HomeMy WebLinkAboutOrd No. 1099 - Processing of ClaimsORDINANCE NO. 1099
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, CONCERNING THE PROCESSING OF CLAIMS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings.
A. Government Code Section 935.4 allows cities and other public entities, by
ordinance or resolution, to authorize a public employee to process tort claims filed against the
City that seek $50,000 or less.
B. The City wishes to take advantage of the administrative efficiency that will result
from allowing City staff to process tort claims seeking damages less than the jurisdictional limit
of the Small Claims Court.
C. This ordinance amends the City Code to provide that the City Manager, with the
concurrence of the City Attorney, may allow, compromise, settle, or reject a claim that does
not exceed the jurisdictional limit of the Small Claims Court,
Section 2. Adoption.
Section 3.14.040 of the Code of the City of Palm Desert, California, to be and the same
is hereby amended to read as follows:
3.14.040 "In accordance with California Government Code Section 935(b), all
claims OVER the jurisdictional limit of the Small Claims Court 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. If the City Council refuses or neglects to allow or reject a claim
for forty-five days after it is filed with the City Clerk, the claimant may treat such refusal or
neglect as final action and rejection on the forty-fifth day."
Section 3. City Manager Authority.
Section 3.14.041 be and the same is hereby added to the Code of the City of
Palm Desert, California, to read as follows:
"The City Manager, with the concurrence of the City Attorney, shall be authorized to
accept, settle, or reject, without prior approval of the City Council, claims against the City that
fall under Division 3.6 of Title 1 of the Government Code or Section 3.14 of the Palm Desert
City Code, provided that NO allowance, compromise, or settlement SHALL EXCEED the
jurisdictional limit of the Small Claims Court. Upon the written order of the City Manager and
written concurrence of the City Attorney, the City's insurance administrator shall cause to be
issued a payment to the claimant on behalf of the City in the amount of which a claim has
ORDINANCE NO. 1099
been allowed, compromised, or settled. In accordance with California Government Code
Section 935(b), all claims under the jurisdictional limit of the Small Claims Court shall be
presented as provided in this section and acted upon by the City Manager 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. If the City Manager refuses or neglects to
allow or reject a claim for forty-five days after it is filed with the City Clerk, the claimant may
treat such refusal or neglect as final action and rejection on the forty-fifth day."
Section 4. Severance Clause.
The City Council declares that each section, sub -section, paragraph, sub -paragraph,
sentence, clause, and phrase of this ordinance is severable and independent of every other
section, sub -section, paragraph, sub -paragraph, sentence, clause, and phrase of this
ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause, or phrase
of this ordinance is held invalid, the City Council declares that it would have adopted the
remaining provisions of this ordinance irrespective of the portion held invalid, and further
declares its express intent that the remaining portions of this ordinance should remain in effect
after the invalid portion has been eliminated.
Section 5. Publication.
The City Clerk shall certify to the passage and adoption of this ordinance and shall
cause the same to be published once in The Desert Sun, a newspaper of general circulation,
printed and published in the County of Riverside and circulated within the City of Palm Desert,
and the same shall be in force and effect thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California, at its regular meeting held this day of , 2005, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
2
BUFORD A. CRITES, MAYOR
Riverside Superior Court - Civil
Page 2 of 7
Small claims court is a special court where disputes are resolved quickly and inexpensively. Your claim
cannot be more than $5,000.00. The rules are simple and informal. The person who sues is called the
plaintiff. The person who is sued is called the defendant. In small claims court, you may ask a lawyer for
advise before you go to court, but you cannot have a lawyer in court.
For general small claims information along with forms you can visit the California Courts Self Help
Center or you can visit EZLegal to fill out small claims forms online.
Small Claims night court is available once each month. Night court is held on the 3rd Wednesday of each
month in the Robert Presley Hall of Justice, 4100 Main St., Downtown Riverside. Night court starts
promptly at 5:30 p.m. and is heard in Department 21.
Reference Information
Small Claims Advisor Information
You can also contact the small claims advisor at 1.800.244.8898 for Riverside County residents and
951.683.3700 for residents outside of Riverside County. Your call will typically be returned within 7 hours,
but on later than 24 hours after the original call (except calls on Fridays which will be returned the next
workday). Return calls will be made between 8:30 a.m. and 7:00 p.m. No fewer than 2 attempted call
backs will be made.
You may e-mail the Small Claims Advisor at ojj-atty0pacbell.net
The small claims advisor shall advise and give additional assistance to litigants in Riverside County small
claims matters. For in person consultations please ask the clerk for a monthly small claims advisor
schedule.
The small claims advisor can provide services to any current litigant (plaintiff or defendant) involved in a
small claims case, any potential litigant in a small claims case prior to filing a claim, and anyone involved in
a small claims appeal. The advisor can also help small claims litigants with their "post -judgment" matters,
such as assistance with writs, liens, and orders for appearance and examination hearings.
U&
LANDLORD/TENANT EVICTIONS (UNLAWFUL DETAINERS)
An Unlawful Detainer/Eviction is a civil proceeding brought by the owner of the property to obtain
possession from the occupants.
Information and forms for Unlawful Detainers/Landlord_ Tenant Evictions
Fill Out LandlordJTenant Eviction Forms Online
P71
CIVIL COURT LOCATIONS
Riverside Civil
4050 Main Street
http://wv`,Nv.courts.co.riverside.ca.us/civit.htm 9/9/2005
ORDINANCE NO. 1099
AN ORDINANCE OF THE i ITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, CONCERNING THE PROCESSING OF CLAIMS
NOW, THEREFORE, THE C Y COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDA AS FOLLOWS:
Section 1. Findings.
A. Government Code Section 9 5.4 allows cities and other public entities, by
ordinance or resolution, to authorize a public 7ployee to process tort claims filed against the
City that seek $50,000 or less.
B. The City wishes to take advantage the administrativ will result
from allowing City staff to process tort claims seeXtprovide
damage(less than $5,000.
C. This ordinance amends the City Codthat the City Manager, with the
concurr_e e City Attorney, may allow, come, settle, or reject a claim that does
o exceed $5,000.
Section 2. Adoption.
Section 3.14.040 of the Code of the City of Palm Des rt, California, to be and the same
is hereby amended to read as follows:
3.14.041 "IZa
an California Govern ent Code Section 935(b), all
claims OVER fiv ouars ($5,00 shall be presented s provided in this section and
acted upon by t prior to fhe filing of any action such claims, and no such
action may be maintained by a person who has not complied w h the requirements of this
chapter. If the City Council refuses or neglects to allow or reject claim for forty-five days
after it is filed with the City Clerk, the claimant may treat such refusa or neglect as final action
and rejection on the forty-fifth day."
Section 3. City Manager Authority.
Section 3.14.041 be and the same is hereby added to the mode of the City of
Palm Desert, California, to read as follows:
"The City Manager, with the concurrence of the City Attorney, sha be authorized to
accept, settle, or reject, without prior approval of the City Council, claims ag inst the City that
fall under Division 3.6 of Title 1 of the Government Code or Section 3.14 of he Palm Desert
City Code, provi wance, compromise, or settlement SHAL EXCEED five
thousand ollars ($5,000). Up the written order of the City Manag r and written
concurrence oft e i y, the City's insurance administrator shall caus to be issued
a payment to the claimant on behalf of the City in the amount of which a claim has been
allowed, compromised, or settled. In accordance with California Government Code
ORDINANCE NO. 1099
i��
'�P_c
Section 935(b), all claims under five thousand olla"$5hbe presented as providedQc�
in this section and acted upon by the City Manai g of any action on such ( —
claims, and no such a tion may be maintained by a person wh as not complied with the
requirements of this ch ter. If the City Manager refuses or neglects to allow or reject a claim
for forty-five days after i is filed with the City Clerk, the claimant may treat such refusal or
neglect as final action an rejection on the forty-fifth day (Ord. 1009 § 2 (part), 2002)."
Section 4. Severante Clause.
The City Council declare that each section, sub -section, paragraph, sub -paragraph,
sentence, clause, and phrase of is ordinance is severable and independent of every other
section, sub -section, paragraph, ub-paragraph, sentence, clause, and phrase of this
ordinance. If any section, sub-sectio paragraph, sub -paragraph, sentence, clause, or phrase
of this ordinance is held invalid, the ity Council declares that it would have adopted the
remaining provisions of this ordinanc irrespective of the portion held invalid, and further
declares its express intent that the remai 'ng portions of this ordinance should remain in effect
after the invalid portion has been eliminat d.
Section 5. Publication.
The City Clerk shall certify to the passa a and adoption of this ordinance and shall
cause the same to be published once in The Des rt Sun, a newspaper of general circulation,
printed and published in the County of Riverside an circulated within the City of Palm Desert,
and the same shall be in force and effect thirty (30) ays after its adoption.
PASSED, APPROVED, AND ADOPTED by the ity Council of the City of Palm Desert,
California, at its regular meeting held this day o , 2005, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
2
BUFORD A. QRITES, MAYOR