Earlier editions: 2026-09
El Cerrito Municipal Code Ch. 1.12 Monetary Claims Against the City
El Cerrito Municipal Code · 2026-10 edition · updated 2026-10-04 · El Cerrito
Cite as: El Cerrito Municipal Code Chapter 1.12 · Text as of 2026-10-04
1.12.010 - Authority.¶
This chapter is enacted pursuant to Section 935 of the Government Code.
(Ord. 2001-5 Div. 1 (part), 2001.)
1.12.020 - Scope of chapter.¶
This chapter shall govern all claims against the city for money, damages, or refunds of money erroneously or illegally collected or paid which do not fall under the California Government Claims Act (Government Code, Title 1, Division 3.6) or are exempted by Government Code Section 905 from the Act's claim filing procedures (Government Code, Title 1, Division 3.6, Part 3, Chapters 1 and 2), and which are not governed by other statutes or regulations expressly related thereto.
(Ord. 2001-5 Div. 1 (part), 2001.)
1.12.030 - Claims procedures.¶
All claims for money or damages against the city shall be presented to the city clerk. A claim must be in writing and the claim must be verified by the person who claims to be entitled to be paid the money or damages, or who has paid the money sought to be refunded, or by his or her guardian or conservator or the executor or administrator of his or her will or estate. The claim must be presented within one year after the accrual of the cause of action underlying the claim for money or damages or within one year after the payment of the amount sought to be refunded, whichever comes first. Such claims shall be presented and processed as provided in Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code insofar as said provisions are not in conflict with this section. No claim may be filed on behalf of a class of persons unless the claim is verified by every member of that class.
(Ord. 2001-5 Div. 1 (part), 2001.)
1.12.040 - Refunds—Litigation.¶
No order of a refund may be made until a written claim therefor has been presented to the city in accordance with this chapter. No action or proceeding seeking money or damages may be brought against the city until a written claim therefor has been presented to the city and has been acted upon or has been deemed to be rejected by the city in accordance with this chapter. Only the person who filed the claim may bring such an action or proceeding; and if another person should do so, judgment shall not be rendered for the plaintiff. Class claims shall not be permitted unless the claim required by Section 1.12.030 was verified by every member of that class.
(Ord. 2001-5 Div. 1 (part), 2001.)
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