Ione Municipal Code Ch. 2.60 Claims Presentation Procedures

A. Claims against the city for money, damages or refunds of money erroneously or illegally collected or paid which are exempted by California Government Code Section 905 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code and which are not governed by any other statutes or regulations expressly related thereto, shall be governed by this section.

B. A written claim, 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, conservator, executor or administrator, shall be presented within one year after the accrual of the cause of action underlying the claim for money or damages or after the payment of the amount sought to be refunded. Such claims shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code insofar as said divisions are not in conflict with this section.

C. No order of a refund may be made until a written claim therefore has been presented to the city in accordance with this section. No suit for money, damages or a refund may be brought against the city until a written claim therefore has been presented to the city council and has been acted upon or has been deemed to be rejected by the city council, in accordance with this section. Only the person who filed the claim may bring such a suit and if another person should do so, judgment shall not be rendered for the plaintiff.

D. Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the Government Code, written agreements entered into by or in behalf of the city may provide all claims arising out of or related to the agreement must be presented not later than six months after the accrual of the cause of action, and such claims shall be governed by the provisions of this section.

(Ord. 355 §1, 1996)