Chapter 1.28


1.28.010    Disputed claims for money or damages.

1.28.020    Claims required.

1.28.030    Claim prerequisite to suit.

1.28.040    Person presenting claim.

1.28.050    Contents of claim.

1.28.060    Legal actions.

1.28.010 Disputed claims for money or damages.

This chapter shall relate only to disputed obligations, claims and demands, setting forth the procedures for asserting such disputes or related lawsuits.

(Ord. 2119 § 2 (part), 12-09-02)

1.28.020 Claims required.

All claims against the city or any entity formed or controlled by the city (jointly and severally referred to in this chapter as "city") for money or damages not otherwise governed by the Tort Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this chapter, "claims") shall be presented within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter.

(Ord. 2119 § 2 (part), 12-09-02)

1.28.030 Claim prerequisite to suit.

In accordance with California Government Code Section 935(b), all claims shall be presented as provided in this chapter and acted upon by the city prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements of this chapter. If the city refuses or neglects to allow or reject a claim for forty-five days after it is filed with the city clerk, the claimant may treat such refusal or neglect as final action and rejection on the forty-fifth day.

(Ord. 2119 § 2 (part), 12-09-02)

1.28.040 Person presenting claim.

All claims shall be made in writing and verified 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 verified by every member of that class as required by this section. No city officer shall, except for his own service, present any claim, account or demand for allowance against the city, or in any way, except in the discharge of his official duty, advocate the relief asked in the claim or demand made by any other person. Any person may appear before the city council and oppose the allowance of any claim or demand made against the city.

(Ord. 2119 § 2 (part), 12-09-02)

1.28.050 Contents of claim.

A.    All claims shall contain the information required by California Government Code Section 910.

B.    A claim concerning a tax, assessment or fee directly or indirectly paid to the city shall also be accompanied by written records establishing the amount thereof and the person who made the payment.

(Ord. 2119 § 2 (part), 12-09-02)

1.28.060 Legal actions.

Any action brought against the city upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the city shall conform with the requirements of Sections 950-951 of the California Government Code.

(Ord. 2119 § 2 (part), 12-09-02)