Hayward Municipal Code Art. 4 Procedures for Claims and Actions for Money or Damages

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Note— (As added by Ordinance No. 82-014 C.S., adopted July 6, 1982)

Except as the provision or context otherwise requires, words and phrases used in this article shall have the same meaning as they do in the Government Claims Act, being Division 3.6 (commencing with Section 810) of Title 1 of the California Government Code, but shall otherwise be defined by the provisions of Article 2 of Chapter 1 of this code.

(Amended by Ordinance 17-09, adopted June 20, 2017)

Claims and actions for money or damages against the City of Hayward or its employees which are excepted by Section 905 of the California Government Code from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3, Division 3.6, Title 1, of said code, and which are not governed by any other statute or ordinance or regulation expressly relating thereto, shall be governed by the provisions of this article and by the provisions of said Division 3.6, Title 1, California Government Code, except to the extent that the latter provisions are inconsistent with any provisions of this article.

All claims for money or damages which are governed by the provisions of this article shall be presented and shall be processed as provided by the provisions of this article. No suit for money or damages may be brought against the City of Hayward or its employees on a cause of action for which a claim is required to be presented in accordance with the provisions of this article until a written claim therefor has been presented to the City of Hayward and has been rejected, in whole or in part, by the City of Hayward.

Written agreements entered into by or on behalf of the City of Hayward or its officers or employees may provide that all claims arising out of or related to such agreements must be presented no later than the one-hundredth (100th) day after accrual of the cause of action. Such agreements shall otherwise be subject to the provisions of this article.

Except as may otherwise be provided in this article, a claim relating to a cause of action which is subject to the provisions of this article shall be presented no later than one (1) year after the accrual of the cause of action.