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HomeMy WebLinkAbout2120 ORDINANCE NO. 2120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE 1, CHAPTER 9 OF THE ARCADIA MUNICIPAL CODE ESTABLISHING PROCEDURES FOR PROCESSING CLAIMS AGAINST THE CITY THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: . SECTION 1. Article 1, Chapter 9 of the Arcadia Municipal Code is hereby deleted in its entirety and restated to read as follows: Chapter 9 CLAIMS AGAINST THE CITY Sections: 1900 Applicability of chapter. 1901 Presentation of claims - Prerequisite for bringing suit. 1902 Authority of City Manager. 1903 Contents of claim - Review for sufficiency. 1904 Time limitation for presentation of claims. 1905 Time for action by City. 1906 Application to file a late claim. 1907 Time barred claim. 1908 Effective date of chapter. 1900 - APPLICABILiTY; OF CHAPTER. The provisions of this chapter are enacted pursuant to Government Code section 935 and shall apply to all claims --..., against the City for money or damages, provided that such claims are not governed by any other statutes or regulations. 2120 1901. PRESENT A nON O~ CLAIMS - PREREQUISITE FOR BRINGING SUIT. No suit subject to this chapter may be brought against the City until a claim has been presented to and acted upon by the City. Any action brought against the City on a claim after it has been presented to and acted upon by the City shall be subject to the provisions of Government Code sections 945.6 and 946. 1902. AUTHORITY OF CITY MANAGER. The City Council delegates authority to the City Manager and his or her designee to review all claims for sufficiency and to rejedany'anllall ciaims:. The City Council delegates to the City Manager authority to allow, compromise, or settle claims for an amount up to ten thousand dollars ($10,000). The City Council shall have sole authority to allow, compromIse, or settle claims for an amount in excess of ten thousand dollars ($10,000). 1903. CONTENTS OF CLAIM - REVIEW FOR SUFFICIENCY. A claim shall be presented to the City Clerk by the claimant or by a person acting on the claimant's behalf and shall show all iriformation as required by Government Code section 910. The City Manager, or his or her designee, shall review all claims for sufficiency of information. The City Manager, or his or her designee, may, within twenty (20) days of receipt of a claim, either personally deliver or mail to claimant a notice stating deficiencies in the claim presented. If such notice is delivered or .2 . 2120 sent to claimant, the City shall not act upon the claim until at least fifteen (15) days after such notice is sent. 1904. TIME LIMITATION FOR PRESENTATION OF CLAIMS. Any claim specified in Section 1900 of this chapter shall be presented within the following time limitations: a) Claims relating to a cause of action for death, injury to person or to personal property, or growing crops shall be presented within six (6) months after the accrual of the cause of action. b) Claims relating to any other cause of action shall be presented within one (1) year after the accrual of the cause of action. 1905. TIME FOR ACTION BY CITY. The City Councilor City Manager or his or her designee shall act on a claim within forty-five (45) days after the claim has been presented. By mutual agreement of the claimant and the City Councilor City Manager or his or her designee, such forty-five (45) day period may be extended by written agreement. If the claim is not acted on within forty- five (45) days, it shall be deemed to have been rejected on the forty- fifth (45th) day unless such time period has been extended, in which case it shall be denied on the last day of the period specified in the extension agreement. 3 2120 1906. APPLICATION TO FILE A LATE CLAIM. Any applicant who fails to file a claim within the time period required by Section 1904 of this chapter may . submit a written application to the City for leave to present a late claim, pursuant to the provisions of Government Code section 911.4. The City Manager, or his or her designee, shall grant or deny the application to present a late claim within forty-five (45) days after it is presented to the City, in accordance with the provisions of the Government Code sections 911.6 through 912.2, inclusive. 1907. TIME BARRED CLAIM. Nothing in this chapter revives or reinstates any cause of action that, on the effective date of this chapter, is barred by failure to comply with any previously applicable statute, ordinance, or regulation requiring the presentation of a claim prior to a suit subject to this chapter, or by failure to commence any action thereon within the period prescribed by an applicable statute of limitations. 1908. EFFECTIVE DATE OF CHAPTER. Subject to Section 1907, the provisions of this chapter shall apply retroactively to any causes of action occurring prior to the effective date of this chapter; provided, however, that a claimant who has a cause of action occurring more than ten months before the effective date of this chapter shall file a claim within sixty (60) days after this chapter's effective date in accordance with its provisions or such claim shall be barred." 4 2120 SECTION 2: The provIsIons of this ordinance are severable and the invalidity of any section, paragraph, phrase, clause or part of this ordinance shall not affect the validity or effectiveness ofthe remainder of this ordinance. . SECTION 3: This Ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 4: The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy or summary of same to be published in the official newspaper designated by the City of Arcadia within fifteen (15) days after its adoption. Passed, approved and adopted this 18th day of July ,2000. ATTEST: ,d City . APPROVED AS TO FORM ~'." . . rr~'/J."l~ Stephen P. Deitsch City Attorney 5 2120 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2120 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 18th day of July, 2000 and that said Ordinance. adopted by the following vote, to wit: AYES: Councilmember Chandler, Chang, Marshall, Segal and Kovacic NOES: None ABSENT: None 6 2120