(a)
Claims against the city for money, damages or refunds of money erroneously collected or paid which do not fall under Division 3.6 of Title 1 of the Government Code or are exempted by California Government Code Section 905 from Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code and which are not governed by other statutes or regulations expressly related thereto, shall be governed by this section.
(b)
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. Such claims shall be presented and processed as provided in 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 section.
(c)
No
order of a refund may be made until a written claim therefor has been
presented to the city in accordance with this section. No suit for
money, damages or a refund 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 section. Only the person who filed the claim may bring such
a suit and if another person should do so, judgment shall not be rendered
for the plaintiff.
(Ord. 1230 § 1, 1998)
