The provisions of this article recognize that the general claims
procedures applicable to the City are governed by the provisions of
the Government Code, Chapters 1 and 2 of Division 3.6, commencing
with Section 900 et seq. The provisions of this article are enacted
pursuant to Government Code Section 935 and apply to all claims against
the City for money or damages, provided that such claims are not governed
by any other statutes or regulations.
(Ord. 554 § 3, 2019)
No suit subject to this article may be brought against the City
until a claim has been presented to and acted upon by the City, pursuant
to the provisions of Government Code Section 945.4. Any action brought
against the City on a claim after it has been presented to and acted
upon by the City is subject to the provisions of Government Code Sections
945.6 and 946.
(Ord. 554 § 3, 2019)
A claim must be presented to the City Clerk by the claimant
or by a person acting on the claimant's behalf and must show
all information as required by Government Code Section 910. The City
Manager, or designee, will review all claims for sufficiency of information.
The City Manager, or designee, may, within 20 days of receipt of a
claim, either personally deliver or mail to the claimant a notice
stating the deficiencies in the claim presented. If such notice is
delivered or sent to the claimant, the City will not act upon the
claim until at least 15 days after such notice is sent.
(Ord. 554 § 3, 2019)
Any claim specified in Section 1.16.030 of this article must be presented within the following time limitations pursuant to Government Code Section 911.2:
A.
Claims
relating to a cause of action for death, injury to person or to personal
property, or growing crops must be presented within six months after
the accrual of the cause of action.
B.
Claims
relating to any other cause of action must be presented within one
year after the accrual of the cause of action.
(Ord. 554 § 3, 2019)
Pursuant to Government Code Section 912.4, the City must act
on a claim within 45 days after the claim has been presented. By mutual
agreement of the claimant and the City, such 45-day period may be
extended by written agreement. If the claim is not acted on within
45 days, it is deemed to have been rejected on the 45th day unless
such time period has been extended, in which case it will be denied
on the last day of the period specified in the extension agreement.
(Ord. 554 § 3, 2019)
Any applicant who fails to file a claim within the time period required by Section 1.16.060 of this article may submit a written application to the City for leave to present a late claim, pursuant to the provisions of Government Code Section 911.4. The City will grant or deny the application to present a late claim within 45 days after it is presented to the City, in accordance with the provisions of Government Code Sections 911.6 through 912.2, inclusive.
(Ord. 554 § 3, 2019)
Nothing in this article revives or reinstates any cause of action
that, on the effective date of this article, is barred by failure
to comply with any previously applicable statute, ordinance, or regulation
requiring the presentation of a claim prior to a suit, or by failure
to commence any action thereon within the period prescribed by an
applicable statute of limitations.
(Ord. 554 § 3, 2019)
Subject to Section 1.16.090, the provisions of this article apply retroactively to any causes of action occurring prior to the effective date of the ordinance codified in this article.
(Ord. 554 § 3, 2019)
