Ord 548ORDINANCE NO. 548
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA, ADDING CHAPTER 1.18 TO TITLE 1 AND AMENDING
SECTIONS 3.08.060 AND 3.16.120 OF TITLE 3 OF THE POWAY MUNICIPAL
CODE RELATING TO CLAIMS AGAINST THE CITY
WHEREAS, Section 935 of the California Government Code provides that claims
against a local public entity for certain money or damages shall be governed by the
procedure prescribed by local law and adopted by the local city council; and
WHEREAS, the City Council has determined that it is in the best interest of the City
and its residents to have a one-year statute of limitations for all claims against the City for
money or damages.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION ONE: Chapter 1.18 is hereby added to Title 1 of the Poway Municipal
Code to read as follows:
Chapter 1.18
CLAIMS AGAINST THE CITY
1.18.010 Authority.
This Chapter is enacted pursuant to Section 935 of the California Government
Code.
1.18.020 Claims Required.
All claims against the City for money or damages not otherwise governed by the
Tort Claims Act, California Government Code Sections 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 thereof) 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 chapter.
Ordinance No. 548
Page 2
1.18.030 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.
1.18.040 Claim Prerequisite to Suit.
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
Council 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 Chapter.
1.18.050 Suit.
Any action brought against the City of Poway 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 Poway shall conform
with the requirements of Sections 950-951 of the California Government Code.
SECTION TWO: Section 3.08.060 of Chapter 3.08 is hereby amended to read as
follows:
3.08.060 Claims for refund.
Claims for refund of taxes imposed pursuant to this chapter shall be governed by
the provisions of Chapter 1.18 of this Code.
SECTION THREE: Section 3.16.120A of Chapter 3.16 is hereby amended to read
as follows:
3.16.120 Refunds.
A. Erroneously or illegally collected. Whenever the amount of any tax, interest or
penalty has been overpaid or paid more than once or has been erroneously or
illegally collected or received by the City under this chapter it may be refunded as
provided in subsections B and C of this section provided a claim in writing therefore,
stating under penalty of perjury the specific grounds upon which the claim is
founded, is filed in accordance with Chapter 1.18 of this Code.
Ordinance No. 548
Page 3
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days
after the date of this passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names and members voting for and against
the same in the PowayNews Chieftain, a newspaper of general circulation published in the
City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held this 13th day of November, 2001 and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 27th day of November, 2001, by the following
roll call vote.
AYES: EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: GOLDBY
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
E'o~i Anne Peoples, City dlerk
Michael P.