Claims Ordinance No. 03A-10
ORDINANCE OF THE BOARD OF DIRECTORS OF THE GROVELAND COMMUNITY SERVICES DISTRICT REGULATING THE FILING OF CLAIMS AGAINST THE DISTRICT WHICH ARE EXEMPT FROM THE GOVERNMENT CLAIMS ACT (Government Code Section 810-996.6)
The purpose of these policies is to establish uniform procedures for the filing of claims against the District which are not governed by the Government Claims Act (Gov. Code ' 810–996.6); hereinafter the “Act.” The Act and Section 106 of the District’s Operational Policy Manual establish uniform procedures for the filing of claims against the District for money or damages, whether in contract or tort. The purpose of this Ordinance is to require that all claims filed with the District for nonmonetary relief, refunds of taxes, assessments or fees and charges levied by the District, or any other action not covered by the Act as specified in Section 2.0 of this Ordinance, comply with the claims presentation requirements specified in the Act, this Claims Ordinance, and the District’s Operational Policy Manual, Section 106 “Claims Against the District,” (the “Operational Policies”) which are incorporated herein by this reference.
In general, the Act, this Ordinance and the District’s operational policies require that a legal action against the District may not be commenced or maintained in a court of law unless a written claim has first been timely presented to the Board of Directors of the District and rejected in whole or in part. Compliance with the procedures specified in the Act and in this Ordinance is mandatory in order for the claimant to commence and maintain a judicial action against the District for any of the causes of action described in Section 2.0 of this Ordinance. The purpose of the provisions of this Ordinance is to give the District an opportunity to settle justifiable claims against the District before legal action is brought. In addition, the provisions of this Ordinance permit the District to conduct an early investigation of the facts on which a claim is based, thereby maximizing the ability of the District to defend itself against unjust claims and to correct conditions or practices which may give rise to a claim.