This chapter is enacted pursuant to Section 935 of the California
Government Code.
(Ord. 388 § 1, 2010)
All claims against the 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. 388 § 1, 2010)
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. In addition,
all claims shall contain the information required by California Government
Code Section 910.
(Ord. 388 § 1, 2010)
In accordance with California Government Code Sections 935(b)
and 945.6, all claims shall be presented as provided in this section
and acted upon by the city council 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.
(Ord. 388 § 1, 2010)
Any action brought against the city of Lemon Grove upon any
claim or demand shall conform to the requirements of Sections 940
through 949 of the California Government Code. Any action brought
against any employee of the city of Lemon Grove shall conform with
the requirements of Sections 950 through 951 of the California Government
Code.
(Ord. 388 § 1, 2010)
It is the intent of the city council of the city that any ordinance
establishing performance standards or establishing an obligation to
act upon a city officer or employee, shall not be construed as creating
a mandatory duty for purposes of tort liability, if the officer or
employee fails to perform the act. Except when otherwise specifically
indicated, the obligations imposed upon city officers or employees
for implementation and enforcement of this code are directory in nature.
Nothing in the code shall be construed as limiting or eliminating
any defense or immunity from liability for the city or its officers
or employees, established by the provisions of Title 1, Division 3.6
of the California Government Code, or by any other provision of law.
Except when otherwise specifically indicated, the manner and timing
of enforcement and implementation of this code shall be within the
discretion of the city manager or other designated city officers or
employees. Except when otherwise specifically indicated, this code
shall not be construed to hold the city or any officer or employee
of the city responsible for any damage to persons or property by reason
of a failure to enforce, implement or execute any of the provisions
of this code. Nothing in this code shall be construed to hold the
city or any officer or employee of the city responsible for any damage
resulting to persons or property by reason of any interpretation of
this code by any city officer or employee.
(Ord. 388 § 1, 2010)
