Hawthorne Municipal Code Ch. 2.62 Claims Against the City for Money or Damages

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

(Ord. 2048 § 3, 2013)

A. Claims against the city for money or damages not otherwise governed by the Government Tort Claims Act, California Government Code Section 900 et seq., or other state law, shall be governed by the procedure described in this chapter.

B. The procedure for presentation of and action upon claims for money and damages subject to subsection A of this section shall be the same as for all other claims required to be submitted and acted upon prior to commencement of suit under the provisions of Title 1, Division 3.6 (commencing with Section 810) of the California Government Code, as may be amended from time to time. Any action brought against the city on any such claim shall be subject to the provisions of Sections 945.6 and 946 of the California Government Code.

C. When a claim required by subsection B to be presented within a period of less than one year after the accrual of the cause of action is not presented within the required time, an application may be made to the city for leave to present such claim. Subdivision (b) of Section 911.4, Sections 911.6 to 912.2, inclusive, and Sections 946.4 and 946.6 of the California Government Code are applicable to all such claims, and the time specified in subsection B shall be deemed the "time specified in Section 911.2" within the meaning of Sections 911.6 and 946.6 of the Government Code.

(Ord. 2048 § 3, 2013)

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, all claims shall contain the information required by California Government Code Section 910 and shall be presented to the city by delivering the claim to the city clerk.

(Ord. 2048 § 3, 2013)

All claims shall be audited by the city clerk for compliance with this chapter and submitted to the city council for approval or rejection as provided for in California Government Code Section 37202.

(Ord. 2048 § 3, 2013)

In accordance with California Government Code Sections 935(b) and 945.5, all claims shall be presented as provided in this chapter and acted upon by the city prior to the filing of any legal action on such claims. The time for city council to take action on any claim shall be the time provided in Government Code Section 912.4. No such action may be maintained by a person who has not complied with the requirements of this chapter.

(Ord. 2048 § 3, 2013)

Any legal action brought against the city upon any claim or demand shall conform to the requirements of Government Code Sections 940 through 949. Any action brought against any employee of the city shall conform with the requirements of California Government Code Sections 950 and 951.

(Ord. 2048 § 3, 2013)