Chapter 5.30


5.30.010    Place for filing claims.

5.30.020    Report and requisites for claims.

5.30.030    Processing procedure.

5.30.040    Filing claim with city clerk mandatory.

5.30.010 Place for filing claims.

All claims for damages against the city shall be filed with the city clerk. The city clerk shall immediately forward copies of such claims to the city’s safety/risk management coordinator. (Ord. 3983 § 1 (part), 2004)

5.30.020 Report and requisites for claims.

All such claims for damages must 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 the 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. 3983 § 1 (part), 2004)

5.30.030 Processing procedure.

Upon receipt of a claim for damages, the city’s safety/risk management coordinator forwards the claim and comment summary sheet to WCIA. Settlement of claims is completed by WCIA. (Ord. 3983 § 1 (part), 2004)

5.30.040 Filing claim with city clerk mandatory.

No action may be maintained against the city 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 it has been filed with the city clerk. (Ord. 3983 § 1 (part), 2004)