Chapter 1.15
PRESENTATION OF CLAIMS
Sections:
1.15.020 Requirement of presentation of claims.
1.15.030 Claims for class actions.
1.15.040 Exhaustion of remedies.
1.15.010 Applicability.
Pursuant to Government Code Section 935, and in accordance with Article XIII of the California Constitution, all claims against the city for money or damages, including disputes involving taxes, fees, assessments and other charges imposed by the city, and claims otherwise made exempt by Government Code Section 905 from the claims presentation requirements of Government Code Section 810 et seq. (the “Claims Act”) shall be presented within the time limitations and in the manner prescribed by Part 3 of Division 3.6 of Title 1 of the Government Code (commencing with Section 900 thereof), as those provisions now exist or shall hereafter be amended, and as further provided by this chapter. (Ord. 1141 § 2 (part), 2011)
1.15.020 Requirement of presentation of claims.
No legal action for money or damages shall be brought against the city or its officials or employees arising out of the course and scope of their duties unless a written claim therefor has first been timely presented to the city and has been either denied by the city or deemed to have been denied by the city, in accordance with the Claims Act. All claims shall state under penalty of perjury the specific grounds under which the claim is founded, and shall include any written records establishing the claimant’s entitlement to the amount claimed or a statement that no such records exist. (Ord. 1141 § 2 (part), 2011)
1.15.030 Claims for class actions.
No claim presented to the city on behalf of a class of persons shall be sufficient unless such claim is verified by every member of that class or by his or her guardian, conservator, executor or administrator. Notwithstanding the foregoing, class actions shall not be allowed in any case challenging a city tax, fee, assessment or any other charge imposed by the city. (Ord. 1141 § 2 (part), 2011)
1.15.040 Exhaustion of remedies.
Prior to seeking judicial relief with respect to a dispute regarding a tax, fee, assessment or other charge imposed by the city, an aggrieved taxpayer, fee payer or any other party must first: exhaust any administrative remedies specified by any other provision of this code or applicable law; pay the full amount owed, including penalties and interest; and present a claim for refund as required by this chapter, the Government Claims Act, Government Code Section 910 et seq. and any other applicable law. (Ord. 1141 § 2 (part), 2011)