Chapter 2.38
CLAIMS AGAINST THE CITY
Sections:
2.38.010 Claims for money or damages – Procedure.
2.38.020 Rejection and settlement of claims by city manager.
2.38.030 Action by city council or city manager.
2.38.040 Filing of claim as a prerequisite to lawsuit.
2.38.010 Claims for money or damages – Procedure.
Any claim against the city for money, damages, or a refund that is excepted by Section 905 of the Government Code from the claims presentation requirements of the Tort Claims Act, and which is not governed by other statutes or ordinances expressly relating thereto, shall be governed by this chapter. Any person pursuing such a claim must file a claim with the city clerk, and the claim must conform to the following requirements:
A. It shall be in writing.
B. It shall contain the name and post office address of the claimant.
C. It shall be verified by the person who claims to be entitled to be paid the money or damages or who has paid the money sought to be refunded, except that it can be verified by the claimant’s guardian, conservator, or the executor or administrator of his or her will or estate.
D. It shall state the date, place, and circumstance of the occurrence or transaction giving rise to the claim and a general description of the indebtedness, obligation, or injury so far as it may be known. If the claim is seeking a refund of a tax, fee, or assessment, the claim shall state whether the payment or payments of the tax, fee, or assessment were made to the city directly or to another entity collecting the tax, fee, or assessment on behalf of the city.
E. It shall state the total amount of the claim, together with the basis for computation of the amount claimed.
F. It shall be filed with the city clerk not later than one year after the accrual of the cause of action of the underlying claim. [Ord. 10-2003 § 1].
2.38.020 Rejection and settlement of claims by city manager.
Pursuant to Section 935.4 of the Government Code, the city manager is authorized to perform those functions of the city council under Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code, commencing with Section 910 of the Government Code, relating to presentation and consideration of claims. The city manager is further authorized to allow, compromise or settle a claim against the city if the amount to be paid does not exceed $50,000. [Ord. 1-2014 § 4; Ord. 10-2003 § 2].
2.38.030 Action by city council or city manager.
The city council shall take action upon a claim submitted pursuant to RCMC 2.38.010 within 45 days of its filing with the city clerk. If the city council fails to do so, the demand or claim shall be deemed to have been rejected on the last day of the period within which the city council or city manager was required to act. Action by the city council or city manager shall otherwise be subject to the provisions of Section 912.4 of the Government Code. [Ord. 10-2003 § 3].
2.38.040 Filing of claim as a prerequisite to lawsuit.
No lawsuit may be brought against the city on any cause of action for which a claim must be filed under RCMC 2.38.010 until the claim has been filed with the city clerk as required by this chapter and has been acted upon by the city council, the city manager or has been deemed to have been rejected. Any action brought against the city on such a claim shall be subject to the provisions of Sections 945.6 and 946 of the Government Code. Only the person who filed the claim may bring such a lawsuit, and if another person should do so judgment shall not be rendered for the plaintiff. [Ord. 10-2003 § 4].
2.38.050 Written agreements.
Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the Government Code, commencing with Section 930 of the Government Code, written agreements entered into by or in behalf of the city of Rancho Cordova may provide that all claims arising out of or related to the agreement must be presented not later than six months after the accrual of the cause of action, and that such claims shall be governed by the provisions of this chapter. [Ord. 10-2003 § 5].