Calabasas Municipal Code Ch. 3.28 Claims and Demands Against City

The city desires to adopt procedures relative to the fiscal affairs of the new city and to provide for the payment of its debts as they come due.

(Ord. 95-94 § 2 (part), 1995)

The provisions of this chapter recognize the general claim procedures applicable to the local public agencies, including the city, are governed by the provisions of Chapter 1 of Division 3.6 of the Government Code of the state, commencing with Section 900 and following.

(Ord. 95-94 § 2 (part), 1995)

A. Authority. The ordinance codified in this chapter is enacted pursuant to the city's authority under the Constitution and laws of the state of California, including but not limited to California Constitution Article XI, Sections 7 and 9, and Sections 935 and 37100.5 of the California Government Code.

B. Claims Required. 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 section, "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 the ordinance codified in this section.

C. Form of Claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. In addition, all claims shall contain the information required by California Government Code Section 910. The foregoing reference to Government Code Section 910 shall not be construed to authorize a class claim or a representative claim, and no claim may be filed on behalf of another person or a class of persons unless verified by such other person(s) and each member of any purported class.

D. Claim Prerequisite to Suit. 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 of subsection (B) of this section.

E. Suit. Any action brought against the city upon any claim or demand shall conform to the requirements of Sections 940 through 949 of the California Government Code. Any action brought against any employee of the city shall conform to the requirements of Sections 950 through 951 of the California Government Code.

(Ord. 2006-230 § 1, 2006: Ord. 95-94 § 2 (part), 1995)

(Ord. No. 2012-299, §§ 1, 2, 4-25-2012)

All claims filed with the city clerk, which claims are covered by insurance, shall be forwarded by the risk manager after action thereon by the council to the appropriate insurance carrier for handling and further processing.

(Ord. 2006-230 § 7 (part), 2006; Ord. 95-94 § 2 (part), 1995)

A. All demands, invoices or claims for purchases, supplies or services included within budgetary appropriations shall be presented in writing to the city manager. All such demands, invoices or claims shall be fully itemized and verified as just and correct by the claimant or his or her authorized agent.

B. Each demand shall bear the number of the purchase order issued for the materials or services rendered.

C. Such demands, invoices or claims shall be audited by the director of finance, who shall prepare a register of audited demands. The affidavit of the director of finance shall be attached to such register, certifying to the accuracy of the register.

D. Such demands, invoices or claims shall be approved by the city manager and finance committee consisting of two designated members of the city council.

E. All claims approved shall be paid by checks drawn upon the city treasurer signed by the person(s) designated by resolution of the city council.

(Ord. 2006-230 § 7 (part), 2006; Ord. 95-94 § 2 (part), 1995)

Prior to seeking judicial relief with respect to a dispute regarding a tax, fee or other charge imposed by the city, an aggrieved taxpayer, fee payer or other person must exhaust administrative remedies by: (i) exhausting any administrative remedies specified by any other provision of this code or other applicable law, (ii) paying the full amount owed, including applicable penalties and interest, and (iii) presenting a claim for refund under Section 3.28.030 of this code.

(Ord. No. 2010-271, § 1, 2-10-2010)