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HomeMy WebLinkAboutTC Ord 2011-07-06 (2)ORDINANCE NO. 529 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING CHAPTER 3B (CLAIMS AGAINST THE TOWN) TO TITLE 1 OF THE MUNICIPAL CODE ESTABLISHING PROCEDURES FOR FILING AND PROCESSING CLAIMS AGAINST THE TOWN BE IT ORDAINED BY THE TOWN OF TIBURON, CALIFORNIA, AS FOLLOWS: WHEREAS, the Town of Tiburon ("Town") is authorized by the provisions of California Government Code section 935 to establish procedures for all claims against the Town for money or damages, provided that such claims are not governed by any other statute or regulations; and, WHEREAS, the Town Council of the Town wishes to adopt such procedures in order to process such claims more efficiently and expeditiously and preserve and protect the taxpayers' dollars; and, NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE COUNCIL OF THE TOWN OF TIBURON AS FOLLOWS: SECTION 1: That a new Chapter 13B (Claims Against the Town) is added to Title (General Provisions) of the Code of the Town of Tiburon, California, to read as follows: 3B -1 Claims Required. (a) General Provisions (1) All claims against the town for money or damages not otherwise governed by the Government Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter in this ordinance, "Claims") shall be presented in accordance with this section. (2) All Claims shall be made in writing, under penalty of perjury 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. (3) All Claims shall be presented to the town clerk and shall be submitted in accordance with this section and the Government Claims Act. For purposes of determining whether a Claim is timely presented, a Claim is presented to the town clerk when it is received in the office of the town clerk. (4) A Claim shall be submitted on the claim form furnished by the town. A Claim may be returned if it was not presented using the proper form. Town of Tiburon Ordinance No. 529 N. S. Adopted 71612011 (5) Where there is a conflict between the provisions of the Government Claims Act and this chapter, the provisions of this chapter shall apply. (b) Tax Refund Claims. In addition to the presentation requirements set forth in subsection (a), tax refund Claims shall be subject to the presentation requirements set forth in this subsection and to any other legal requirements or conditions stated in applicable tax refund provisions in the Municipal Code. Every tax refund Claim shall state the following: (1) the specific amount claimed to have been overpaid or paid more than once, or erroneously or illegally collected or received by the town; (2) the tax period at issue, and (3) the grounds upon which the claim is founded, with specificity sufficient to enable town officials to understand and evaluate the claim. A tax refund Claim shall be signed by the taxpayer or, if applicable, the person obligated to remit the tax, or such person's guardian or conservator. No agent, including the taxpayer's attorney, may sign a tax refund claim. Class Claims for tax refunds shall not be permitted. Section 3B-2 Action by Town; Delegation of Authority. (a) Pursuant to Government Code Section 912.4, the town shall act on.a Claim within forty-five days after the claim has been presented. By mutual agreement of the claimant and the town, such forty-five 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. (b) The town attorney shall have the authority to review all claims. In the event that the town attorney finds that the claim is not a proper charge against the town, the town attorney shall have the authority to reject the claim. This subsection 3B-2(b) shall apply to all claims, including, without limitation, claims submitted under this chapter and claims submitted under the Government Claims Act. Section 3B-3 Exhaustion of Administrative Remedies. (a) Lawsuits Generally. No suit for money or damages may be brought against the town or any officer, employee, board, commission or authority of the town on a cause of action for which a claim is required to be presented by this chapter unless (a) a written claim therefore has been presented in accordance with this section and has been rejected by the town or deemed to have been rejected; and (b) the claimant has exhausted all administrative remedies applicable to the claim. (b) Lawsuits Regarding Taxes, Fees or Other Charges. No suit for judicial relief with respect to a dispute regarding a tax, fee or other charge may be brought against the town or any officer, employee, board, commission or authority of the town until (a) the disputed tax, fee or charge, with interest and penalties owing, has been first paid to the town, (b) a claim for refund has been presented by the claimant in accordance with this section and the town has rejected the claim or the claim is deemed to have been rejected, and (c) the claimant has exhausted all administrative remedies applicable to the claim. (c) Where the town takes action on a claim subject to this chapter: Town of Tiburon Ordinance No. 529 N. S. Adopted 71612011 2 (1) If the town allows the claim in full and the claimant accepts the amount allowed, no suit may be maintained on any part of the cause of action to which the claim relates. (2) If the town allows the claim in part and the claimant accepts the amount allowed, no suit may be maintained on that part of the cause of action which is represented by the allowed portion of the claim. (3) If the town allows the in. part and requires the claimant to accept the amount allowed in settlement of the entire claim, no suit may be maintained on no suit may be maintained on any part of the cause of action to which the claim relates. Section 3B-3 Limitation Period; Time for Filing Claims. Any claim specified in this chapter shall be presented within the following time limitations established in Government Code Section 911.2: (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 months after the accrual of the cause of action. (b) Claims relating to any other cause of action shall be presented within one year after the accrual of the cause of action. (c) When a claim that is required by this chapter to be presented not later than six months after the accrual of the cause of action is not presented within. that time, the claimant may apply in writing to the town for leave to present that claim, as provided by Government Code section 911.4. The town will consider the application pursuant to Government Code section 911.6. (d) The limitations periods set forth in this section shall be automatically adjusted to reflect any changes in the limitations periods set forth in Government Code Section 911.2 or its successor statute. Section 3B-4 Limitation Period; Time for Commencing Suit. Any suit against the town on a cause of action for which a claim is required to be presented in accordance with this chapter must be commenced: (a)If the town has given written notice of its action, not later than six months after the date such notice is personally delivered or deposited in the mail.. (b) If the town has not given written notice of its action, within two years from the accrual of the cause of action. (c) The limitations periods set forth in this section shall be automatically adjusted to reflect any chtinges in the limitations periods set forth in Government Code Section 945.6 or its successor statute. Section 3B-4 Effective Date of Chapter; Transitional Clause. The provisions of this Chapter shall apply retroactively to any causes of action occurring prior to the effective date of this Chapter. Notwithstanding the foregoing, any claim that would have been timely if presented on the day before this Ordinance becomes effective which claim would be untimely under the requirements of this Ordinance may, notwithstanding this Ordinance, be presented not later than the 45th day after the adoption of this Ordinance. Town of Tiburon Ordinance No. 529 N. S. Adopted 71612011 3 SECTION 2. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on June 15, 2011, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on July 6, 2011, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: i DIANE CRANEIACOPI, TOWN CLERK S.-WministrationlTown CounciA Ordinances 12011IClaims Ordinance Chapter 3B; Ord.529N.S Town of Tiburon Ordinance No. 529 N. S. Adopted 71612011 4