Waterford Municipal Code Ch. 1.30 Claims Procedure

Pursuant to the authority contained in Section 935 of the Government Code of the state of California, the following claims procedures are established for those claims against the city of Waterford for money or damages not now governed by state or local laws.

(Ord. 97-09 §1, 1994)

Notwithstanding the exemptions set forth in Section 905 of the Government Code of the state of California, all claims against the city of Waterford for damages or money, when a procedure for processing such claims is not otherwise provided by state or local laws, shall be presented within the time limitations and in the manner prescribed by Sections 910 through 915.2 of the Government Code of the state. Such claims shall further be subject to the provisions of Section 945 through 946 of the Government Code of the state relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the council.

Claims regarding tax assessments and fees against the city of Waterford for money or damages which are excepted by Section 905 from the Government Code (commencing with Section 900) in Chapter 2 (commencing with Section 910) which are not governed by any other statutes or regulations relating thereto, shall be governed by the procedures set forth in Chapter 1.30.

A claim shall be presented and acted upon by the city of Waterford, as a prerequisite to filing of a suit thereon. The claim shall be subject to the provisions of Government Code Section 945.6 and Section 946.

Claims for a refund of tax, assessment, or fees, must be presented within six months after the date the fee, tax or assessment was paid. In the event, the fee, tax or assessment is not paid or paid late, the time period shall run six months from the date upon which the fee, tax or assessment was due to be paid to the city.

Government Code Section 911.4, Section 911.6 to Section 912.2 inclusive, and Section 946.4 and Section 946 are applicable to all claims set forth in the ordinance codified in this chapter.

In the event a shorter time period is otherwise provided for the time in which a claim or litigation shall commence, the shorter time period shall prevail.

(Ord. 01-05 §1, 2001)