Sec. 5.169. Filing With City Clerk. (Charter Section 350.)
Every claim for money or damages against the City, or any officer, board or department thereof, except as otherwise provided by law, shall be filed with the City Clerk, who shall thereupon present the same to the board, officer or employee authorized to incur or pay the expenditure or alleged indebtedness or liability represented thereby. The City Clerk is hereby authorized to designate the Secretary of the Board of Commissioners of each of the Proprietary Departments as a Deputy City Clerk for the sole purpose of accepting claims for filing against each of the respective Proprietary Departments and presenting such claims to the Board, officer or employee authorized to incur or pay the expenditure or alleged indebtedness or liability represented thereby. Claim procedures and requirements shall be governed by State law or ordinance not inconsistent with State law. In all cases such claims shall be approved or rejected in writing, and the date thereof given. Failure to act upon any claim within forty-five (45) days from the date the same is filed with the City Clerk or, if amended, within forty-five (45) days after the amended claim is filed with the City Clerk, or within any greater period provided by State law, shall be deemed to be a rejection thereof. The filing of any such claim with the City Clerk as provided herein, shall constitute compliance with the provisions of Charter Section 350 as to the presentation of a claim prior to suit or action thereon.
SECTION HISTORY
Based on Charter, Sec. 363.
Amended by: Ord. No. 173,284, Eff. 6-26-00, Oper. 7-1-00.
Sec. 5.170. Claim as Prerequisite to Bringing Suit. (Charter Section 350.)
No suit shall be brought on any claim for money or damages against the City of Los Angeles, or any officer, board or department of the City, until the claim has been filed with the City Clerk as provided in section 5.169, above, and rejected in whole or in part. If rejected in part, suit may be brought to recover the whole. Pursuant to Charter section 350 and California Government Code section 911.2, all claims relating to causes of action for death or for injury to person or to personal property or growing crops shall be presented not later than six (6) months after the accrual of the cause of action, and all claims relating to any other causes of action shall be presented not later than one (1) year after the accrual of the cause of action. Nor shall suit be brought against the City, or any board, officer or department thereof, upon any claim or demand that has been in whole approved as provided herein; provided that nothing herein contained shall be construed so as to deprive the holder of any claim of the right to resort to writ of mandamus or other proceeding against the Council, or any board, officer or department of the City, to compel it or them to act upon such demand or to pay the same when approved.
SECTION HISTORY
Based on Charter, Sec. 376.
Amended by: Ord. No. 173,284, Eff. 6-26-00, Oper. 7-1-00.
Section
5.175 Authority to Make Settlements of Claims or Actions Initiated by the City and to Execute and Deliver Instruments.
5.176 Deposit of Funds.
5.177 Authority to Make Settlements of Certain Workers’ Compensation Claims Against the City.
5.177.1 Authority of the Director of Finance to Make Settlements of Certain Monetary Claims by the City.
5.178 Acceptance of Credit Card Charges and Imposition of Credit Card Usage Surcharge.
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