Victorville Municipal Code Ch. 2.24 Claims and Demands

Footnotes:

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Editor's note— Ord. No. 2375, § 3, adopted October 3, 2017, amended chapter 2.24 in its entirety to read as herein set out. Former chapter 2.24, §§ 2.24.010—2.24.120, pertained to similar subject matter. See Code Comparative Table and Disposition List for complete derivation.

For the purposes of this chapter, the following definitions shall apply:

(1) "City manager" means the city manager of the City of Victorville ("city"), or such designee or designees as he/she shall specifically authorize in writing to act on his/her behalf.

(2) "Finance director" means the finance director of the city or such designees as he/she shall authorize in writing to act on his/her behalf.

(3) "Risk manager" means the risk manager of the city or such designees as he/she shall authorize in writing to act on his/her behalf.

(Ord. No. 2375, § 3, 10-3-17)

(a) All claims against the city for money or damages, including: (i) those claims not otherwise governed by the provisions of California Government Code Section 900 et seq. or another state law; and (ii) those claims excepted by the provisions of Government Code Section 905 which are not governed by any other statutes or regulations expressly relating thereto (hereinafter in this section, "claims"), shall be presented within the time, and in the manner, prescribed by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of the California Government Code, as those provisions now exist or shall hereafter be amended, and as further provided in this section.

(b) All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claims 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. Claims shall be made on forms prescribed by or acceptable to the risk manager.

(c) In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this section 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 section.

(d) Any action brought against the city upon any claims shall conform to the requirements of Sections 940 through 949 of the California Government Code. Any action brought against any employee of the city shall comply with the requirements of Sections 950 through 951 of the California Government Code.

(e) The city council hereby delegates authority to the city manager to review all claims for sufficiency and to reject any and all claims. The city council further delegates to the city manager authority to allow, compromise, or settle claims as may be appropriate if the amount to be paid pursuant to such allowance, compromise, or settlement does not exceed fifty thousand dollars or the amount of the city's self insured retention (SIR), whichever is less.

(f) Prior to seeking judicial relief with respect to a dispute regarding a tax, fee or other charge imposed by the city, an aggrieved taxpayer, fee payer or other person must: (i) exhaust any administrative remedies specified by any other provision of this Code or other applicable law; (ii) pay the full amount owed, including applicable penalties and interest; and (iii) present a claim for refund as set forth in this Section 2.24.020. For purposes of this subsection, the term "city" shall include any agency, district, or entity formed or governed by the city.

(g) The provisions of Section 2.24.020 shall not apply to the authority of the finance director, the city council, and other city officers to process and pay in the ordinary course of business, the just obligations of the city, such as routine salaries and wages, principal and interests on bonds, payments for purchases made and services rendered, and other like expenditures for which there is an express budget appropriation, and in connection with which there is no dispute as to the obligation and amount being payable. Such payments are governed by the following sections of this chapter.

(Ord. No. 2375, § 3, 10-3-17)

No payment shall be made from the city treasury or out of the funds of the city unless the demand which is to be paid is duly audited and approved as prescribed by the following sections or by other applicable provisions of law.

(Ord. No. 2375, § 3, 10-3-17)

Except for those claims for money or damages subject to the provisions of Section 2.24.020 of this chapter, every claim and demand for payment received by the city shall be first be provided to and approved in writing by the receiving city department or office. Such receiving city department shall indicate the budgetary account to which the demand is to be charged after verifying that:

(1) The delivery or rendition of the supplies, materials, property or service for which payment is claimed have actually and satisfactorily occurred; and

(2) The quality and prices correspond with the original specifications, purchase orders, and/or contracts, if any, upon which the demand for payment is based; and

(3) The demand in all other respects is proper and valid.

(Ord. No. 2375, § 3, 10-3-17)

Each demand approved by the receiving city department or office shall be presented to the finance director who shall audit same to determine whether:

(1) The demand is legally due and owing by the city;

(2) There are budgeted or otherwise appropriated funds available to pay the demand;

(3) The demand conforms to a valid requisition or purchase order;

(4) The prices and computations shown on the demand are verified;

(5) The demand contains the approval of other departments and officials as required.

(Ord. No. 2375, § 3, 10-3-17)

(a) Prepayment of demands prior to approval by the city council may be made by the finance director in conformity with the authority provided by California Government Code Section 37208.

(b) Whenever the finance director determines that a refund is due of fees, taxes or other receipts collected in error or in advance of being earned, or of money the refund of which is otherwise due pursuant to specific provisions of this Code or of any other ordinance or resolution of the city, then any such refund not in excess of five thousand dollars may be deemed as conforming to the currently approved budget, and may be prepaid in the same fashion as other demands encompassed within the terms of subsection (a) of this section.

(Ord. No. 2375, § 3, 10-3-17)

Upon completing the audit of demands, the finance director shall prepare a register of audited demands showing the claimant's name, amount of demand, the warrant number and date thereof, and transmit said register, together with his/her approval or other report, to the city manager for his/her review and presentation to the city council.

(Ord. No. 2375, § 3, 10-3-17)

The register of demands shall be presented to the city council at the next regular meeting following the preparation thereof. The city council may by resolution or minute order/action approve, conditionally or partially approve, or reject such register of demands and in connection therewith consider the recommendations of the finance director and the city manager.

(Ord. No. 2375, § 3, 10-3-17)

Following approval of the register of demands by the city council, the finance director and the city manager shall endorse the resolution or minute order/action approving the register of audited demands to signify there was proper processing of the demands therein before the city council took action.

(Ord. No. 2375, § 3, 10-3-17)

(a) Except as specified in Section 2.24.110 of this chapter and subject to the provisions of subsection (b) of this section, upon receipt of a refund request for an undisputed amount, or when the finance director so determines upon his/her own investigation, so much of any money paid to the city by any person may be refunded to him or her, as will equal:

(1) The amount paid, if it is determined by the city that no law, ordinance, resolution, city policy, contract or any form of claim by or debt to the city required the making of such payment; or

(2) The amount paid that the city determines was in excess of the payment required by any law, ordinance, resolution, city policy, contract, or any form of claim by or debt to the city, or;

(3) The amount paid in connection with an application for a license, permit or other city service, if the application is withdrawn by such person prior to the city taking any action thereon, or having incurred any expense in connection therewith, or;

(4) The amount paid by a person for the participation in an event prior to the occurrence thereof, and which event, as to such person, did not occur, and the city did not incur any expense by reason thereof; or

(5) The amount paid to reimburse the city for its estimated expenses in making an investigation in connection with an application for a license, permit, or service filed by such person if such application is withdrawn prior to any substantial investigation having been performed by the city.

(b) Unless the finance director finds that the money to be refunded was collected or received primarily through the mistake of the city, there shall be deducted from each refund paid a sum equal to the administration and clerical costs entailed by the refund transaction, provided that such deduction shall not be more than twenty percent of the amount otherwise refundable, nor less than two dollars.

(Ord. No. 2375, § 3, 10-3-17)

The refund provisions of Section 2.24.100 shall not apply if any provision of this Code, a city ordinance, or any other law applicable to the city expressly authorizes, in certain contingencies, the making of a refund of money paid to the city or prescribes the procedure therefor. The city council declares that its intent in adopting Section 2.24.100 is to provide for the making of refunds of money paid to the city under the conditions set forth in that section, and which are not otherwise expressly prohibited or authorized by any provision of this Code, a city ordinance, or any other law applicable to the city.

(Ord. No. 2375, § 3, 10-3-17)