Chapter 1.06
CLAIMS AND DEMANDS AGAINST THE CITY

Sections:

1.06.010    Purpose and Intent.

1.06.020    Claims Against City.

1.06.010 Purpose and Intent.

The Government Claims Act (California 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 California Government Code, Title 1, Division 3.6, Part 3, commencing with Section 900, 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. 2023-22 § 17, 2023; 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 California Government Code Section 905, shall be presented within the time and in the manner prescribed by California Government Code, Title 1, Division 3.6, Part 3 (Section 900 et seq.).

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 the claimant’s guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless signed by the representative claimant along with sufficient information to ascertain the class itself.

C.    In accordance with California 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. 2023-22 § 18, 2023; Ord. 96-30 § 1 (part), 1996)