ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 1.12.060 (CLAIMS FOR MONEY OR DAMAGES) OF
THE ANAHEIM MUNICIPAL CODE TO INCORPORATE
CLAIMS PRESENTATION REQUIREMENTS PREVIOUSLY
SET FORTH IN THE ANAHEIM CITY CHARTER
WHEREAS, in 2014, the Anaheim Charter Review Committee recommended that the tort claims presentation provisions set forth in sections 1216 and 1217 of the City Charter be removed from the Charter; and
WHEREAS, the voters adopted that recommendation and deleted these Charter provisions in November of 2014; and
WHEREAS, staff is recommending that the majority of the deleted Charter provisions be added to the Anaheim Municipal Code to restore to the City the protections these sections provided.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Anaheim Municipal Code 1.12.060 is hereby amended to read in full as follows:
1.12.060 CLAIMS FOR MONEY OR DAMAGES.
.010 Procedures prescribed by the state legislature governing the presentation, consideration and enforcement of claims against charter cities or against officers, agents and employees of those cities shall apply to the presentation, consideration and enforcement of claims against the City.
.020 In the absence of applicable procedures prescribed by the state legislature, and to the extent not inconsistent with state law, all claims for damages against the City must be presented in writing to the City Clerk within six months after the occurrence, event or transaction from which the damages allegedly arose, and shall set forth in detail the name and address of the claimant, the time, date, place and circumstances of the occurrence and the extent of the injuries or damages sustained.
.030 Any claim for money or damages, from whatever cause arising (including claims for the taking of, or damage to, private property pursuant to Section 19 of Article 1 of the California Constitution and claims based on contract) for which no claim is required to be presented by the provisions of the Government Code or for which a claim is not required by any other provision of law shall be presented in accordance with subsection 1.12.060.020. .040 Any claim required to be presented pursuant to subsection 1.12.060.030 shall be presented not later than six months after the occurrence, event or transaction from which the damages allegedly arose.
.050 Any claim (for other than death or injury to person or personal property or growing crops) for which a claim is required by subsection 1.12.060.020 to be presented within six months shall be presented not later than one year after the accrual of the cause of action, in the event a court of competent jurisdiction determines that the six month claim requirement of subsection 1.12.060.020 is inapplicable thereto.
.060 The filing and rejection of any claim required by this section is a prerequisite to suit thereon. No suit shall be brought for money or damages against the City or any board, commission or officer thereof on any cause of action for which the general law or any City code requires a claim to be presented until a claim or demand for the same has been presented as provided herein and the claim or demand has been rejected in whole or in part. If rejected in part, suit may be brought to recover the whole. Failure to approve or reject any claim or demand within forty-five days from the day the it is presented shall be deemed a rejection thereof unless that time is extended by mutual agreement of the City and the claimant.
SECTION 2.
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 3.
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 4.
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
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THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2022, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: ____________________________________
MAYOR PRO TEM OF THE CITY OF
ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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