Big Bear Lake Municipal Code Ch. 3.08 Claims Against the City

There shall be presented in accordance with this chapter and as a prerequisite to suit against the city of Big Bear Lake, all claims for money or damages not governed and controlled by Part 3 (commencing with Section 900), Division 3.6 of Title 1 of the California Government Code, and which are more specifically listed as exceptions in Section 905 of Chapter 1, Part 3, provided that the claims covered by this section are not governed by any other statutes or regulations expressly relating thereto.

(Ord. 85-123 § 1.118.01, 1985)

Those claims required by Section 3.08.010 of this chapter shall be presented to the city council in accordance with and in the manner provided in Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the California Government Code as contained in Article 1 of Chapter 2 entitled "Presentation and Consideration of Claims," and Article 2 of Chapter 2 entitled "Manner of Presentation and Giving Notice."

(Ord. 85-123 § 1.118.02, 1985)

No suit for money or damages may be brought against the city of Big Bear Lake on a cause of action for which a claim is required to be presented under section 3.08.010 of this chapter until a written claim has been presented to the city council and has been acted upon by the council, or has been rejected by the council, in accordance with procedures prescribed by section 3.08.020 of this chapter. Nothing herein shall permit the filing of a claim or action on behalf of a class or group.

(Ord. No. 2010-406, § 1, 6-28-2010; Ord. 85-123 § 1.118.03, 1985)

A. Except as provided in subsection B of this section, any suit brought against the city of Big Bear Lake for which a claim is required to be presented in accordance with Section 3.08.010 of this chapter must be commenced within six months after the date the claim is acted upon by the city council or is deemed to have been rejected by the council.

B. Exception. When a person is unable to commence a suit on a cause of action described in subsection A of this section, within the time prescribed in that subsection because he has been sentenced to imprisonment in a state prison, such suit must be commenced within six months after the date the civil right to commence such action is restored to such person. A person sentenced to imprisonment in a state prison may not commence such suit unless he presented a claim in accordance with Section 3.08.020 of this chapter within the time prescribed in that section.

(Ord. 85-123 § 1.118.04, 1985)

Where a claim that is required to be presented to the city of Big Bear Lake in accordance with Sections 3.08.010 and 3.08.020 of this chapter is so presented and action thereon is taken by the city council:

A. If the claim is allowable in full and the claimant accepts the amount allowed, no suit may be maintained on any part of the cause of action to which the claim relates;

B. If the claim is allowed in part and the claimant accepts the amount allowed, no suit may be maintained on any portion of the cause of action where, pursuant to a requirement of the city council to such effect, the claimant has accepted the amount allowed in settlement of the entire claim.

(Ord. 85-123 § 1.118.05, 1985)

A. At any time after the filing of the complaint in any action against the city of Big Bear Lake, the city may file and serve a demand for a written undertaking on the part of each plaintiff as security for the allowable costs, which may be awarded against such plaintiff. The undertaking shall be in the amount of one hundred dollars, or such greater sum as the court shall fix upon good cause, show, with at least two sufficient sureties, to be approved by the court. Unless the plaintiff files such undertaking within twenty days after service of a demand therefore, his action shall be dismissed.

B. If judgment is rendered for the city of Big Bear Lake in any action against it, allowable costs incurred by the city of Big Bear Lake in the action, but in no event less than fifty dollars, shall be awarded against each plaintiff.

C. This section does not apply to an action commenced in a small claims court.

(Ord. 85-123 § 1.118.06, 1985)

Notwithstanding the foregoing provisions of Chapter 3.08, the city manager will have the authority to fully administer and resolve claims against the city in an amount up to twenty-five thousand dollars. Claims against the city in excess of twenty-five thousand will be administered by the city council.

(Ord. 99-292 § 1, 1999)

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) which are sought to be collected from any person, or are otherwise due and owing from any person to the city pursuant to this Code or otherwise, 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. For purposes of this section, the term "city" shall include, but not be limited to any agency, district or entity formed or governed by the city.

(Ord. No. 2010-406, § 2, 6-28-2010)