Tehachapi Municipal Code Ch. 1.24 Lot Claims Procedure

The purpose of this chapter is to establish local claims procedures as authorized by Government Code Section 935 to govern money or damage claims brought against the city that are exempt from state law claims procedures under the Tort Claims Act (Government Code Sections 900 et seq.).

(Ord. 98-05-639 § 1(part), 1998)

Pursuant to Government Code Section 935, the city council establishes the following claims procedures to apply to those claims against the city that are exempt from the Tort Claims Act under Government Code Section 905 and which are not governed by other statutes or regulations which expressly relate thereto.

A. All claims for money or for damages against the city that are exempt from the claims procedures of the Tort Claims Act under Government Code Section 905 and that are not governed by any other statute or regulation expressly relating to such claim shall be presented to the city within the time limitations and in the manner set forth in Government Code Sections 910 through 915.4. All such claims must be made within the time specified in Government Code Section 911.2.

B. When a claim required by this chapter to be presented within a period of less than one year after the accrual of the cause of action is not presented within the required time, an application for leave to file a late claim may be made and processed in accordance with Government Code Sections 911.4(b), 911.6 to 912.2, inclusive, 946.4 and 946.6. A late claim shall also be subject to Government Code Section 946.4.

C. The Tehachapi city council shall take action upon a claim within the time specified in Government Code Section 912.4.

D. The claim shall be subject to the provisions of Government Code Section 945.4 relating to the prohibition of lawsuits until the presentation of and action on a claim. No lawsuit 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 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 procedures at Government Code Sections 910 through 915.4.

E. Any lawsuit brought against the city on a claim subject to this chapter shall be subject to the provisions of Government Code Sections 945.6 and 946. Any lawsuit against the city on a claim subject to this chapter must be commenced within the time limitations of Government Code Section 945.6.

(Ord. 98-05-639 § 1(part), 1998)