Chapter 3.08
CLAIMS

Sections:

3.08.010    Applicability.

3.08.020    Requirement of presentation of claims.

3.08.030    Form of claim.

3.08.040    Claims for class actions.

3.08.050    Processing of claims.

3.08.060    Suit.

3.08.010 Applicability.

Pursuant to Government Code section 935, all claims against the City for money or damages, including 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.

(Ord. 2010-05, Repealed and Replaced, 04/20/2010)

3.08.020 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.

(Ord. 2010-05, Repealed and Replaced, 04/20/2010)

3.08.030 Form of claim.

All claims shall be filed with the City Clerk and made in writing on a claim form available from the City Clerk, and shall be signed by the claimant or by his or her guardian, conservator, executor or administrator. (Ord. 2010-05, Repealed and Replaced, 04/20/2010)

3.08.040 Claims for class actions.

No claim presented to the City on behalf of a class of persons shall be sufficient unless such claim is signed by every member of that class or by his or her guardian, conservator, executor or administrator.

(Ord. 2010-05, Added, 04/20/2010)

3.08.050 Processing of claims.

Claims shall be processed pursuant to state law and the procedures established by the City’s joint powers insurance agreements and third-party claims administrators.

(Ord. 2015-02, Amended, 06/02/2015; Ord. 2010-05, Added, 04/20/2010)

3.08.060 Suit.

Any action brought against the City or against any employee of the City upon any claim or demand shall conform to the requirements of Part 4 of Division 3.6 of Title 1 of the Government Code (commencing with Section 940 thereof) the California Government Code.

(Ord. 2010-05, Added, 04/20/2010)