Banning Municipal Code Ch. 3.20 Claims and Demands Against City

Footnotes:

--- (2) ---

Editor's note— Sec. 1 of Ord. No. 1444, adopted Feb. 14, 2012, amended Ch. 3.20 in its entirety to read as herein set out. Former Ch. 3.20 pertained to the same subject matter, consisted of §§ 3.20.010—3.20.060, and derived from the 1965 Code.

This chapter is enacted pursuant to section 935 of the California Government Code.

(Ord. No. 1444, § 1, 2-14-12)

All claims against the city for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this ordinance, "claims") shall be presented within the time, and in the manner prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter.

(Ord. No. 1444, § 1, 2-14-12)

All claims shall be made in writing and verified by the claimant or by the guardian, conservator, executor or administrator of claimant. In addition, all claims shall contain the information required by California Government Code Sections 910 through 915.4. The foregoing reference to Government Code Sections 910 through 915.4 shall not be construed to authorize a class claim, and no claim may be filed on behalf of a class of persons unless verified by every member of that class.

(Ord. No. 1444, § 1, 2-14-12)

All documents setting forth claims or demands against the city which may come into the hands of the city clerk or any other officer of the city shall be forthwith delivered to the director. The director shall audit each demand and investigate each claim for damages and shall cause the same to be promptly presented to the third party administrator or city attorney in compliance with the guidelines provided by the risk sharing joint powers authority of the city is a member thereof. Notwithstanding the foregoing, the third-party administrator providing the general administration of claims shall be under the continued supervision of the director. Settlement authority is determined by resolution adopted by the city council.

(Ord. No. 1444, § 1, 2-14-12)

In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section and acted upon by the city prior to the filing of any action on such claims and no such action may be maintained by a person who has not complied with the requirements contained in the sections of Chapter 3.20.

(Ord. No. 1444, § 1, 2-14-12)

No injunction or 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, fees or fines sought to be collected pursuant to any provision or resolution ordinance of the city for the payment of all taxes, fees or fines. Payment of all taxes, fees or fines, interest and penalties shall be required as a condition precedent to seeking judicial review of the validity or application of any such tax, fees or fines.

(Ord. No. 1444, § 1, 2-14-12)

Any action brought against the city upon any claim or demand 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 with the requirements of Sections 950—951 of the California Government Code.

(Ord. No. 1444, § 1, 2-14-12)