Chapter 3.14 — DISPUTED CLAIMS AND DEMANDS

The chapter is enacted pursuant to Section 935 of the California Government Code. (Ord. 1009 § 2, 2002)

This chapter shall relate only to disputed obligations, claims and demands, setting forth the procedures for asserting such disputes or related lawsuits. (Ord. 1009 § 2, 2002)

All claims against the city for money or damages not otherwise governed by the Tort Claims Act, California Government Code Sections900 et seq., or another state law (hereinafter in this chapter, claims) shall be presented within the time, 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) for the claims to which that part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter. (Ord. 1009 § 2, 2002)

In accordance with California Government Code Section 935(b), all claims over the jurisdictional limit of the small claims court shall be presented as provided in this section and acted upon by the city council 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. If the city council refuses or neglects to allow or reject a claim for fortyfive days after it is filed with the city clerk, the claimant may treat such refusal or neglect as final action and rejection on the forty-fifth day.

(Ord. 1009 § 2, 2002; Ord. 1099 § 2, 2005)

The city manager, with the concurrence of the city attorney, shall be authorized to accept, settle, or reject, without prior approval of the city council, claims against the city that fall under Division3.6 of Title 1 of the Government Code or this chapter, provided that no allowance, compromise, or settlement shall exceed the jurisdictional limit of the small claims court. Upon the written order of the city manager and written concurrence of the city attorney, the city's insurance administrator shall cause to be issued a payment to the claimant on behalf of the city in the amount of which a claim has been allowed, compromised, or settled. In accordance with California Government Code Section 935(b), all claims under the jurisdictional limit of the small claims court shall be presented as provided in this section and acted upon by the city manager 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. If the city manager refuses or neglects to allow or reject a claim for forty-five days after it is filed with the city clerk, the claimant may treat such refusal or neglect as final action and rejection on the forty-fifth day. (Ord. 1099 § 3, 2005)

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA

REVENUE FINANCE

§ 3.14.050

§ 3.14.070

All claims shall be made in writing and 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 that class as required by this section. No city officer shall, except for his own service, present any claim, account or demand for allowance against the city, or in any way, except in the discharge of his official duty, advocate the relief asked in the claim or demand made by any other person.

(Ord. 1009 § 2, 2002)

• A. All claims shall contain the information required by California Government Code Section 910.

• B. A claim concerning a tax, assessment or fee directly or indirectly paid to the city shall also be accompanied by written records establishing the amount thereof and the person who made the payment.

• (Ord. 1009 § 2, 2002)

Any action brought against the 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 shall conform with the requirements of Sections 950-951 of the California Government Code.

(Ord. 1009 § 2, 2002)

Downloaded from https://ecode360.com/PA4981 on 2026-07-07

City of Palm Desert, CA

REVENUE FINANCE

§ 3.16.010

§ 3.16.030

CHAPTER 3.16 CONSTRUCTION FEE