Chapter 1.06
CLAIMS AND DEMANDS AGAINST THE CITY
Sections:
1.06.030 Application; Effective Date.
1.06.010 Purpose and Intent.
The Government Claims Act (Government Code Section 810 et seq.) provides that no suit for money or damages may be brought against the City unless a claim has been timely presented to the City. The general claim procedures are governed by the provisions of Chapter 1 of Division 3.6 of the Government Code of the State, commencing with Section 900 and following, which also provide that local ordinances shall govern those claims which are excluded by the Act and which are not expressly governed by another State statute.
The time periods and procedures for presenting a claim set forth in this chapter are intended to apply to all claims excluded by the Act or, not expressly governed by statute, including claims which currently exist, whether or not they have been presented to the City. This chapter is not intended to extinguish existing claims without providing a reasonable period for the presentation of those claims. (Ord. 2013-11 § 1, 2013; Ord. 96-30 § 1 (part), 1996)
1.06.020 Claims Against City.
A. All claims and demands against the City for damages or money, which are not governed by any other statute or regulation expressly related thereto, including those claims exempted by Government Code Section 905, shall be presented within the time and in the manner prescribed by Part 3 of Division 3.6 of Title 1 (Section 900 et seq.) of the Government Code.
B. All claims or demands against the City shall be made in writing and filed with the City Clerk. All claims shall be signed by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless signed by every member of that class as required by this subsection.
C. In accordance with Government Code Sections 935 (b) and 945.4, all claims shall be presented as provided in this section prior to the filing of suit on such claims. (Ord. 96-30 § 1 (part), 1996)
1.06.030 Application; Effective Date.
As of the effective date of the ordinance codified in this chapter, the provisions of this chapter shall be applicable to any claim described in this chapter which is not otherwise time-barred. If the application of the time periods established by this chapter would extinguish an existing claim which is not otherwise time-barred, then the date by which that claim must be presented to the City shall be the sooner of:
A. The date any applicable claims period would have expired; or
B. Six months after the effective date of the ordinance codified in this chapter for claims described in the first sentence of Government Code Section 911.2 or one year after the effective date of the ordinance codified in this chapter for claims described in the second sentence of that section. Nothing in this chapter shall be construed to extend the time for the presentation of any claim which time was established by statute, ordinance, or other law in effect, prior to the adoption of the ordinance codified in this chapter. (Ord. 96-30 § 1 (part), 1996)
1.06.040 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason, held to be invalid or unenforceable, such decision shall not affect the validity or enforceability of the remaining portions of this chapter. The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared invalid or unenforceable. (Ord. 96-30 § 2, 1996)