Chapter 3.16
CLAIMS AGAINST THE CITY1
Sections:
3.16.020 Contents of claim—Filing on behalf of claimant.
3.16.050 Duties of city clerk.
3.16.060 Duties of city attorney.
3.16.070 Manner of processing claims.
3.16.080 Authority for payment.
3.16.090 Invalid claim—Action prohibited.
3.16.010 Filing.
All claims for damages or injuries against the city arising out of tortious conduct shall be presented in writing and filed with the clerk of the city. (Ord. 999-84 § 1, 1984; Ord. 288-74 § 1, 1974)
3.16.020 Contents of claim—Filing on behalf of claimant.
A. All claims for damages or injuries against the city, provided for in Section 3.16.010, shall accurately state the time, place, source, nature and extent of the alleged damage or injuries, and give the actual residence of the claimant by street and number at the date of presenting such claim and for six months immediately prior to the time such claims for damages accrued and shall be verified by affidavit of the claimant, or such other person, as may be authorized by law to verify such claims to the effect that the same is true.
B. If the claimant is incapacitated from verifying and filing his claim for damages within the time prescribed, or if the claimant is a minor, or in case the claim is for damages to real or personal property, and if the owner of such property is a nonresident of such city or is absent therefrom during the time within which a claim for damages to said property is required to be filed, then the claim may be verified and presented on behalf of the claimant by any relative or attorney or agency representing the injured person, or in case of damages to property, representing the owner thereof. (Ord. 288-74 § 2, 1974)
3.16.030 Bar to action.
The omission to present any claim for damages or injuries against the city in the manner or within the time this chapter provides shall be a bar to any action against the city therefor. (Ord. 288-74 § 3, 1974)
3.16.040 Action maintained.
No action shall be maintained against the city for any claim for damage or injuries until presentation and filing of such claim to the city clerk of the city. (Ord. 999-84 § 2, 1984; Ord. 288-74 § 4, 1974)
3.16.050 Duties of city clerk.
Upon presentation of any claim for damages or injuries against the city the clerk of the city shall indelibly mark on such claim the date of receipt and shall forthwith deliver a true and complete copy of said claim to the city attorney. (Ord. 288-74 § 5, 1974)
3.16.060 Duties of city attorney.
The law department shall promptly examine all claims for damages or injuries against the city submitted to him by the clerk of the city. The law department is authorized to conduct such investigation into the facts, circumstances and law relative to any claim for damages or injuries against the city as he, in the exercise of his discretion, may deem necessary. Such investigations may be conducted by the risk manager or claims investigators under the city attorney directions. (Ord. 999-84 § 3, 1984; Ord. 288-74 § 6, 1974)
3.16.070 Manner of processing claims.
Subject to the provisions of insurance policies or pooling agreements concerning claims against the city, the city attorney’s office shall process or coordinate the processing of all claims for damages or injuries in the following manner:
A. The risk manager shall be authorized to allow, disallow or settle all claims for damages up to five thousand dollars.
B. The city attorney with concurrence of the risk manager shall be authorized to allow, disallow or settle all claims up to twenty thousand dollars.
C. Claims for damages or injuries between twenty thousand dollars and fifty thousand dollars shall be allowed, disallowed or otherwise settled by a claims committee consisting of the city council president or designee, the city attorney, the risk manager, and the department head from the city department from which the claim arises.
D. All claims exceeding fifty thousand dollars which have been reviewed by the city attorney shall be submitted to the city council for their approval, disapproval or settlement.
E. The risk manager, city attorney or the claims committee may in their discretion refer any claim to the city council.
Final council action required on settlements and litigation will occur in an open meeting.
The city attorney shall prepare an annual summary of claims up to fifty thousand dollars to be distributed to the city council. (Ord. 2982-07 § 1, 2007: Ord. 999-84 § 4, 1984; Ord. 288-74 § 7, 1974)
3.16.080 Authority for payment.
Approval or settlement according to Section 3.16.070 shall be authority for payment of the finance and budget director, or his designee. (Ord. 999-84 § 5, 1984; Ord. 288-74 § 9, 1974)
3.16.090 Invalid claim—Action prohibited.
Neither the city council nor any department or officer or authority shall allow, make valid or in any manner recognize any demand against the city which was not at the time of its creation a valid claim against the city; nor shall they, or any of them, allow or authorize to be paid any demands which without such action would be invalid or which shall have been barred by any statute of limitations or for which the city was never liable; and any such action shall be null and void. (Ord. 288-74 § 10, 1974)
For statutory provisions concerning claims against charter cities, see RCW 35.31.010 and 35.31.020. For the Charter provisions concerning disbursement of funds, see Charter § 14.6.