Tehama County Municipal Code Ch. 1.05 Claims Against the County

This chapter is enacted pursuant to Government Code section 935.

(Ord. No. 1971, § 1, 10-23-2012)

All claims against the County of Tehama for money or damages not otherwise governed by the Government Claims Act (Government Code sections 900 et seq.) or another statute or regulation expressly relating thereto (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 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. No. 1971, § 1, 10-23-2012)

All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. In addition, all claims shall contain the information required by Government Code Section 910. The foregoing reference to Government Code Section 910 shall not be construed to authorize a class claim, and no claim may be filed on behalf of a class of persons unless verified by every member of that class.

(Ord. No. 1971, § 1, 10-23-2012)

In accordance with Government Code sections 935, subdivision (b) and 945.6, all claims shall be presented as provided in this chapter and acted upon by the county 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.

(Ord. No. 1971, § 1, 10-23-2012)

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

(Ord. No. 1971, § 1, 10-23-2012)

A. This chapter applies to all claims described in Section 1.05.020 heretofore or hereafter accruing.

B. Nothing in this chapter revives or reinstates any claim or cause of action that, on the effective date of the ordinance enacting this chapter, is barred either by failure to comply with any applicable statute, charter or ordinance requiring the presentation of a claim or by failure to commence an action thereon within the period prescribed by an applicable statute of limitations.

C. Subject to subdivision (b) of this section, where a claim described in Section 1.05.020 accrued prior to the effective date of the ordinance enacting this chapter, and a written claim thereon has not been presented prior to the effective date of said ordinance, a written claim shall be presented in compliance with this chapter, and for the purposes of this chapter such claim shall be deemed to have accrued on the effective date of the ordinance enacting this chapter.

(Ord. No. 1971, § 1, 10-23-2012)