Colton Municipal Code Ch. 3.04 Claims Against the City

The provisions of this chapter recognize that the general claim procedures applicable to the City and all Local public agencies are governed by the provisions of the California Government Code, Chapters 1 and 2 of Division 3.6, commencing with Section 900 and Following. The provisions of this chapter are enacted pursuant to Government Code Section 935 and Shall apply to all claims against the City for money or damages, including all claims which are excepted by Government Code Section 905, provided that such claims are not governed by any other statutes or regulations.

(Ord. 0-03-04 § 1 (part), 2004)

No suit subject to this chapter May be brought against the City until a claim has been presented to and acted upon by the City, pursuant to the provisions of Government Code Section 945.4. Any action brought against the City on a claim after it has been presented to and acted upon by the City Shall be subject to the provisions of Government Code Sections 945.6 and 946.

(Ord. 0-03-04 § 1 (part), 2004)

A. The City Council delegates authority to the City Manager and his or her designee to review all claims for sufficiency and to reject any and all claims. The City Council delegates to the City Manager authority to allow, compromise, or settle claims for an amount up to Fifty Thousand Dollars ($50,000). The City Council shall have the sole authority to allow, compromise, or settle claims for an amount in excess of Fifty Thousand Dollars (>$50,000)."

B. The City Manager may further delegate the settlement authority outlined in Section 3.04.030(A) of the Colton Municipal Code. Prior to such delegation of settlement authority, the City Manager shall develop or cause to be developed, policies and procedures as are necessary to encourage consistent application and provide guidance to designees regarding evaluation and settlement of potential claims.

(Ord. 0-03-04 § 1 (part), 2004)

(Ord. No. O-11-22, § 2, 3-7-2023)

A claim Shall be presented to the City Clerk by the claimant or by a Person acting on the claimant's behalf and Shall show all information as required by Government Code Section 910. The City Manager, or his or her Designee, Shall review all claims for sufficiency of information. The City Manager, or his or her Designee, may, within twenty Days of receipt of a claim, either personally deliver or mail to claimant a Notice stating deficiencies in the claim presented. If such Notice is delivered or sent to claimant, the City Shall not act upon the claim until at least fifteen Days after such Notice is sent.

(Ord. 0-03-04 § 1 (part), 2004)

Pursuant to Government Code Section 911.2, any claim specified in Section 3.04.010 of this chapter Shall be presented within the Following time limitations:

A. Claims relating to a cause of action for death, injury to Person or to Personal Property, or growing crops Shall be presented within six Months after the accrual of the cause of action.

B. Claims relating to any other cause of action Shall be presented within one Year after the accrual of the cause of action.

(Ord. 0-03-04 § 1 (part), 2004)

Pursuant to Government Code Section 912.4, the City Council or City Manager or his or her Designee Shall act on a claim within forty-five Days after the claim has been presented. By mutual agreement of the claimant and the City Council or City Manager or his or her Designee, such forty-five-Day period May be extended by Written agreement. If the claim is not acted on within forty-five Days, it Shall be deemed to have been rejected on the forty-fifth Day unless such time period has been extended, in which case it Shall be denied on the last Day of the period specified in the extension agreement.

(Ord. 0-03-04 § 1 (part), 2004)

Any Applicant who fails to file a claim within the time period required by Section 3.04.050 of this chapter May submit a Written Application to the City for leave to present a late claim, pursuant to the provisions of Government Code Section 911.4. The City Manager, or his or her Designee, Shall grant or deny the Application to present a late claim within forty-five Days after it is presented to the City, in accordance with the provisions of the Government Code Sections 911.6 through 912.2, inclusive.

(Ord. 0-03-04 § 1 (part), 2004)

Nothing in this chapter revives or reinstates any cause of action that, on the effective date of this chapter, is barred by failure to comply with any previously applicable statute, Ordinance, or regulation requiring the presentation of a claim prior to a suit subject to this chapter, or by failure to commence any action thereon within the period prescribed by an applicable statute of limitations.

(Ord. 0-03-04 § 1 (part), 2004)

Subject to Section 3.04.080, the provisions of this chapter Shall apply retroactively to any causes of action occurring prior to the effective date of this chapter; provided, however, that a claimant who has a cause of action occurring more than ten Months before the effective date of this chapter Shall file a claim within sixty Days after this chapter's effective date in accordance with its provisions or such claim Shall be barred.

(Ord. 0-03-04 § 1 (part), 2004)