Chapter 1.24


1.24.010    Scope of chapter.

1.24.020    Claim procedures.

1.24.030    Refunds—Litigation.

*    Prior ordinance history: Ord. 93-002.

1.24.010 Scope of chapter.

This chapter shall govern all claims against the city for money or damages (including but not limited to claims for refunds of taxes, fees or assessments imposed by the city) which do not fall under the California Governmental Claims Act (Government Code, Title 1, Division 3.6) or are exempted by Government Code Section 905 from the Act’s claim filing procedures (Government Code, Title 1, Division 3.6, Part 3, Chapters 1 and 2), and which are not governed by other statutes or regulations expressly relating thereto. This chapter is enacted pursuant to the authority granted by Government Code Section 935. (Ord. 97-004 § 1 (part))

1.24.020 Claim procedures.

All claims for money or damages against the city shall be presented to the city clerk or the city clerk’s designee. A written claim, 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, or by his or her guardian or conservator or the executor or administrator of his or her will or estate, shall be presented within one year after the accrual of the cause of action underlying the claim for money or damages or after the payment of the amount sought to be refunded, whichever comes first. Such claims shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code insofar as said provisions are not in conflict with this chapter. Class claims shall not be permitted. (Ord. 97-004 § 1 (part))

1.24.030 Refunds—Litigation.

No order of a refund may be made until a written claim therefor has been presented to the city in accordance with this chapter. No action or proceeding seeking money or damages may be brought against the city until a written claim therefor has been presented to the city and has been acted upon or has been deemed to be rejected by the city in accordance with this chapter. Only the person who filed the claim may bring such an action or proceeding; and if another person should do so, judgment shall not be rendered for the plaintiff. Class claims shall not be permitted. (Ord. 97-004 § 1 (part))