Rio Vista Municipal Code Ch. 3.41 Claims Against the City

The provisions of this chapter are enacted pursuant to Section 935 of the California Government Code.

(Ord. 648 § 1, 2010)

A. All claims against the city for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 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), as that part may be amended from time to time, and as further provided in this chapter.

B. All claims shall be made in writing and verified by the claimant as set forth in Section 3.41.030 of this chapter. In addition, all claims shall contain the information required by California Government Code Section 910.

(Ord. 648 § 1, 2010)

A claim may be filed by the claimant, or by the claimant's guardian, executor, conservator, or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of the class as required by this section.

(Ord. 648 § 1, 2010)

All claims shall be audited by the city clerk for compliance with this chapter and submitted to the city council for approval or rejection as provided for in California Government Code Section 37202.

(Ord. 648 § 1, 2010)

The city council shall act on a claim in the manner provided in Government Code Sections 912.4 and 912.6 within 45 days after the claim is filed with the city clerk. A claim shall be deemed rejected by operation of law if no action is taken by the city council within 45 days after the claim is filed with the city clerk.

(Ord. 648 § 1, 2010)

Nothing in this chapter revives or reinstates any cause of action that, on the effective date of the ordinance codified in this chapter, is barred by failure to comply with any previously applicable statute, ordinance, or regulation requiring the presentation of a claim prior to a suit for refund of taxes, fees, or assessments subject to this chapter, or by failure to commence any action thereon within the period prescribed by an applicable statute of limitations.

(Ord. 648 § 1, 2010)

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

(Ord. 648 § 1, 2010)

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

(Ord. 648 § 1, 2010)