Belmont Municipal Code Art. XI Procedure and Limitations Period for Filing Claims

This chapter is enacted pursuant to California Government Code Section 935.

(Ord. No. 1021, § 1, 10-10-06)

All claims against the city for money, damages or tax or assessment refunds, not otherwise governed by the Tort Claims Act, California Government Code Sections 900, et seq., or any other law of the State of California (hereinafter "claims") shall be governed by the provisions of this chapter.

(Ord. No. 1021, § 1, 10-10-06)

Claims against the city governed by this chapter shall be presented not later than one (1) year after the accrual of the claim. A tax or assessment refund claim shall be deemed to accrue as of the date of payment of the tax or assessment.

(Ord. No. 1021, § 1, 10-10-06)

All claims shall be made in writing and verified by a claimant or by the claimant's guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of the class. In addition, all claims shall contain the information required by California Government Code Section 910. Claims shall be made on a form provided by the city clerk and shall be filed with the city clerk.

(Ord. No. 1021, § 1, 10-10-06)

All claims shall be presented as provided in this chapter and acted upon by the city council prior to the filing of any lawsuit or action on such claim, and no lawsuit or action shall be maintained by a person or entity that has not complied with this chapter.

(Ord. No. 1021, § 1, 10-10-06)

The city council shall act to approve or deny a claim within forty-five (45) days of its presentment as required under this chapter. Failure of the city council to act within the time required shall be deemed a denial of the claim.

(Ord. No. 1021, § 1, 10-10-06)