Chino Hills Municipal Code Ch. 3.08 Claims Against the City

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Editor's note— Ord. No. 398, § 1, adopted July 11, 2023, amended Ch. 3.08 in its entirety to read as herein set out. Former Ch. 3.08, §§ 3.08.010—3.08.150, pertained to similar subject matter, and derived from Ord. 42 § 1 (part), 1993; Ord. 91-05 §§ 3.16.010—3.16.090.

As a prerequisite to bringing suit thereon against the City or any officer, employee, department, commission, or board of the City, any claim for money or damages, including claims which would otherwise be excepted by Section 905 of the Government Code of California, which is not governed by any other statute or regulation expressly relating thereto, shall be presented and acted upon in accordance with Title 1, Division 3.6, Part 3, Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910), of the California Government Code. This section shall relate only to the bringing of suit upon any claim, and shall not be deemed to apply to the authority of the Finance Director, the City Council, and other City officers to process and pay, in the ordinary course of business, the just obligations of the City, such as routine salaries and wages, principal and interest on bonds, payments for purchases, and other like expenditures for which there is an express budget appropriation and in connection with which there is no dispute as to the obligation and amount being payable. Electronic filing of claims submitted pursuant to the Government Claims Act or this chapter are expressly authorized in accordance with Government Code Section 915(a)(3) and may be filed electronically using the electronic claims portal on the City's website or by attaching a signed, written claim to an email address that the City Clerk designates in writing and publicizes on the City's website.

(Ord. No. 398, § 1, 7-11-2023)

Pursuant to Section 935 of the Government Code, all claims against the City for money, damages, or indemnification by any public entity which is exempted by Section 905(i) of the Government Code from the provisions of Division 3.6 of the Government Code (Section 810 et seq.), including but not limited to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910), and is not governed by any other statutes or regulations expressly relating thereto shall be governed by the procedure prescribed in Sections 3.08.030 through 3.08.070 of this chapter.

(Ord. No. 398, § 1, 7-11-2023)

No suit for money, damages, or indemnification may be brought against the City by any public entity described in Section 3.08.020 of this chapter until a written claim therefore has been presented and acted upon, or has been deemed to have been rejected, in accordance with this chapter and Sections 945.4, 945.6, and 946 of the Government Code.

(Ord. No. 398, § 1, 7-11-2023)

Any claim specified in Section 3.08.030 shall 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 shall be presented not later than six (6) 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. 398, § 1, 7-11-2023)

In accordance with Section 935 of the Government Code, the late filing of claims pursuant to this chapter is regulated by Sections 911.4 and 911.6 through 912.2, inclusive, of the Government Code.

(Ord. No. 398, § 1, 7-11-2023)

A signed, written claim shall be presented to the City by mailing or delivering it to the City Clerk, or by attaching it to an email address that the City Clerk designates in writing and publicizes on the City's website. The claim shall conform to the requirements of Section 910 of the Government Code or to a form provided by the City if such form is provided. Further, electronic filing of claims submitted pursuant to the Government Claims Act or this chapter are expressly authorized in accordance with Government Code Section 915(a)(3) and may be filed electronically using the electronic claims portal on the City's website.

(Ord. No. 398, § 1, 7-11-2023)

Unless otherwise provided in this chapter, the procedure for consideration and action upon all claims filed pursuant to this chapter shall be the same as the procedure provided and required by Sections 910.2 through 915.4, inclusive, of the Government Code, except Section 911.2. In accordance with Section 935 of the Government Code, the consideration and action upon claims presented pursuant to Section 3.08.050 of this chapter shall be the same as the procedure provided and required by Section 946.6 of the Government Code.

(Ord. No. 398, § 1, 7-11-2023)