Claims & Appeals
Claims
How to file a claim
Online
You can file a claim by completing our Claim Form.
By mail or in-person
You may file a claim against the Town by delivering it to the Town Clerk's office by mail or in person (see Government Code section 915 (a)). Be sure your claim is against the Town of Fairfax, and not another public entity. The address for the Town Clerk's Office is:
Town of Fairfax
Town Clerk's Office
142 Bolinas Road
Fairfax, CA 94930
You can ask for a claim form by calling the Town Clerk at (415) 458-2343. You can also download it here.
If you deliver the claim in person, the filing date is the delivery date. If you mail the claim, the filing date is the mailing date, not the date the Town receives the claim.
How long do I have to file a claim?
The California Tort Claims Act sets out strict timelines that you must follow when filing a claim against the Town. You must file a claim for personal injury (that is, one based on death, physical injury, or damage to personal property) within six months of the date of the injury (see Government Code section 911.2).
What happens to the claim once it is filed?
After you file a claim, the Town must respond (allow or reject the claim in whole or in part) within 45 days. If the Town does not respond, the claim is rejected by operation of law on the 45th day (see Government Code sections 912.6(a), 912.4(c)).
If the Town fails to notify you of its action, such failure is treated as a rejection of the claim (as discussed above) and you have two years from the date of the injury to file a lawsuit (see Government Code section 945.6(a)(2)).
As explained above, other time limits and procedures may also apply to your type of case. You may seek the advice of an attorney to get more specific information relevant to your situation.
Appeals
Individuals who disagree with a decision made by a Town administrative official, advisory body, or the Planning Commission have the right to file an appeal for Town Council review. The appeal process provides a formal way to request that the Council reconsider a decision if you believe an error occurred in how the Town’s regulations were applied.
What Decisions Can Be Appealed?
You may appeal any order, requirement, permit, decision, or determination made in the administration or enforcement of the Town’s zoning regulations (Title 17).
Who Can File an Appeal?
Any person aggrieved by the decision may file an appeal with the Town Clerk.
Deadline to File
Appeals must be submitted within 10 days of the date the decision was made.
How to File an Appeal
To file an appeal, submit the following to the Town Clerk:
- A completed Notice of Appeal form
- A written statement explaining the reasons for the appeal.
- Required filing fee of $625, as adopted by Town Council resolution - view the fee schedule.
- Signature under penalty of perjury, as indicated on the appeal form.
Appeals must be filed in person or by mail with the Town Clerk’s Office at:
Town Hall, 142 Bolinas Road, Fairfax, CA 94930
What Happens After an Appeal Is Filed?
- Filing an appeal generally pauses the action being appealed, unless the original decision-maker certifies that a stay would create an imminent risk to life or property.
- A public hearing will be scheduled before the Town Council. Notice will be provided consistent with the noticing requirements for the original decision.
- The Council may affirm, reverse, or modify the decision, and may conduct a de novo (fresh) review, meaning it may consider the entire application anew.
Directed Referral (Council-Initiated Review)
In addition to appeals filed by the public, any Councilmember may direct that a matter be reviewed by the full Council within the same timeframe as an appeal. Directed referrals take precedence over appeals.