King City Municipal Code Ch. 2.50 Claims Presentation Procedure

Note: Prior ordinance history: Ord. 635.

Pursuant to the authority granted the city by California Government Code Section 935, all claims against the city for money or damages which are excepted from the requirement of the presentation of claim by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the California Government Code, and which are not governed by the procedures prescribed in this chapter.

(Ord. 662 § 1, 2006)

All claims against the city shall be made in writing and be 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 such putative class as required by this section. All claims against the city shall be presented to the city by delivering or mailing the claim to the city clerk in the manner prescribed in this chapter. All claims shall set forth:

(1) The name and address of the claimant;

(2) The post office address to which the person presenting the claim desires notices to be sent;

(3) The date, place and other factual circumstances of the occurrence or transaction which gave rise to the claim asserted;

(4) A statement of the specific grounds upon which the claim is founded;

(5) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim;

(6) The name or names of the public employee or employees causing the injury, damage or loss, if known; and

(7) The amount claimed if it totals less than ten thousand dollars as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars, no dollar amount shall be included in the claim. However, it shall indicate whether jurisdiction over the claim would rest in municipal or superior court.

(Ord. 662 § 1, 2006)

(a) If a claim is presented or sent by mail under this chapter, or if any notice under this chapter is given by mail, the claim or notice shall be mailed in the manner prescribed in this section.

(b) The claim or notice must be deposited in the United States post office, or a mailbox, subpost office, substation, or mail chute, or other like facility regularly maintained by the United States Postal Service, in a sealed envelope, properly addressed, with certified postage paid and return receipt requested.

(c) If mailed in accordance with subsection (b) of this section, the claim or notice shall be deemed to have been presented and received at the time of the deposit.

(Ord. 662 § 1, 2006)

If in the opinion of the city clerk, or his/her designee, a claim as presented fails to comply substantially with the requirements of this chapter, the city clerk or his/her designee may, at any time within twenty-one days after the claim is presented, give written notice of its insufficiency, stating with particularity the defects or omission therein. Failure of the city clerk to provide notice of insufficiency shall not operate as a waiver of any defenses the city may have based on the sufficiency of the claim.

(Ord. 662 § 1, 2006)

Pursuant to Section 935.4 of the Government Code of California, the city manager or the manager’s designee shall be authorized to accept, settle or reject without prior approval of the city council, claims against the city, provided that no allowance, compromise or settlement shall exceed one thousand dollars. Upon the written order of the city manager or the manager’s designee, claims shall be processed for approval and payment pursuant to procedures established by the city’s insurance coverage process and pursuant to state law.

(Ord. 662 § 1, 2006)

(a) Written notice of the action taken under Section 2.50.050 or the inaction which is deemed rejection under Section 2.50.050 of this chapter shall be given to the person who presented the claim.

(b) Such notice may be given by mailing it to the address, if any, stated in the claim as the address to which the person presenting the claim desires notice to be sent. If no such address is given, notice may be given by mailing it to any address the claimant sets forth in the claim.

(c) No notice need be given when the claim fails to state either an address to which the person presenting the claim desires notices to be sent or an address of the claimant.

(Ord. 662 § 1, 2006)

(a) No suit for money or damages may be brought against the city on a cause of action for which a claim is required to be presented in accordance with this chapter unless and until a written claim therefor has been presented to the city and has been acted upon by the city council, or has been deemed to have been rejected by the city council, in accordance with Section 2.50.050 of this chapter.

(b) Any suit brought against the city on a cause of action for which a claim is required to be presented and acted upon in accordance with this chapter must be commenced not later than six months after the date the written notice is personally delivered or deposited in the mail in accordance with Section 2.50.060 of this chapter.

(c) Any action brought against the city of King City upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the city of King City shall conform with the requirements of Sections 950-951 of the California Government Code.

(Ord. 662 § 1, 2006)

Notwithstanding the exemptions set forth in Section 905 of the California Government Code, all claims against the city for money or damages, when a procedure for processing such claims is not otherwise mandated by state laws, shall be presented not later than one year after the accrual of the cause of action.

(Ord. 662 § 1, 2006)