Arcadia Municipal Code Ch. 9 Claims Against the City

Footnotes:

--- (1) ---

(Former Chapter 9 repealed and new Chapter 9 added by Ord. 2120 adopted 7-18-00)

The provisions of this Chapter are enacted pursuant to 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.

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.

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 Twenty-Five Thousand Dollars ($25,000). The City Council shall have sole authority to allow, compromise, or settle claims for an amount in excess of Twenty-Five Thousand Dollars ($25,000).

(Ord. No. 2376, § 2, 4-20-21)

A claim shall be in writing, verified by the claimant or by his or her guardian, conservator, executor or administrator, and shall be presented to the City Clerk by the claimant or by a person acting on the claimant's behalf. The claim shall show all information as required by Government Code Section 910. The foregoing reference to Government Code Section 910 shall not be construed to authorize a class action, and no claim may be filed on behalf of a class of persons unless verified by every member of that class. The City Manager, or his or her designee, shall review all claims for sufficiency of information. 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 in 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.

(Amended by Ord. 2298 adopted 6-5-12)

Any claim specified in Section 1900 of this Chapter shall be presented within the following time limitations:

(a) 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.

(b) Claims relating to any other cause of action shall be presented within one (1) year after the accrual of the cause of action.

The City Council or City Manager or his or her designee shall act on a claim within forty-five (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 forty-five (45) day period may be extended by written agreement. If the claim is not acted on within forty-five (45) days, it shall be deemed to have been rejected on the forty-fifth (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.

Any applicant who fails to file a claim within the time period required by Section 1904 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 forty-five (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.

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 an applicable statute of limitations.

Subject to Section 1907, 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 (60) days after this Chapter's effective date in accordance with its provisions or such claim shall be barred.

• NO ENJOINING COLLECTION OF TAXES OR FEES/PAYMENT REQUIRED AS CONDITION TO FILING SUIT.

Notwithstanding any other provision of this Code, no injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the City or an officer thereof, to prevent or enjoin the collection of taxes, assessments, or fees (whether established by ordinance, resolution or other action of the City Council) which are sought to be collected from any person by the City pursuant to this Code; and payment of all said taxes, assessments, fees, plus any interest and penalties, shall be required as a condition precedent to seeking judicial review of any tax, assessment or fee liability.

(Added by Ord. 2271 adopted 6-15-10)