Jan 8, 2016 (San Diego) With the El Nino rains, there is more flooding to come. In fact, it has. Reporting San Diego and East County Magazine were present the other night, at a flood zone in City Heights. This was an apartment building and at least two homes. We asked the city. They told us how to file if you believe the city is liable.
Some points to take into consideration, and the clock is ticking.
Claims relating to causes of action for death, injury to person (including infliction of emotional distress), injury to personal property, and injury to growing crops must be filed within six months after cause of action accrues. Gov. Code § 911.2(a).
Claims relating to any other cause of action (e.g., damage to real property, most actions for breach of contract) must be filed within one year after cause of action accrues. Gov. Code § 911.2(a).
No Claims requirement for actions asserting federal claims or violation of federal civil rights.
Public entity must act on claim within 45 days after claim has been presented by rejecting claim, allowing it, or offering compromise; inaction is deemed rejection. Gov. Code §§ 912.4(a), 912.6.
If public entity denies the claim , then claimant has only six months after entity’s notice to file a lawsuit.
if inaction, then claimant has two years after accrual of cause of action to a file lawsuit Gov. Code § 945.6(a).
These are also some helpful tips as this rainy season is hardly over.
Before it Rains
- Sign up for Alert San Diego notifications for all your telephone numbers.
- Create a family communication plan to stay in touch with loved ones.
- Prepare your pets for El Niño.
- If needed, visit your local fire station for free sand bags. The limit is 10 bags per resident, and sand is not provided.
- Report blocked storm drains by calling (619) 235-1000 or by submitting an online storm water service request with the City’s Transportation & Storm Water Department.
- Prepare your home for an emergency.
- Visit the FEMA Flood Map Service Center to find your official flood map, access a range of other flood hazard products, and take advantage of tools for better understanding flood risks.
- Prepare your small business for an emergency.
When Rains Arrive
- Leave early if your property is in a flood zone. Water levels can rise fast once storms start. Do not hesitate to move if you see rising water.
- Follow all instructions issued by public safety personnel.
- Report flooding to the City’s emergency dispatch center at (619) 527-7500
- Drive carefully! Slow down and do not drive through standing water.