Yreka Municipal Code Ch. 1.28 Public Entity Claims

(a) This procedure is added pursuant to Government Code Section 935.

(b) Claims against the city for money or damages by the state, a California department or agency or by any local public entity as defined in Government Code Section 900.4 shall be presented and acted upon as a prerequisite to suit thereon. Any action brought against the city on any such claim shall be subject to the provisions of Government Code Sections 945.6 and 946.

(c) Any such claims shall be presented within the time period set forth in Government Code Section 911.2.

(d) Actions upon any such claims by the city shall be within the time period set forth in Government Code Section 912.4.

(e) When a claim pursuant to this section is required to be presented within a period of less than one year after the accrual of the cause of action and which claim is not presented within the required time, an application may be made to the city for leave to present such claim. Subdivision (b) of Section 911.4, Sections 911.6 to 912.1, inclusive, and Sections 946.4 and 946.6 of the Government Code are applicable to all such claims, and the time specified in this section shall be deemed the time specified in Section 911.2 within the meaning of Section 911.6 and 946.6.

(Ord. 763 § 1, 2001; Ord. 752, 1999).

(a) This section is enacted pursuant to Section 935 of the California Government Code.

(b) Claims Required. All claims against the city for money or damages not otherwise governed by the Tort Claims Act, California Government Code Section 900 et seq., or another state law (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 California Government Code (commencing with Section 900) 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 section.

(c) Form of Claim. All claims shall be made in writing and verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim 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.

(d) Claim Prerequisite to Suit. In accordance with California Government Code Section 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 subsection (b).

(e) Suit. Any action brought against the city of Yreka upon any claim or demand shall conform to the requirements of Sections 940—949 of the California Government Code. Any action brought against any employee of the city of Yreka shall conform with the requirements of Sections 950—951 of the California Government Code.

(Ord. 763 § 2, 2001).