Chapter 1.25 CLAIMS AGAINST THE CITY*

Chapter 1.25
CLAIMS AGAINST THE CITY*

Sections:

* Code reviser’s note: Ord. 057-17 adds these provisions as Chapter 1.22. The chapter has been renumbered to avoid duplication of numbering.

1.25.010 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 or circumstances 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 signed by: (1) the claimant, verifying the claim, (2) pursuant to a power of attorney, the attorney in fact for the claimant, (3) an attorney licensed to practice in Washington on behalf of the claimant, or (4) 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. 057-17 § 1).

1.25.020 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 clerk shall coordinate further distribution and review. (Ord. 057-17 § 1).

1.25.030 Statute of limitation.

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. 057-17 § 1).