Burbank Municipal Code Art. 9 Claims and Debts

A. Authority of City Council: Except as otherwise provided herein, the City Council shall have the exclusive authority to evaluate, reject, allow and/or compromise all claims, potential litigation and/or litigation filed against the City, its officers, agents and employees. No payment shall be made for personal injuries or property damages arising out of the actions of the City and its agents, officers and employees except as provided in this section.

B. Settlement of Claims: For any claim or litigation filed against the City where the amount sought is less than or equal to the amount established by City Council Resolution, and where the City Attorney determines that the City is or is likely to be held legally liable, such claim or litigation may be allowed, rejected and/or settled with the approval of all of the following: City Manager, City Attorney, and Management Services Director or their respective designees.

C. Piecemeal Payments: It is the policy of the City Council to encourage certainty and finality in any settlement of claims or litigation and except as otherwise provided herein, piecemeal payments to claimants or litigants are discouraged. In any event, if partial payments for the same claim are made, the totality of payments may not exceed the limit established by City Council Resolution for settlement authority without the approval of the City Council.

D. No Admission of Liability: Any payments or expenditures made by the City pursuant to this section shall not be construed as an admission of liability by the City, its officers and/or employees for any such incident. [Formerly numbered Section 2-114; renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 21-3,960, eff. 8/27/21; 3775; 3037.]

See Charter Section 1045. [Formerly numbered Section 2-115; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Audit and Approval Of Demands Required; Exception: No demand against the City for the payment of money shall be satisfied until it is first authorized by the responsible department manager or other officer and audited and approved for availability of appropriation by the Management Services Director or their designee.

B. Appeal to Council: Any person aggrieved by the refusal of the responsible department manager or other officer to authorize a demand, or of the Management Services Director or their designee to approve a demand, may appeal such decision to the Council. The Council may approve the demand, if sufficient funds are available and appropriated therefor.

C. Warrants: Whenever a demand is approved as herein before provided, the Management Services Director or their designee shall draw and sign a warrant or warrants on the City Treasury for the payment thereof. A warrant not paid for the lack of funds shall be registered, and all registered warrants shall be paid in the order of registration when funds are available therefor.

D. Countersigning Warrants: The City Treasurer or their designee may countersign any warrant drawn and signed by the Management Services Director or their designee as hereinbefore provided. When countersigned, such warrant shall be negotiable. [Formerly numbered Section 2-116; renumbered by Ord. No. 3058, eff. 2/21/87; 3028, 2932, 2215.]

A. Grounds for Refund: The City Manager may make a refund, in whole or in part of monies collected by the City in the following instances:

1. Where the money was either paid by the claimant or received by the City through mistake, inadvertence, or error of law or of fact.

2. Where the claimant was entitled to an exemption from payment of the monies collected or received but neglected or otherwise failed to claim such exemption at the time of payment.

3. Where the exercise of right or privilege for which the money was paid, and before such exercise began, was made illegal or physically impossible without the fault of the person making the payment or the person entitled to exercise the right or privilege.

4. Where a refund is otherwise provided by law, except as provided in Section 2-1-117 of this code.

B. Lapse Of Time: In order to qualify for a refund hereunder, claims must be filed not later than three (3) months from the date the money is collected or received by the City, except that where the claim for refund is founded upon subsection A3 of this section, the claim must be filed not later than three (3) months from the date on which the exercise of the right of privilege for which the money was paid was made illegal or physically impossible. [Formerly numbered Section 2-118; renumbered by Ord. No. 3058, eff. 2/21/87.]

Whenever it is provided in this code that a payment to the City, or an assessment or charge by the City, for work done or to be done, may be paid in installments in accordance with the provisions of this section, the person required to make such payment, or to pay such assessment or charge, may do so in the manner and subject to the conditions herein set forth, unless otherwise provided:

A. Terms Of Payment: Payment shall be made in five (5) equal installments consisting of:

1. Twenty percent (20%) down at the time the agreements hereinafter required are executed;

2. Twenty percent (20%) three (3) months thereafter or within thirty (30) days after notice of completion of the work or improvement, whichever is later; and

3. Twenty percent (20%) each three (3) months thereafter until the amount of the payment, assessment or charge is fully paid; provided, however, that if the work has been completed, the payments shall be made twenty percent (20%) down at the time the agreements hereinafter required are executed, and twenty percent (20%) each three (3) months thereafter until fully paid.

B. Agreements: The person required to make the payment, or to pay the assessment or charge, shall execute and deliver to the City Treasurer an installment payment agreement and lien agreement as provided in Section 2-1-906 of this code. The installment payment agreement shall be for the balance of the monies due, and the lien agreement shall encumber the property to be benefited by the work or improvement as security for the payment of said balance.

C. Charge: The person required to make the payment, or to pay the assessment or charge, shall pay the sum of five dollars ($5.00) to the City Treasurer for recording the lien agreement and as a charge for administering the collection of the installment payments.

D. Approval by City Manager: Installment payments under this section may be made only when the work or improvement has been approved for installment payment by the City Manager. The City Manager shall not approve any work or improvement for installment payment unless they certify that sufficient funds are available to provide for the necessary appropriation by the City to finance the completion of the work or improvement pending the receipt of payments and assessments from property owners to be benefited thereby.

E. Minimum Amount to Which Applicable: Unless the amount of the payment, assessment, charge, or unpaid balance thereof, is twenty five dollars ($25.00) or more, this section shall not be applicable. [Formerly numbered Section 2-119; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. Approval As To Form; Interest: Every agreement authorized under Section 2-1-905 of this code shall be executed by the owner of the property to be benefited by the work or improvement, shall be submitted to the City Attorney for approval as to form, and shall contain the usual provisions contained in a promissory note and mortgage, including the provision that deferred balances shall bear no interest before delinquency but that any sum delinquent shall bear interest from the date when due until paid, at the rate of seven percent (7%) per annum, and that in case of foreclosure all necessary and reasonable court costs and expenses of foreclosure including the cost of obtaining a guaranteed title search of said property for foreclosure purposes and all other expenses incurred or paid out by the City in protecting its security, shall be paid by the owner of the property.

B. City Treasurer May Refuse: The City Treasurer may before accepting said agreements, require of the petitioner an up to date certificate of title showing the liens, claims and encumbrances, if any, against such property and may refuse to accept such agreements unless it satisfactorily appears that the lien agreement constitutes good and sufficient security for the payment of the deferred installments.

C. Recording Lien Agreement; Satisfaction: The City Treasurer shall cause said lien agreement to be recorded in the office of the County Recorder, and when the sum secured thereby has been paid in full the City Treasurer is hereby authorized and empowered to execute and deliver to the owner or their agent, on behalf of the City, a release and satisfaction of such lien and the debt which it secures. [Formerly numbered Section 2-120; renumbered by Ord. No. 3058, eff. 2/21/87.]