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HomeMy WebLinkAboutOrdinance No. 2024-02 Claims Settlement Auth - Attachment- MUNICIPAL CODE Chapter 3 CLAIMS AGAINST THE CITY Azusa, California, Code of Ordinances Created: 2024-03-08 14:52:01 [EST] (Supp. No. 69) Page 1 of 3 Chapter 3 CLAIMS AGAINST THE CITY Sec. 3-1. Applicability of chapter. The provisions of this chapter are enacted pursuant to California Government Code Section 935 and shall apply to all claims against the city for money or damages, provided that such claims are not governed by any other statutes or regulations. Claims against the city or any of the city's elected officials, officers, employees or agents which are exempted by California Government Code section 905 from the tort claims procedures contained in Chapter 1 and Chapter 2 or Part 3 of Division 3.6 of Title 1 of the California Government Code and which are not governed by any other state statute, regulation or provision of this Code shall be governed by this chapter. (Ord. No. 01-06, § 1, 9-17-01; Ord. No. 05-09, § 1, 12-19-05) Sec. 3-2. Presentation of claims—Prerequisite for bringing suit. In accordance with California Code Section 935, subdivision (b), no suit subject to this chapter may be brought against the city until a claim has been presented to and acted upon by the city. Any action brought against the city on a claim after it has been presented to and acted upon by the city shall be subject to the provisions of Government Code Sections 945.6 and 946. (Ord. No. 01-06, § 1, 9-17-01) Sec. 3-3. Authority of city manager. The city council delegates authority to the city manager and his or her designee to review all claims for sufficiency and to reject any and all claims. The city council delegates to the city manager authority to allow, compromise, or settle claims for an amount up to $25,000.00. The city council shall have sole authority to allow, compromise, or settle claims for an amount in excess of $25,000.00. (Ord. No. 01-06, § 1, 9-17-01; Ord. No. 13-O5, § 1, 1-6-14) Sec. 3-4. Contents of claim—Review for sufficiency. A claim shall be made in writing and shall be presented to the city clerk by the claimant or by a person acting on the claimant's behalf. A person acting on the claimant's behalf may include, but not be limited to, his or her guardian, conservator, executor or administrator. A claim shall show all information as required by Government Code Section 910. A claim must be signed by the claimant or by a person acting on the claimant's behalf, as described above. No claim may be filed on behalf of a class of persons unless signed or verified by every member of that class as required by this section. The city manager, or his or her designee, may, within twenty (20) days of receipt of a claim, either personally deliver or mail to claimant a notice stating deficiencies on the claim presented. If such notice is delivered or sent to claimant, the city shall not act upon the claim until at least fifteen (15) days after such notice is sent. (Ord. No. 01-06, § 1, 9-17-01) Created: 2024-03-08 14:52:01 [EST] (Supp. No. 69) Page 2 of 3 Sec. 3-5. Time limitation for presentation of claims. Any claim specified in section 3-1 of this chapter shall be presented within the following time limitations: (1) Claims relating to a cause of action for death, injury to person or to personal property, or growing crops shall be presented within six (6) months after the accrual of the cause of action. (2) Claims relating to any other cause of action shall be presented within one (1) year after the accrual of the cause of action. (Ord. No. 01-06, § 1, 9-17-01) Sec. 3-6. Time for action by city. The city council or city manager or his or her designee shall act on a claim within 45 days after the claim has been presented. By mutual agreement of the claimant and the city council or city manager or his or her designee, such 45-day period may be extended by written agreement. If the claim is not acted on within 45 days, it shall be deemed to have been rejected on the 45th day unless such time period has been extended, in which case it shall be denied on the last day of the period specified in the extension agreement. (Ord. No. 01-06, § 1, 9-17-01) Sec. 3-7. Application to file a late claim. Any applicant who fails to file a claim within the time period required by section 3-5 of this chapter 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 manager or his or her designee, shall 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 the Government Code Sections 911.6 through 912.2, inclusive. (Ord. No. 01-06, § 1, 9-17-01) Sec. 3-8. Time barred claim. Nothing in this chapter revives or reinstates any cause of action that, on the effective date of this chapter, is barred by failure to comply with any previously applicable statute, ordinance, or regulation requiring the presentation of a claim prior to a suit subject to this chapter, or by failure to commence any action thereon within the period prescribed by any applicable statute of limitations. (Ord. No. 01-06, § 1, 9-17-01) Sec. 3-9. Suit. Any suit for money or damages brought against the city upon a written claim, as prescribed by this chapter, shall conform to the requirements of sections 940—949 of the California Government Code. Any action brought against any employee of the city shall conform to the requirements of sections 950—951 of the California Government Code. (Ord. No. 01-06, § 1, 9-17-01) Created: 2024-03-08 14:52:01 [EST] (Supp. No. 69) Page 3 of 3 Sec. 3-10. Effective date of chapter. Subject to section 3-8, the provisions of this chapter shall apply retroactively to any causes of action occurring prior to the effective date of this chapter; provided, however, that a claimant who has a cause of action occurring more than ten months before the effective date of this chapter shall file a claim within sixty days after this chapter's effective date in accordance with its provisions or such claim shall be barred. (Ord. No. 01-06, § 1, 9-17-01)