The purpose of this title is to establish claims procedures for all claims for money or damages against the district which are excepted by Section 905 of the Government Code of the state of California from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code of the state of California and which are not governed by any other statutes or regulations expressly relating thereto.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
The title is enacted pursuant to the authority of Section 935 of the Government Code of the state of California and is intended to cover all claims against the district for money or damages for which said section permits the district to prescribe procedures.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
For the purpose of computing the time limits prescribed by Sections 8.20.040 and 8.20.050, the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limitations which would be applicable thereto if there were no requirement that a claim be presented to and be acted upon by the district before an action could be commenced thereon. However, the date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which a defendant is served with the complaint giving rise to the defendant's claim for equitable indemnity or partial equitable indemnity against the district.
(Ord. 142, 1974; Ord. 144 §1, 1974; Ord. 247 §1, 1984; Amended during January 1991 supplement)
Nothing in this part imposes liability upon the district unless such liability otherwise exists.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
Except as provided in Sections 946.4 and 946.6 of the Government Code of the state of California, no suit for money or damages may be brought against the district upon any cause of action exempted by Section 905 of the Government Code of the state of California from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code of the state of California, and which is not governed by any other statutes or regulations relating expressly thereto, until a written claim therefor has been presented to the district in accordance with the provisions of this title and has been acted upon by the board of directors or has been deemed to have been rejected by the board of directors in accordance with Section 8.20.090.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
A claim shall be presented by the claimant or by a person acting on his behalf and shall show:
(1) 
The name and post office address of the claimant;
(2) 
The post office address to which the person presenting the claim desires notices to be sent;
(3) 
The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted;
(4) 
A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim;
(5) 
The name or names of the district agent(s) or employee(s) causing the injury, damage, or loss, if known; and
(6) 
The amount claimed if it totals less than ten thousand dollars as of the date of presentation of the claim, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars, no dollar amount shall be included in the claim. However, it shall indicate whether jurisdiction over the claim would rest in municipal or superior court.
(Ord. 142, 1974; Ord. 144 §1, 1974; Ord. 276 §1, 1988; Amended during January 1991 supplement)
The claim shall be signed by the claimant or by some person on his behalf.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
(a) 
If in the opinion of the board of directors or the person designated by it a claim as presented fails to comply with the requirements of Section 8.20.010 or 8.20.020, the board of directors or such person may, at any time within twenty days after the claim is presented, give written notice of its insufficiency, stating with particularly the defects or omissions therein.
(b) 
Such notice, if given, shall be given in the manner prescribed in Section 8.20.150.
(c) 
The board of directors may not take action on the claim for a period of fifteen days after such notice is given.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Sections 8.20.130 and 8.20.140 not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented as provided in Section 8.20.130 and 8.20.140 not later than one year after accrual of the cause of action.
(Ord. 142, 1974; Ord. 144 §1, 1974; Ord. 276 §2, 1988; Amended during January 1991 supplement)
When a claim that is required by Section 8.20.040 to be presented not later than six months or one year after accrual of the cause of action is presented after such time without the application provided for in Section 8.20.050, the board or its designee, may at any time within forty-five days after the claim is presented, give written notice to the person who presented the claim that the claim was not filed timely and that it is being returned without further action. The notice shall be in substantially the following form:
The claim you presented to the Marin Municipal Water District is being returned because it was not presented within the time required by law. See MMWD Code Sections 8.20.040 and 8.20.045. Because the claim was not presented within the time allowed by law, no action was taken on the claim.
The only possible recourse you may have is to apply without delay to the Marin Municipal Water District for leave to present a late claim. See MMWD Code Sections 8.20.050 to 8.20.080, inclusive, and Government Code Section 946.6. No determination has been made as to whether you have grounds for such an application or whether such application could not be made within relevant time limits. However, the Marin Municipal Water District has authority to, and will under some circumstances, grant leave to present a late claim to an applicant who timely presents such an application. See MMWD 8.20.060.
(Ord. 333 §4, 1992; amended during January 1991 supplement; Ord. 276 §3, 1988; Ord. 247 §2, 1984)
(a) 
When a claim that is required by Section 8.20.040 to be presented not later than six months after accrual of the cause of action is not presented within such time, a written late claim application may be made to the district for leave to present such a claim.
(b) 
The late claim application shall be presented to the district as provided in Section 8.20.130 and 8.20.140 within a reasonable time not to exceed one year after accrual of the cause of action and shall state the reason for the delay in presenting the claim. The proposed claim shall be attached to the late claim application. In computing the one-year period under this section, time during which the person who sustained the alleged injury, damage or loss is a minor shall be counted, but the time during which he is mentally incapacitated and does not have a guardian or a conservator of his person shall not be counted.
(Ord. 142, 1974; Ord. 144 §1, 1974; Ord. 276 §4, 1988; Amended during January 1991 supplement)
(a) 
The board of directors shall grant or deny the late claim application within forty-five days after it is presented to the district. If the board of directors does not act upon the application within forty-five days after the application is presented, the application shall be deemed to have been denied on the forty-fifth day.
(b) 
The board of directors shall grant the application where one or more of the following is applicable:
(1) 
The failure to present the claim was through mistake, inadvertence, surprise or excusable neglect and the district was not prejudiced by the failure to present the claim within the time specified in its defense of the claim in Section 8.20.040; or
(2) 
The person who sustained the alleged injury, damage or loss was a minor during all of the time specified in Section 8.20.040 for the presentation of the claim; or
(3) 
The person who sustained the alleged injury, damage or loss was physically or mentally incapacitated during all of the time specified in Section 8.20.040 for the presentation of the claim and by reason of such disability failed to present a claim during such time; or
(4) 
The person who sustained the alleged injury, damage or loss died before the expiration of the time specified in Section 8.20.040 for the presentation of the claim.
(Ord. 142, 1974; Ord. 144 §1, 1974; Ord. 276 §5, 1988; Amended during January 1991 supplement)
Written notice of the board of directors' action upon the late claim application shall be given in the manner prescribed in Section 8.20.150. If the application is denied, the notice shall include a warning in substantially the following form:
WARNING
If you want to file a court action on this matter, you must first petition the appropriate court for an order relieving you from the provisions of Section 8.10.050 (claims presentation requirement). See Government Code Section 946.6. Such petition must be filed with the court within 6 months from the date your application for leave to present a late claim was rejected. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.
(Ord. 142, 1974; Ord. 144 §1, 1974; Ord. 247 §3, 1984; Amended during January 1991 supplement)
If a late claim application for leave to present a claim is granted by the board pursuant to Section 8.20.060 the claim shall be deemed to have been presented to the board of directors upon the day that leave to present the claim is granted.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
(a) 
The board of directors shall act on a claim in the manner provided in Section 8.20.100 within forty-five days after the claim has been presented.
(b) 
The claimant and the board of directors may extend the period within which the board of directors is required to act on the claim by written agreement made:
(1) 
Before the expiration of such period; or
(2) 
After the expiration of such period if an action based on the claim has not been commenced and is not yet barred by the period of limitations provided in Section 945.6 of the Government Code of the state of California.
(c) 
If the board of directors fails or refuses to act on a claim within the time prescribed by this section, the claim shall be deemed to have been rejected by the board of directors on the last day of the period within which the board of directors was required to act upon the claim. If the period within which the board of directors is required to act is extended by agreement pursuant to this section, whether made before or after the expiration of such period, the last day of the period within which the board of directors is required to act shall be the last day of the period specified in such agreement.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
The board of directors may act on a claim in one of the following ways:
(1) 
If the board of directors finds the claim is not a proper charge against the district, it shall reject the claim.
(2) 
If the board of directors finds the claim is a proper charge against the public entity and is for an amount justly due, it shall allow the claim.
(3) 
If the board finds the claim is a proper charge against the district, but is for an amount greater than is justly due, it shall either reject the claim or allow it in the amount justly due and reject it as to the balance.
(4) 
If legal liability of the district or the amount justly due is disputed, the board of directors may reject the claim or may compromise the claim.
(5) 
If the board of directors allows the claim in whole or in part or compromises the claim, it may require the claimant, if he accepts the amount allowed or offered to settle the claim, to accept it in settlement of the entire claim.
(Ord. 142, 1974; Amended during January 1991 supplement Ord. 144 §1, 1974)
(a) 
Written notice of the action taken under Section 8.20.100 or the inaction which is deemed rejection under Section 8.20.090 shall be given in the manner prescribed by Section 8.20.150. Such notice may be in substantially the following form:
Notice is hereby given that the claim which you presented to the Marin Municipal Water District on (indicate date) was (indicate whether rejected, allowed, allowed in the amount of $________ and rejected as to the balance, rejected by operation of law, or other appropriate language, whichever is applicable) on (indicate date of action or rejection by operation of law).
(b) 
If the claim is rejected in whole or in part, the notice required by subsection (a) shall include a warning in substantially the following form:
WARNING
Subject to certain exceptions, you have only six months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6.
You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
The board of directors may in its discretion, within the time prescribed by Section 945.6 of the Government Code of the state of California for commencing an action on the claim, reexamine a previously rejected claim in order to consider a settlement of the claim.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
(a) 
A claim or a late claim application to the district shall be presented to the district by:
(1) 
Delivering it to the secretary or auditor thereof; or
(2) 
Mailing it to such secretary or auditor or to the board of directors at the principal office of the district located at 220 Nellen Avenue, Corte Madera, Marin County, California.
(b) 
A claim or late claim application shall be deemed to have been presented in compliance with this section even though it is not delivered or mailed as provided in this section if it is actually received by the secretary, auditor or board of directors of the district within the time prescribed for presentation thereof.
(c) 
A claim or late claim application shall be deemed to have been presented in compliance with this section if it is delivered or mailed within the time prescribed for presentation thereof in conformity with the information contained in the statement in the Roster of Public Agencies pertaining to the district which is on file at the time the claim or late claim application is delivered or mailed. As used in this section, "statement in the Roster of Public Agencies" means the statement or amended statement in the Roster of Public Agencies in the office of the Secretary of State or in the office of the county clerk of any county in which such statement or amended statement is on file.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
If a claim or late claim application to the district is presented or sent by mail under this chapter, or if any notice under this chapter is given by mail, the claim, or late claim application or notice shall be mailed in the manner prescribed in this section. The claim, or late claim application, or notice must be deposited in the United States post office, or a mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the government of the United States, in a sealed envelope, properly addressed, with postage paid. The claim, late claim application or notice shall be deemed to have been presented and received at the time of the deposit. Proof of mailing may be made in the manner prescribed by Section 1013a of the Code of Civil Procedure of the state of California.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)
(a) 
The notices provided for in Section 8.20.030, 8.20.070 and 8.20.110 shall be given by either of the following methods:
(1) 
Personally delivering the notice to the person presenting the claim or making the late claim application;
(2) 
Mailing the notice to the address, if any, stated in the claim or late claim application as the address to which the person presenting the claim or making the late claim application desires notices to be sent, or if no such address is stated in the claim or late claim application, by mailing notice to the address, if any, of the claimant as stated in the claim or late claim application.
(b) 
No notice need be given where the claim or late claim application fails to state either an address to which the person presenting the claim or making the late claim application desires notices to be sent or an address of the claimant.
(Ord. 142, 1974; Ord. 144 §1, 1974; Amended during January 1991 supplement)