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No suit for money or damages may be brought against the City and County until a written claim therefor has been presented to and rejected by the City and County in conformity with the provisions of general State law relating to claims against public entities. Pursuant to the authority set forth in California Government Code Section 935, all claims against the City shall be subject to this requirement, including those claims otherwise exempt from claim filing requirements under California Government Code Section 905, except where the claims are governed by other statutes or regulations relating expressly thereto.
(Amended by Ord. 303-63, App. 12/9/63; Ord. 226-02, File No. 021644, App. 11/26/2002)
A claim as required to be filed pursuant to Section 10.20-1 shall be presented by the claimant or by a person acting in his or her behalf as indicated by Section 915 of Government Code and shall show:
(a) The name and post office address of the claimant;
(b) The post office address to which the claimant desires notices to be sent;
(c) The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted;
(d) A general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation;
(e) The name or names of the public employee or employees causing the injury, damage, or loss, if known; and
(f) The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount need be included in the claim. However, the claim shall indicate whether it would be a limited jurisdiction civil case.
The claim shall be signed by the claimant or by some person on his or her behalf, except that claims against the City and County for supplies, equipment or services need not be signed by the claimant or on his or her behalf if presented on a billhead or invoice regularly used in conduct of the business of the claimant.
A claim may be amended as set forth in Section 910.6 (a) of Government Code of the State of California.
(Amended by Ord. 303-63, App. 12/9/63; Ord. 314-00, File No. 001909, App. 12/28/2000)
A claim relating to a cause of action for death or injury to person or to personal property or growing crops shall be presented not later than the six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action.
For the purpose of computing the time limit prescribed by this Section, the date of the accrual of a cause of action to which a claim relates is the date upon which the cause of action would be deemed to have accrued within the meaning of the statute of limitations which would be applicable thereto if there were no requirement that a claim be presented to the City and County before an action could be commenced thereon.
(Amended by Ord. 303-63, App. 12/9/63; Ord. 467-97, App. 12/23/97)
A claim shall be presented to the City and County (1) by delivering it to the Clerk of the Board of Supervisors or Controller of the City and County, or (2) by mailing the claim to the Clerk of the Board of Supervisors or the Controller of the City and County or to the Board of Supervisors at its principal office not later than the last day of the period specified in Section 10.20-3.
If a claim is presented by mail, it shall be deposited in a United States post office, or a mailbox, sub-post office, substation, or mail chute, or other like facility regularly maintained by the government of the United States, in a sealed envelope, properly addressed, with postage paid. The claim shall be deemed to have been presented and received at the time of deposit. Proof of mailing may be made in the manner prescribed by Section 10.13a of the Code of Civil Procedure.
A claim shall be deemed to have been presented in compliance with this Section even though it is not delivered or mailed as provided in this Section if it is actually received by the Clerk of the Board of Supervisors or the Controller of the City and County within the time prescribed for presentation thereof.
(Amended by Ord. 303-63, App. 12/9/63)
(a) All claims, regardless of how presented, shall be forwarded to the Controller and entered in the claim register by him or her. After entering a claim in the claim register, the Controller shall forthwith forward it to the City Attorney, excepting therefrom those claims which are subject to Section 10.20-6 of this Article.
(b) The City Attorney shall review all claims forwarded to him or her to determine if they substantially comply with the requirements of Sections 910 and 910.2 of Government Code. Within 20 days after the claim is presented the City Attorney shall give written notice of its insufficiency, stating with particularity, the defects or omissions therein; provided further, that the City Attorney shall forthwith upon receipt of a claim request an investigation by the department which has jurisdiction over the matter or property giving rise to the claim. The department shall submit a report with respect to the circumstances of the claim and its recommendation thereon within 30 days to the City Attorney.
(c) Pursuant to Section 935.4 of Government Code, the City Attorney is hereby authorized to reject any and all claims forwarded to him or her by the Controller. He or she shall notify the claimant of such rejection, indicating whether the rejection is by operation of law or otherwise.
Further action by the City Attorney in connection with a claim shall be governed by the provisions of Sections 10.21 and 10.22 of the San Francisco Administrative Code. The City Attorney is authorized to extend, by agreement with the claimant, the time within which the City Attorney may consider a claim for purposes of payment or compromise under Sections 10.21 and 10.22.
(Amended by Ord. 303-63, App. 12/9/63)
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