Chapter 2.95
CLAIMS AGAINST THE TOWN
Sections:
2.95.020 Contents of claim – Filing on behalf of claimant.
2.95.050 Duties of town clerk.
2.95.060 Duties of town attorney.
2.95.070 Authority for payment.
2.95.010 Filing.
All claims for damages of any type based on any type of claim against the town shall be presented in writing and filed with the town clerk. [Ord. 751 § 1, 1999.]
2.95.020 Contents of claim – Filing on behalf of claimant.
All claims for damages against the town, provided for in LCMC 2.95.010, shall accurately state the time, place, source, nature, extent and basis of the alleged damage, and give the actual residence of the claimant by street and number as of the date of presenting 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.
If the claimant is incapacitated from verifying and filing his/her claim for damages within the time prescribed, or if the claimant is a minor, or in the case the claim is for damages to real or personal property, and the owner of such property is a nonresident of such town or is absent therefrom during the time within which the 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, attorney, or agency representing the injured person, or in the case of damages to property, representing the owner thereof. [Ord. 751 § 1, 1999.]
2.95.030 Bar to action.
The omission to present any claim for damages or injuries against the town in the manner or within the time this section provides shall be a bar to any action against the town therefor. [Ord. 751 § 1, 1999.]
2.95.040 Action maintained.
No action shall be maintained in any court or before any arbitrator against the town or its agents, employees, or elected officials for any damages or injuries until 60 days after presentation and filing of such claim to the town clerk. [Ord. 751 § 1, 1999.]
2.95.050 Duties of town clerk.
Upon presentation of any claim for damages or injuries against the town, the town clerk shall indelibly mark on such claim the date of receipt and shall forthwith deliver a true and complete copy of said claim to the town attorney and town administrator. [Ord. 751 § 1, 1999.]
2.95.060 Duties of town attorney.
The town attorney shall promptly examine all claims for damages or injuries against the town submitted to him/her by the town clerk. The town attorney is authorized to conduct such investigation into the facts and law relative to any claim for damages or injuries against the town as he/she may deem necessary. Alternatively, the town attorney may refer any claim to any entity providing insurance coverage applicable to the claim. The town attorney and/or town administrator shall recommend disposition of the claim to the mayor and town council. [Ord. 751 § 1, 1999.]
2.95.070 Authority for payment.
Approval or settlement of any claim shall occur only upon approval of the town council. [Ord. 751 § 1, 1999.]