Long Beach Municipal Code Ch. 3.48 Claims and Refunds

Except as set forth below, the City Attorney is authorized to settle or compromise any claim or litigation, against the City or any officer, agent or employee thereof, without prior consent of the City Council, in an amount not to exceed fifty thousand dollars ($50,000.00) as to any single person, firm or corporation. With regard to workers' compensation claims, the City Attorney is authorized to settle or compromise any claim or litigation without the prior consent of the City Council in an amount not to exceed fifty thousand dollars ($50,000.00) as to any single person, firm or corporation. The City Attorney is authorized to settle or compromise any claim of fifty thousand dollars ($50,000.00) or less that the City has against other persons. The City Attorney is also authorized to execute and deliver to said other persons any instrument in writing necessary or advisable in connection with any settlement. Payment or settlement of all other claims shall be pursuant to authority granted by the City Council, and the City Attorney shall notify the City Council of any claims of fifty thousand dollars ($50,000.00) or less which are paid or compromised pursuant to the authority provided in this Section.

(ORD-15-0005 § 1, 2015; ORD-07-0011 § 1, 2007: Ord. C-5921 § 1, 1982: prior code § 2710)

A. The Director of Financial Management is authorized and directed to terminate further efforts to collect, and to order removed from the accounts of the City, any account or claim of one thousand dollars ($1,000.00) or less, or portion thereof, that the City has against any other person, firm, or corporation in any of the circumstances set forth in Subsection C. of this Section.

B. The City Manager is authorized and directed to terminate further efforts to collect, and to order removed from the accounts of the City, any account or claim in excess of one thousand dollars ($1,000.00), or portion thereof, that the City has against any other person, firm, or corporation in any of the circumstances set forth in Subsection C. of this Section.

C. Collections may be terminated pursuant to Subsections A. or B. of this Section in, and only in, one (1) or more of the following circumstances:

1. The collection of the account or claim is barred by the statute of limitations;

2. The department initially responsible therefor, collection services, any collection agency with whom the City has contracted to collect such account or claim, and the City Attorney have exhausted every reasonable means of collecting the account or claim and the Director of Financial Management under Subsection A., or the City Manager under Subsection B. of this Section, is of the opinion that further efforts to collect the account or claim will constitute an idle and useless act and an unnecessary expenditure of public funds;

3. An account or claim or portion of an account or claim which is the subject of a settlement or compromise agreement authorized by the City Council;

4. That portion of an account or claim in excess of small claims court jurisdiction which the City Attorney has advised should be waived and which is not recoverable from the judgment debt or following judgment by the small claims court on the account or claim; or

5. The collection account represents the portion of an account otherwise due and owing that is in excess of maximum payment received from Medicare/Medicaid for the payment of that account.

(Ord. C-6510 § 1, 1988: Ord. C-5388 § 1, 1978: prior code § 2710.1)

Unless expressly prohibited by any other ordinance of, or law applicable to, the City, so much of any money paid to the City by any person may be refunded to him or her, as will equal:

A. The amount paid, if it is determined that no law or ordinance required the making of such payment;

B. The amount paid in excess of the payment required by any law or ordinance;

C. The amount paid, if the application is withdrawn by such person prior to the City taking any action thereon, or having incurred any expense in connection therewith;

D. The amount paid for the participation in an event prior to the occurrence thereof, and which event, as to such person, did not occur, and the City did not incur any expense by reason thereof;

E. The amount paid to reimburse the City for its expense in making an investigation in connection with an application filed by such person if such application is withdrawn prior to there having been made any substantial investigation.

(Prior code § 2715)

The refund may be made to the person who paid the money under any of the following conditions:

A. If the amount paid is one thousand dollars ($1,000.00) or less and if the department head to which the money was paid authorizes the refund in accordance with prior written authorization of and subject to conditions imposed by the City Manager;

B. If the amount paid is fifty thousand dollars ($50,000.00) or less and if the department head to which the money was paid, with the approval of the City Attorney, authorizes the refund; provided, however, that refunds of one thousand dollars ($1,000.00) or less made in accordance with the provisions of Subsection A. of this Section shall not require the approval of the City Attorney;

C. If the amount paid is more than fifty thousand dollars ($50,000.00) and the department head to which the money was paid, with the approval of the City Attorney and the City Council, authorizes the refund.

(ORD-22-0030 § 1, 2022; ORD-06-0011 § 1, 2006: Ord. C-6664 § 1, 1989: Ord. C-5558 § 1, 1980: Ord. C-5377 § 1 (part), 1977: prior code § 2715.1)

If the person entitled to the refund is an individual and such person becomes deceased, the refund may be made to such person entitled to receive the money.

(Prior code § 2715.2)

Any refund made pursuant to this Chapter must be authorized by the department head with the approval of the City Attorney or the City Attorney and the City Council, provided the refund is made within one (1) year after payment of the money to the City, or if an application for a refund is filed by the person entitled to the money, the application therefor must be filed within such one (1) year period.

(Ord. C-5377 § 1 (part), 1977: prior code § 2715.3)

If any ordinance of the City or any law applicable thereto expressly authorizes, in certain contingencies, the making of a refund of money paid to the City or prescribes the procedure therefor, such ordinance shall control in making the refund. The Council declares that its intent, in adopting this Chapter, is to provide for the making of refunds of money paid to the City, under the conditions set forth in this Chapter, not otherwise expressly prohibited by any ordinance or law applicable to the City or not otherwise expressly authorized by such ordinance or law.

(Prior code § 2715.4)