.020 Presentation of claims – Prerequisite for bringing suit.
1.15.030 Contents of claim – Review of sufficiency.
1.15.040 Claim prerequisite to suit.
1.15.050 Exhaustion of administrative remedies.
1.15.070 Effective date of the ordinance codified in this chapter.
1.15.010 Authority.
The ordinance codified in this chapter is enacted pursuant to Section 935 of the California Government Code. [Ord. 5-2011 §1, eff. 3-11-2011]
1.15.020 Presentation of claims – Prerequisite for bringing suit.
All claims against the City for money or damages not otherwise governed by the Government Claims Act, California Government Code Section 900 et seq., or another State law (hereinafter in this section, “claims”) shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this section, except that neither the rule of Section 911 nor the rule of Section 911.3 is adopted and neither shall apply, as those provisions now exist or shall hereafter be amended. [Ord. 5-2011 §1, eff. 3-11-2011]
1.15.030 Contents of claim – Review of sufficiency.
A claim shall be made in writing and presented to the City Clerk by the claimant or by a person acting on the claimant’s behalf. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. All claims shall contain the information required by California Government Code Section 910. The City Manager, or his or her designee, shall review all claims for sufficiency of information. In accordance with California Government Code Section 910.8, the City Manager, or his or her designee, may, within twenty (20) days of receipt of a claim, either personally deliver or mail to the claimant a notice stating the deficiencies in the claim presented. If such notice is delivered or sent to the claimant, the City shall not act upon the claim until at least fifteen (15) days after such notice is sent. [Ord. 5-2011 §1, eff. 3-11-2011]
1.15.040 Claim prerequisite to suit.
A. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the City prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of this section.
B. Any action brought against the City upon any claim or demand shall conform to the requirements of Sections 940 through 949 of the California Government Code. Any action brought against any employee of the City shall conform with the requirements of Sections 950 through 951 of the California Government Code. [Ord. 5-2011 §1, eff. 3-11-2011]
1.15.050 Exhaustion of administrative remedies.
Prior to seeking judicial relief with respect to a dispute regarding a tax, fee or other charge imposed by the City, any person directly aggrieved shall: A) exhaust any administrative remedies specified by any other provision of the Elk Grove Municipal Code or other applicable law, B) pay the full amount owed the City, including applicable penalties and interest, and C) present a claim for refund as required by any or all of this chapter; the Government Claims Act, Government Code Section 910 et seq.; and other applicable law. [Ord. 5-2011 §1, eff. 3-11-2011]
1.15.060 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, or by failure to commence any action thereon within the period prescribed by an applicable statute of limitations. [Ord. 5-2011 §1, eff. 3-11-2011]
1.15.070 Effective date of the ordinance codified in this chapter.
The provisions of this chapter shall apply retroactively to any causes of action occurring prior to the effective date of the ordinance codified in this chapter. [Ord. 5-2011 §1, eff. 3-11-2011]