Cupertino Municipal Code Ch. 1.18 Claims Against the City

This article is enacted pursuant to Section 935 of the California Government Code.

(Ord. 1988, (part), 2006)

All claims against the City for money or damages not otherwise governed by the Tort Claims Act, California Government Code Sections 900 et seq., or otherwise State law (hereinafter in this division, "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 be which that part applies by its own terms, as those provisions now exist or shall hereinafter be amended, and as further provided by this section.

(Ord. 1988, (part), 2006)

All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, an claims shall contain the information required by California Government Code Section 910. A claim may be submitted to the City electronically via the City's website on a form approved by the City Clerk.

(Ord. 1988, (part), 2006; Ord. 23-2252, Att. A (part), 2023)

In accordance with California Government Code Section 935(b) and 945.6, all claims shall be presented as provided in this chapter and acted upon by the City Manager 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 this chapter.

(Ord. 1988, (part), 2006)

Any action brought against the City of Cupertino upon any claim or demand shall conform to the requirements ofSection 940-949 of the California Government Code. Any action brought against any employee of the City of Cupertino shall conform with the requirements of Section 950-951 of the California Government Code.

(Ord. 1988, (part), 2006)

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 1.18.015 of this code.

(Ord. 2054, 2010)

2: ADMINISTRATION AND PERSONNEL