Camarillo Municipal Code Ch. 3.32 Claims

Footnotes:

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Editor's note— Ord. No. 1035, § 2, adopted May 27, 2009, amended Ch. 3.32, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Ch. 3.32 was entitled, "Claims, Demands and Warrants." See also the Code Comparative Table and Disposition List.

This chapter governs all claims against the city for money or damages not otherwise governed by the Tort Claims Act (California Government Code section 900 and following) or other state law (hereafter "claims").

(Ord. No. 1035, § 2, 5-27-2009)

All claims must be made in writing and verified by the claimant or by the claimant's guardian, conservator, executor, or administrator. No claim may be filed on behalf of a class of persons unless it is verified by every member of that class of persons. All claims must be made on a form provided by the city, contain the information required by Government Code section 910, and must be filed with the city.

(Ord. No. 1035, § 2, 5-27-2009; Ord. No. 1179, § 3, 6-23-2021)

Claims will be presented in the manner indicated in Government Code Section 915. The city authorizes claims being submitted electronically. Additionally, notices provided for in the Government Code can be submitted electronically if the claim or application is submitted electronically, by sending the notice to the electronic address from which the claim or application was received unless the person presenting the claim or making the application requests notice to be sent to an alternative electronic address.

(Ord. No. 1179, § 4, 6-23-2021)

All claims must be presented in accordance with the time limitations set forth in Government Code section 911.2. In addition, pursuant to Government Code section 901, any claim against the city for equitable indemnity or partial equitable indemnity must be presented not later than six months after the date upon which a defendant is served with the complaint giving rise to the defendant's claim for a cause of action for equitable indemnity or partial equitable indemnity against the city.

(Ord. No. 1035, § 2, 5-27-2009)

In accordance with Government Code section 935, the late filing of a claim pursuant to this chapter is subject to Government Code sections 911.4 and 911.6 through 912.2.

(Ord. No. 1035, § 2, 5-27-2009)

A. Pursuant to Government Code section 935.4, the city manager is authorized and directed to perform on behalf of the city all functions relating to claims against the city.

B. The city manager is authorized to settle a claim against the city provided the settlement does not exceed $10,000.00. Upon written order by the city manager, the finance director of the city must cause a warrant to be issued upon the treasury of the city in the amount for which a claim has been settled.

(Ord. No. 1035, § 2, 5-27-2009)

All claims must be presented as provided in this chapter and acted upon by the city prior to the filing of any lawsuit or action on such claim. No lawsuit or action may be maintained by a person who has not complied with the requirements of this chapter.

(Ord. No. 1035, § 2, 5-27-2009)

A. Any legal action brought against the city upon any claim must conform to the requirements of Government Code sections 940—949.

B. Any legal action brought against any employee of the city must conform to the requirements of Government Code sections 950, 951.

(Ord. No. 1035, § 2, 5-27-2009)