Chapter 3.08
CLAIMS AGAINST THE CITY1

Sections:

3.08.010    Place for filing claims.

3.08.020    Report and requisites of claim.

3.08.030    City procedure.

3.08.040    Procedures mandatory.

3.08.050    Filing claim with city clerk mandatory.

3.08.010 Place for filing claims.

Claims for damages against the city and/or its officers, employees, or representatives acting in such capacity shall be filed with the city clerk, who is appointed as the city’s agent to receive claims. The city clerk’s office is located at Brier City Hall, 2901 228th Street S.W., Brier, Washington, 98036. The city clerk shall record a copy of this section with the Snohomish County auditor. The clerk’s office is open to the public Monday through Friday, between the hours of eight a.m. and five p.m., except legal holidays. The city clerk shall immediately forward copies of such claims to the city attorney, the city council and the city’s insurance agency. (Ord. 363 § 1(Exh. A)(part), 2009)

3.08.020 Report and requisites of claim.

Pursuant to RCW 4.96.020, all claims for damages shall accurately locate and describe the conduct and circumstances that caused the injury or damage, reasonably describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, state the amount of damages claimed, state the actual residence of the claimant at the time of presenting and filing the claim and for a period of six months immediately prior to the time the claim arose, and be verified by the claimant. If the claimant is incapacitated from verifying, presenting, and filing the claim in the time prescribed or if the claimant is a minor, or is a nonresident of the state absent therefrom during the time within which the claim is required to be filed, the claim may be verified, presented and filed on behalf of the claimant by any relative, attorney, or agent authorized to represent the claimant. (Ord. 363 § 1(Exh. A)(part), 2009)

3.08.030 City procedure.

All claims for damages shall be investigated by the mayor or the mayor’s designee. Settlement and authorization for payment of such claims shall only be permitted upon approval by the city council. (Ord. 363 § 1(Exh. A)(part), 2009)

3.08.040 Procedures mandatory.

No claim for damages against the city and/or its officers, employees, or representatives acting in such capacity or any part thereof shall be paid, and no money shall be appropriated to pay or satisfy any such claim, unless there is compliance with the procedures set forth in this chapter. (Ord. 363 § 1(Exh. A)(part), 2009)

3.08.050 Filing claim with city clerk mandatory.

No action shall be maintained against the city and/or its officers, employees, or volunteers, acting in such capacity, for damages arising out of tortuous conduct until sixty 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 sixty-day period after a claim has been presented and filed with the city clerk. (Ord. 363 § 1(Exh. A)(part), 2009)


1

    Prior legislation: Ord. 177.