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Home My WebLink AboutOrdinance No. 761 ORDINANCE NO. 761 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE PROVISIONS OF THE AZUSA MUNICIPAL CODE RELATING TO THE PRESENTATION OF CLAIMS AGAINST THE CITY. The City Council of the City of Azusa does ordain as follows: SECTION 1. Sections 2730 and 2731 of the Azusa Municipal Code are hereby amended to read respectively as follows: "SECTION 2730. CLAIMS AGAINST THE CITY. The presentation of claims against the City, the necessity therefor, and the form thereof shall be governed by and in con- formity with Chapter 2 of Division 3.5 of the Government Code of the State. SECTION 2731. SAME. SUIT THEREON. No suit for money or damages may be brought against the City on a cause of action for which Chapter 2 of Division 3.5 of the Government Code requires a claim to be presented until a written claim therefor has been presented to the City in conformity with the provisions of said Chapter 2. " SECTION 2. Section 2732 of the Azusa Municipal Code is hereby repealed. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall publish the same as required by law. Passed and approved this 27th day of August , 1963. i 'j '1yor STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF AZUSA I, JAMES MILLER, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 761 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19th day of August *61 aThat, thereafter, said ordinance was duly adopted and passed at a1 = —.; _,... _ � . .. , ..,gym H GOVERNMENT CODE § 71 ARTICLE 2, PRESENTATION, CONSIDERATION AND EN. FORCES1ENT OF CLAIMS 710. Necessity of written claim. i 711. Contents. 712. Notice of i ; time for action by governing body; substantial Brim. pliant*: 713. Waiver of defenses. 714. Manner of presentation of claims. 715. Time for plosentittiott of elates; accrual of cause of action. 71(1 Preseritittiott of claim after expiration of time, grounds. 717. "Action by governing body. 718. Salt against local public entity. 710. Lintitationts. • 720.' Compromise of sults` Article I added by Stats.I939,e.1114.f.4135,f 1. i taw Review Commentaries Procedure under the new claims statute. Presentation of claims against public en- i Jolinit. M h, Jr. (1441) 34 8.33ar titles' recommendation and study. Cal. J 544, tetw Revision Comm. (1165) vol. 2, p. A-7, $ 710. Necefisity of written claim No suit for moneyor,da bots may be brought against a local public entity on a • cause of action for which this chapter requires a claim to be presented until a itirltfew claim therefor hos been presented to the entity in conformity with the provisions; ~ this article. (Added Stats.1959, c. 1724, p. 4135, # 1.) Law Review Commeotartas New claims statute. John R. Ma. e. Linlitstion Jr. (int) 34 8:Bar .1 iii. Retired city policemen and firemen and ',;:1-i:.:. . Lawry t reaseats Counties. widows of deceased retired policemen end --r``.,`'. Municipal Corporations gaX C firemen who had been employed' when f t 1 liS: C.1.1. 3fusiatpai { ors, :a schedule of fluctuating pension rates had ties*I 2171. been in effect, where limited, In seeking to recover difference between monthly pens ;,',- Rion inrtaiitnents which had been paid dear te Hates them at deed rates and amounts which would have been payabp+ under a fnctuat Cerettrisetiort and applidaties I Ing schedule. to the difference applicable Lheitaatise $ . to liability for those payments accruing during six-months' charter limitation pe rind immediately preceding their claim Z. Construction and aWp#afiatisn est city. Adler v. City of Pasadena 1142) 21 *ft.!.Rptr. 675.171 P. ,2d 316 47 Reuuftemetst under Health at B. C. f A.C. 666. 32453 and' this sect/oft that a claim must in eityrs action against contractor for bs filed Woe* beltidl dt on action aaa�stat breach of construction contract. contras a hospital district is not invalid as!based tor's cross-action based on fraudulent on an arbitrary and attreaSeriable etasstw- breach of contractual duty by city .In I cation nbtwitltatastdittg it is not necessary failing to disclose knowledge of adverse 1 to Ills a ciathar bore maintaining an actlan soil conditiorna to the contractor did not i. against a �rimats nmtproflt eorperutton accrue until discovery of the fraud and eras [ operating a noepitai far public use: Dias not burred by fmltatIon. Sousa it McCue v; $den °r$. IRespitai Diet (1112) 2i Cal, Const. Co. V. Superior Court of Ban Benito Rptr. 130. are P.M 234, 67 A C. 441. Count (1562) 30 Cai.Rptr. $34, 370 P.2d ! 711. contents . A.C. 645. 1 Aclaim shall be presented by the claimant or by a person acting on his behalf'and shall show: (a) The name and post odice address of the claimant (b) The post odice address to which the person presenting the claim desires notices to be sent: (e) The date,place and other circumstances of the occurrence or transaction which i gave rise to the claim asserted: �_---_--.__ __ __.w td) A �Ize27€1-dei�;i"�T3�`f2tde7ifeSfra :_.volt;;a#Son;tsl�ury;damage syr$ Incurred so far as it may be known at the time of preyeratatkci of the clailat: and • 1 - (e) The amount claimed as of the date of presentation of the claim. together with the basis of computation thereof. The claim shall be signed by the claimant or by some person on his behalf. Claims for supplies, materials, equipment or services need not be signed by the claimant or on his behalf If presented on a biilbead or invoice regularly used in the conduct of theof the claimant. " If _ 11 GOVERNMENT CODE \ 1 :tiro Islay he amended at any time, and the a .ii s, et -, Pail-. of the originals°lain for all trurpnrsaeic. (Ai& e''1 '?tr,t•„ , .. .. r . , ,, f, COstracniti'ri State.1 Nil, c. 4S2, p. 1579, $ 1e ( $ 7)2. Notice of insuflletency; time ter action by gc:!io n nd 4 ty; :st '.' i compliance 1 eye- t .r tii :be opinion of the governing tsdy of the 1 cti pe entity , ieette, ee eel:tell f`,tila to c:)aspty substantially with the rettotireneete. er eeetee, .., tie, eeteeee, leg body may, at any time within 'sty ti-eit tleys a:ter the ,E g'„i • c;rittnri notice or its insulflciency, stating with pa '.c,,.,:t .. -.,, , ., Q.t therein.. . S t h attar may he given by inalilest. it to the ., .f e se , ,•.,; , seeee i .`:;.:t as the t,�dres5 to which the person pre.•ven; ng tete ,:Jai b s e h, ti y A sea iedt le t.- 3 .;(}Sin,f 3f ni)sui'ti R€IrtreeR�a is ntsited to G.e clnlln, tris nu,t.e. telt any,of the claimant as stated in the claim. The governing twcly may not take action on the i.'ialtn ter a per eeet,;si of :w•,,, tv s-C,i i days after such notice is given. A failure or refeetii t;; tenet-el : ..i all ,.;t constitute: a defense to any action brought up-iii the ar: t- ,f tee r i ter teeten the t • claim was presented if the court thole that the elate! as eresented e tie-Ot el 3itbstan- tis;ly with Section 711. (Added Statal950, e. 1724, p. 4130, if 1.t Library references: Countless $=204(2- S. Counties I 30 C.J.S. Municipal- Cor- • , • 4); i iicipai:'Cor- 4); Munt'tpal Corporations 4=.I012; C.J. potations 3 '.177. . • i 713.. Waiver of defenses Any defence based upon a defect or omission in a claim as presented is waived by failure of the governing body to mall notice of ineutilcteocy with resi;e't to hitch de feet or omission as provided In rection 712, except that no hire'e n ed he Toiled and no waiver Shall result when the claim as presented fails to state either an address,to • which the person presenting the claim desires notices to be tit';it or art address of the . claimant. (Added Stats,1959, c. 1724, p..4130. 3 1.) I3 714. Manner of prenentatiea of claim A. claim may be presented to a local public entity (t) h3 ;ivil'e'rtmi the claim to the- clerk, secretary or auditor thereof within the period of thee prn'r h.c1 by Secilort 715 - or(2) by mailing the claim to such clerk,secretary or autlitor or to the governing body at its principal office not later than the last day of such period, „ claim alielt be deemed to hart' been presented in compliance with this section ethough, it to not • delivered or mailed as provided herein if It is actually re ee!red iyere" eta k, secre- t tary, auditor or governing body within the time press c i,s-cI. ( fled `1eiirr.l9S0. 1. e. 1724, p. 4130. 3 1.) ii 3 715. Time for presentation of claim; accrual at cause of action A claim relating to a cause of action for death or for phytiie-t a etry t .i the per- 1 1 eon or to personalgroper;,y_S1F,i;z wingcrops abet) be pro' it=ri as t.i ul. ^i:r"Jon 714 not later than the one hundredth day,after h4 a crii.i. of the cause r.f action. A claim relating to any culler rau:4e n7 action shall Oe pre=s,ebail as pro:Ided :ti Section - 714 not later than one year after the accrual of the eanth of ac: on. For the purpose of computing the time limit;rearribed by this sectionthe date of fteertra+e a s a-ref action.to_which.a_claint relates le tee tie:e uponi art; the cause of action accrued within the meaning of the applicable' tit trite 'if tinsttaL,iiiis. (Arid- 7---- ------ --- ------- -- ------ ee1 Stats.1959. c. 1724,p. 4136, 3 1.) Housing authorities, claims against, see 4, in penes! Health and Safety Code. $ 34369. in 'ity{s act1on agar t. contractor for breach .t:xe, ..tr a;,- Law Review Commentaries tors cr is:P•es C tee on tntur'alsnt New concepts -in -e13RCrei irtt ttletn'rty'= brelac 3 'Nano-actual 'iiy GY c y in•- rachard It. Per (1381) 36 l3 113" 1. 77. la;iiinet o :'s ask icSt ,,,igss of aiveres Library references: erences: Counties 4=i2OO soil con tiler a zci ti. .r eun xi.for did not'' MunicipalCorporations s4:=1001; C.J.S, accrue until. discovery - the fraud and y Counties 7 Ui; C.J.S. Municipal Corpora- was not barred by l miteuon Souza 4t tions 4 all. Mc quo Cont. Co. v .9uperior Court M Ski) ,tin; s,., .'1. 20 C 14.ROtr. x'.11. 37t) P,aa 3�� 5','A.... ,..1- 26 d