Chapter 4.20
CLAIMS FOR DAMAGES AGAINST THE CITY

Sections:

4.20.010    Agent for receiving and place for filing claims.

4.20.020    Report and requisites for claims.

4.20.030    Processing procedure.

4.20.040    Filing claim with city clerk mandatory.

4.20.010 Agent for receiving and place for filing claims.

The city clerk is hereby appointed to be the city agent responsible to receive claims for damages made under Chapter 4.96 RCW. The city clerk shall be available to receive claims for damages during regular City Hall business hours at Mercer Island City Hall, 9611 SE 36th Street, Mercer Island, Washington 98040. (Ord. 17C-03 § 1; Ord. 495 § 4, 1980).

4.20.020 Report and requisites for claims.

A. All such claims for damages must:

1. Accurately locate and describe the conduct and circumstances that caused the injury or damage;

2. Reasonably describe the injury or damage;

3. State the time and place where the injury or damage occurred;

4. State the names of all persons involved, if known;

5. State the amount of the damages claimed; and

6. State the claimant’s actual residence at the time of presenting and filing the claim and for the preceding six months.

B. If the claimant is incapacitated from verifying, presenting, and filing his, her or its claim for damages or if the claimant is a minor, then claim may be verified, presented, and filed on behalf of the claimant by any relative or attorney or agent authorized to represent the claimant. (Ord. 17C-03 § 1; Ord. 495 § 4, 1980).

4.20.030 Processing procedure.

Upon receipt of a claim for damages, the city’s safety/risk management coordinator forwards the claim and comment summary sheet to Washington Cities Insurance Authority (WCIA). WCIA processes all claims for damages for the city. (Ord. 17C-03 § 1).

4.20.040 Filing claim with city clerk mandatory.

No action may be maintained against the city for damages arising out of tortious conduct until 60 days have elapsed after a claim has first been presented to and filed with the city clerk. The requirements of this section shall not affect the applicable period of limitations within which an action must be commenced except that such period of limitations within which an action must be commenced shall be tolled during the 60-day period after it has been filed with the city clerk. (Ord. 17C-03 § 1).