HomeMy WebLinkAboutORD 1349 ORDINANCE NO. 1349
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTION 10.19 OF THE
BALDWIN PARK MUNICIPAL CODE RELATING TO CLAIMS
FOR MONEY OR DAMAGES
WHEREAS, Section 935 of the California Government Code authorizes local
entities to adopt policies and procedures including, but not limited to, regulating claims
against it for money or damages, which claims are not governed by any other statutes
or regulations expressly relating thereto; and
WHEREAS, Section 10.19 of the Baldwin Park Municipal Code regulates the
requirements for filing claims against the City for money or damages not otherwise
governed by the Government Claims Act; and
WHEREAS, Section 10.19 of the Baldwin Park Municipal Code does not
currently contain a requirement requiring a person challenging a claim against
municipal taxes, fines or fees to pay the disputed amount prior to filing a lawsuit and a
requirement ; and
WHEREAS, Section 10.19 of the Baldwin Park Municipal Code does not
currently prevent a claim to be filed on behalf of a class of persons that is not verified
by every member of that class; and
WHEREAS, the City Council desires to amend Section 10.19 of the Baldwin
Park Municipal Code to impose such a requirement.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
ordain as follows:
SECTION 1. The following subsections are hereby added to Section 10.19 of the
Baldwin Park Municipal Code to read as follows:
(N) Any claim shall be made in writing and verified by the claimant or
by his or her guardian, conservator, executor or administrator. In addition,
all claims shall contain the information required by Cal. Gov't Code § 910.
The foregoing reference to Cal. Gov't Code § 910 shall not be construed
to authorize a class claim; no claim may be filed on behalf of a class of
persons unless verified by every member of that class.
(0) In accordance with Cal. Gov't Code §§ 935(b) and 945.6, all claims
shall be presented as provided in this section and acted upon by the City
prior to the filing of any action on such claims and no such action may be
maintained by a person, or his or her guardian, conservator, executor or
administrator, who has not complied with the requirements of this section.
Ordinance 1349- Page 2
(P) Any action brought against the City upon any claim or demand shall
confirm to the requirements of the Cal. Gov't Code §§ 940 through 949.
Any action brought against an employee of the City shall conform to the
requirements of the Cal. Gov't Code §§ 950 through 951.
(Q) No injunction or writ of mandate or other legal or equitable process
shall issue in any suit, action or proceeding in any court against the City or
an officer thereof to prevent or enjoin the collection of taxes, fees or fines
sought to be collected pursuant to any provision or resolution ordinance of
the City for the payment of all taxes, fees or fines, unless and until said
taxes, fees or fines, and any outstanding interest and penalties have been
paid in full.
SECTION 2. This ordinance shall go into affect and be in full force and
operation from and after thirty (30) days after its final reading and adoption.
PASSED AND APPROVED ON THE 7th da .f : 'h, !ASP
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M• N OrrZANO, MAYOR
ATTEST: M`' 1
ALEJAND- • AVILA,
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on February 1, 2012. Thereafter, said Ordinance
No. 1349 was duly approved and adopted at a regular meeting of the City Council on
March 7, 2012, by the following vote:
AYES: COUNCILMEMBER: Marlen Garcia, Monica Garcia, Ricardo Pacheco
NOES: COUNCILMEMBER: Mayor Pro Tem Susan Rubio, Mayor Manuel Lozano
NONE
ABSENT: COUNCILMEMBER: NON
ABSTAIN: COUNCILMEMBER: NO
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ALEJA D VILA,
CITY CLERK