Amador City Municipal Code Ch. 1.20 Claims Against the City

No suit for money or damages shall be brought against the city unless a written claim is presented to the city in accordance with this chapter and the Government Claims Act (Government Code Sections 900, et seq.). Claims against the City for money or damages which are excepted by Section 905 from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the Government Code, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the claims procedure prescribed in this chapter. All claims against the city, including claims under the Revenue and Taxation Code or statute prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification or adjustment of a tax, assessment, fee or charge or any portion thereof, or any penalties, costs or charges related thereto; and claims by the state or by a state department or agency or by another public entity, shall be presented and acted upon in accordance with this chapter.

(Ord. No. 179, § 2, 2-20-20)

All claims shall be presented to the city clerk and must be presented within the time limits prescribed by Government Code Section 911.2. A claim is presented to the city clerk when it is delivered and received in the office of the city clerk. All claims must utilize the claim form adopted by the city council, as amended from time to time. A claim may be returned if it was not presented on the city council approved form. All claims shall be filed within one year after the accrual of the cause of action, unless a shorter period is provided by applicable law including in Section 911.2 of the Government Claims Act, in which case the shorter period shall apply. No claim may be filed on behalf of a class of persons unless verified by every class member.

(Ord. No. 179, § 2, 2-20-20)

Claims against the city shall be in writing, verified by the claimant or his or her guardian, conservator, executor, or administrator, and shall state the dollar amount claimed and the specific grounds upon which the claim is founded. All claims shall contain the information required by California Government Code Section 910.

(Ord. No. 179, § 2, 2-20-20)

In accordance with Government Code Sections 935, subdivision (b), and 945.4, all claims shall be presented as provided in this chapter and the Government Claims Act and reviewed and acted upon by the city prior to the filing of any action on such claims. No such action may be maintained by a person who has not complied with the requirements of this chapter and the Government Claims Act.

(Ord. No. 179, § 2, 2-20-20)

Any action brought against the city upon any claim or demand shall comply with the requirements of Sections 945 through 949 of the California Government Code. Any action brought against any employee of the City shall comply with the requirements of Sections 950 through 951 of the California Government Code.

(Ord. No. 179, § 2, 2-20-20)