Chapter 3.24 — CLAIMS AGAINST THE CITY

State Law reference— For statutory provisions governing claims against cities, see Gov. Code § 37201 et seq.

The provisions contained in Sections 3.24.010 through 3.24.080 of this chapter shall apply to all claims against the city, except the following:

A.

Claims subject to the provisions of Division 3.6 of Title 1 of the Government Code of the state;

B.

Salaries and wages of officers and employees of the city shall not be considered to be claims against the city;

C.

Payments pursuant to contracts, leases or otherwise, which were specifically authorized by city council action.

(Ord. 717 § 1, 2003: prior code § 2.33)

No city officer shall, except for his own service, present any claim, account or demand for allowance against the city or in any way except in the discharge of his official duty advocate the relief asked in the claim or demand made by any other person. Any person may appear before the city council and oppose the allowance of any claim or demand made against the city.

(Prior code § 2.34)

All claims against the city shall be presented in writing and filed in duplicate with the city clerk within one year after the occurrence giving rise to the claim or the date of the last item of the account, shall set forth the name, address and telephone number of the claimant, and shall be itemized, setting forth the dates and rates for services rendered and prices and quantities of materials or supplies furnished.

(Prior code § 2.35)

The city clerk shall present claims so filed to the head of the department to be charged with the claim for his written approval or disapproval and shall prepare and present to the city council with a notation as to the action of the department head a list of all claims filed as of the day next preceding each regular council meeting. The list shall indicate from which fund payment of claims is to be made. The city council shall

authorize the payment of such claims or shall designate which claims shall be rejected. Claims may be authorized in part and rejected in part.

(Prior code § 2.36)

When authorized by the city council, claims shall be paid by check and signed by the city clerk or other municipal officer who has executed an official bond to the city and one city councilman designated by the city council to sign checks on behalf of the city.

(Prior code § 2.37)

The city clerk shall plainly endorse the fact and date of rejection on all claims rejected by the city council, and shall return them to the claimant. If the city council refuses or neglects to allow or reject a claim for ninety days after it is filed with the city clerk, the claimant may treat such refusal or neglect as final action and rejection on the ninetieth day.

(Prior code § 2.38)

No action or suit shall be commenced on any claim subject to this chapter until it has been filed and rejected in whole or in part as provided in this chapter.

(Prior code § 2.39)

Ratification and approval.

A.

Payroll warrants or checks need not be audited by the city council prior to payment. Payrolls shall be presented to the city council for ratification and approval at the first meeting after delivery of the payroll warrants or checks.

B.

Warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the city council need not be audited by the city council prior to payment.

C.

Notwithstanding subdivisions (A) and (B), budget payrolls and demands paid by warrants or checks may be presented to the city council for ratification and approval in the form of an audited comprehensive annual financial report.

(Ord. 657, 1997)

Claims under Division 3.6 of Title 1 of the California Government Code against the city of Anderson must meet all requirements of state law and be filed on the prescribed form approved by the city to be considered timely and reviewed for appropriate action. Claims received by the city which are not on the prescribed mandatory form will be returned to the applicant without action together with a copy of the proper form for re-submission. Any such claims will not be considered "received" by the city until returned to it on the city's prescribed form with the necessary information completed. All public entities and private persons filing claims not exempt under Section 905 of the Government Code must follow the procedures and meet the requirements set forth in Government Code Sections 900 et. seq.

(Ord. 717 § 3 (part), 2003)

Claims up to ten thousand dollars which have merit may be settled and approved for payment by the city manager after consultation with the city attorney. Periodic reports of action taken on such claims will be submitted to the city council.

(Ord. No. 801, § I, 7-19-2016; Ord. 717 § 3 (part), 2003)

assessments.

No person shall be permitted to file a legal challenge to the adoption of any new tax, fee or assessment or to an increase in an existing tax, fee or assessment without first having filed a timely claim against the city under the provisions of Government Code Section 900 et seq. and the claim having been rejected by the city. Any legal action brought against the city arising out of such claim shall be subject to the provisions of Government Code Sections 945.6 and 946.

(Ord. 717 § 2, 2003: Ord. 715, 2003)