Montclair Municipal Code Ch. 1.16 Claims

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

B. Claims Presentation Procedures. AH claims and demands 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 (hereinafter "claims") shall be presented within the timeframe and in the manner prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code (commencing with Section 900 thereof), as those provisions now exist or shall hereafter be amended from time to time, and as further provided in this chapter.

C. Form of Claim. All claims shall be made in writing and filed with the City Clerk or designee. All claims shall be verified by the claimant or by his/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 et seq. The City may provide a claim form pursuant to Government Code Section 910.4 specifying the information to be contained in any claim against the City.

D. Audit. All claims shall be audited by the City Clerk or designee for compliance with this chapter and submitted as required for approval or rejection as provided for in California Government Code Section 37202.

E. Claim Prerequisite to Suit. In accordance with California Government Code Sections 935(b), 945.4, and 945.6, all claims shall be presented as provided in this chapter and acted upon by the City prior to the filing of any action on such claims; and no such action may be maintained by a person who has not complied with the requirements of this chapter.

F. Suit. Any legal action brought against the City upon any claim or demand shall conform to the requirements of Government Code Sections 940—949. Any action brought against any employee of the city shall conform to the requirements of California Government Code Sections 950—951.

(Ord. No. 10-912, § 1, 2-16-10)