Chapter 1.20 CLAIMS AGAINST THE CITY

Chapter 1.20
CLAIMS AGAINST THE CITY¹

Sections:

1.20.010 Notice of claim.

No action for monetary damages against the city shall be commenced until a written claim for damages has been properly presented and filed with the city clerk’s office on a form provided by the clerk. The claim must specify the name of the claimant; date of birth; contact information; description of conduct that brought about the injury or damage; description of injury or damage; statement of time and place that the injury or damage occurred; list of names of all persons involved and contact information, if known; statement of the amount of damages claimed; and statement of actual residence of the claimant at the time of presenting the claim and at the time the claim arose. All claims must be notarized and signed by: (1) the claimant verifying the claim, (2) a person with power of attorney for the claimant, (3) the attorney in fact for the claimant, (4) an attorney licensed to practice in Washington on behalf of the claimant, or (5) a court-approved guardian or guardian ad litem on behalf of the claimant prior to filing the claim for damages with the city clerk.

(Ord. No. 09-639, § 1, 12-15-09; Ord. No. 91-88, § 2, 2-19-91. Code 2001 § 2-156.)

1.20.020 Distribution, review of claim.

Once the claim is properly filed with the city clerk, it shall be distributed to the mayor, appropriate department directors and the city attorney. As necessary, the city attorney shall coordinate further distribution and review.

(Ord. No. 11-684, § 1, 1-18-11; Ord. No. 09-639, § 1, 12-15-09; Ord. No. 91-88, § 3, 2-19-91. Code 2001 § 2-157.)

1.20.030 Statute of limitations.

A lawsuit based upon the allegations of a claim for damages may not be instituted against the city within 60 days of the filing of such claim. The applicable period of limitations within which an action must be commenced shall be tolled during the 60-calendar-day period. For purposes of the applicable period of limitations, an action commenced within five court days after the 60-calendar-day period has elapsed is deemed to have been presented on the first day after the 60-calendar-day period has elapsed.

(Ord. No. 09-639, § 1, 12-15-09; Ord. No. 91-88, § 4, 2-19-91. Code 2001 § 2-158.)

Cross reference: Indemnification of city officials, officers and employees, Chapter 2.05 FWRC.

State law reference: Tort claims, RCW 35A.31.030.