Chapter 1.16 CLAIMS AGAINST THE TOWN

Chapter 1.16
CLAIMS AGAINST THE TOWN

Sections:

1.16.020 Claims involving real property.

1.16.030 Cause of action accrual – Limitation of actions.

1.16.050 Automatic denial after sixty (60) days.

1.16.010 Claims against the Town.

Persons who have claims against the Town or a Town employee shall file claims with the Town Clerk or as set forth in the Arizona Rules of Civil Procedure within one hundred eighty (180) days after the cause of action accrues. The claim shall contain facts sufficient to permit the Town or Town employee to understand the basis upon which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim which is not filed within one hundred eighty (180) days after the cause of action accrues is barred and no action may be maintained thereon. (Ord. 07-299 § 1 (part))

1.16.020 Claims involving real property.

In the event that the claim relates to a claim involving eminent domain, condemnation, zoning, subdivisions, streets and roads or public rights-of-way, or other land use claims, a claim or notice of claim shall be filed in accordance with the requirements of A.R.S. §§ 12-821.01, 12-1134 and this section.

A. Only the fee title owner(s) may file a claim involving real property. The owner shall have the burden of proof on the issue of diminution in value of the property. Claims shall be filed in accordance with the requirements of A.R.S. §§ 12-821.01, 12-1134 and this section.

B. A claim or notice of claim shall at a minimum contain the following information:

1. Street address and legal description of the real property.

2. Identification of all of the legal owners of the property. A description of the legal interest held by each owner/claimant and evidence of ownership showing the date the ownership interest was acquired.

3. Identification of the Town ordinance, resolution, or decision which the property owner alleges diminishes the value of his land including a description of the desired use of the property, how the regulation restricts the desired use of the property and how the land use law reduces the fair market value of the property.

4. For claims which involve a claim for damage to real property or diminution in value of real property, copies of appraisals or other documents or statements of value, or documents or statements which support any claim involving a diminution in value.

5. The amount of damages or compensation claimed including any claims for diminution in value. (Ord. 07-299 § 1 (part))

1.16.030 Cause of action accrual – Limitation of actions.

A. For purposes of this chapter, a cause of action accrues when the damaged party realizes he or she has been damaged and knows or reasonably should know the cause, source, act, event, instrumentality or condition which caused or contributed to the damage.

B. All actions against the Town or a Town employee shall be brought within the time periods required by Arizona Revised Statutes Title 12, Chapters 7 and 8, or other applicable statute of limitation, and not afterward. (Ord. 07-299 § 1 (part))

1.16.040 Alternate dispute resolution.

Notwithstanding Section 1.16.010, any claim which must be submitted to a binding or nonbinding dispute resolution process or an administrative claims process or review process pursuant to a statute, ordinance, resolution, administrative or governmental rule or regulation, or contractual term shall not accrue for the purposes of this section until all such procedures, processes or remedies have been exhausted. The time in which to give notice of a potential claim and to sue on the claim shall run from the date on which a final decision or notice of disposition is issued in an alternative dispute resolution procedure, administrative claim or review process. This provision shall not be construed to prevent the parties to any contract from agreeing to extend the time for filing such notice of claim. (Ord. 07-299 § 1 (part))

1.16.050 Automatic denial after sixty (60) days.

A claim against the Town or a Town employee filed pursuant to this chapter is deemed denied sixty (60) days after the filing of the claim unless the claimant is advised of the denial in writing before the expiration of the sixty (60) days. (Ord. 07-299 § 1 (part))