HomeMy WebLinkAbout96-30 - Adding Chapter 1.06 to the Newport Beach Municipal Code Regarding Claims and Demands Against the City of Newport Beach for Actions Not Covered by the California Government Tort Claims ActORDINANCE 96- 30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING CHAPTER 1.06 TO THE
NEWPORT BEACH MUNICIPAL_ CODE REGARDING
CLAIMS AND DEMANDS AGAINST THE CITY OF
NEWPORT BEACH FOR ACTIONS NOT COVERED BY
THE CALIFORNIA GOVERNMENT TORT CLAIMS ACT.
. The City Council of the City of Newport Beach does hereby ordain as follows:
Section 1: Chapter 1.06 is added to the Newport Beach Municipal Code, to
read as follows:
CHAPTER 1,06
CLAIMS AND DEMANDS AGAINST THE CITY
Sections:
1.06.010 Purpose and Intent
1.06.020 Claims Against City
1.06.030 Application; Effective Date
1.06.010 Purpose and Intent. The Tort Claims Act (Government Code
Section 810 et seq.) provides that no suit for money or damages may be brought against
the City unless a claim has been timely presented to the City. The general claim
procedures are governed by the provisions of Chapter 1 of the Division 3.6 of the
Government Code of the State, commencing with Section 900 and following, which also
provide that local ordinances shall govern those claims which are excluded by the Act
and which are not expressly governed by another State statute.
The time periods and procedures for presenting a claim set forth in this Chapter
are intended to apply to all claims excluded by the Act or, not expressly governed by
statute, including claims which currently exist, whether or not they have been presented
to the City. This Ordinance is not intended to extinguish existing claims without providing
a reasonable period for the presentation of those claims.
1.06.020 Claims Against City
A. All claims and demands against the City for damages or money, which are
not governed by any other statute or regulation expressly related thereto,
including those claims exempted by Government Code Section 905, shall
be presented within the time and in the manner prescribed by Part 3 of
Division 3.6 of Title 1 (Section 900 et seq.) of the Government Code.
B. All claims or demands against the City shall be made in writing and filed
with the City Clerk. All claims shall be signed 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 signed by every member of that class
as required by this paragraph.
C. In accordance with Government (�3ode Sections 935 (b) and 945.4, all
claims shall be presented as provided in this section prior to the filing of suit
on such claims.
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Ord. 96 -30
1.06.030 Application: Effective Date.. As of the effective date of this
Chapter, the provisions of this Chapter shall be applicable to any claim described in this
Chapter which is not otherwise time - barred. If the application of the time periods
established by this Chapter would extinguish an existing claim which is not otherwise
time - barred, then the date by which that claim must be presented to the City shall be the
sooner of:
(i) the date any applicable claims period would have expired; or
(ii) six (6) months after the effective date; of this Chapter for claims described in
the first sentence of Government Code Section 911.2 or one (1) year after the effective
date of this Chapter for claims described in the second sentence of that Section. Nothing
in this Chapter shall be construed to extend the time for the presentation of any claim
which time was established by statute, ordinance, or other law in effect, prior to the
adoption of this Chapter.
Section 2: That if any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason, held to be invalid or unenforceable, such decision shall not
affect the validity or enforceability of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared invalid or
unenforceable.
Section 3: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City shall cause the same to be published once in the official
newspaper of the City and it shall be effective thirty (30) days after its adoption.
Section 4: This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the 12th day of August , 1996,
and adopted on the 26th day of August , 1996, by the following vote, to -wit:
AYES, COUNCIILMEMBERS O'Neil, Edwards,
ATTEST:
aKrOp t'/
CITY CLERK
F:\cat\debbie \ordinan\cla ims. doc
, Glover;, Watt, Hedges
NOES, COUNCILMEMBERS
None
ABSENT COUNCILMEMBERS
Cox
MAYOR