Spokane Municipal Code

Title 04 Administrative Agencies and Procedures

Chapter 04.02 Special Administrative Procedures – Billing and Collection of Claims

Article I. In General

Section 04.02.030 Filing Claims Against the City

1. In specification of chapter 35.31 RCW and City Charter Section 115, a person seeking to recover monetary damages against the City must file a claim in writing with the city clerk. The claim must state:

1. 1. the claimant’s name, date of birth and actual residence by street and number;

1. 2. the claimant’s address(es) by street and number for the six months immediately prior to the time the claim accrued;

1. 3. a detailed description of the incident giving rise to the claim, including the date, time and place, and how it is believed the City is at fault, including as appropriate:

1. 1. 1. a description of any defect in equipment or premises, and

1. 1. 2. acts or omissions of City agents;

1. 4. the name, address and telephone number of any third party whose property was damaged in the incident;

1. 5. the name, address and telephone number of all witnesses and other persons with information about the claim and other persons involved in the incident;

1. 6. the dollar amount of the claim and an itemization listing specific losses actually sustained or expected, along with copies of bills, statements, estimates, or other proof of specific losses;

1. 7. whether the claim may be compromised or settled and, if so, for what amount.

2. The claim must bear an acknowledgement that it has been sworn to or affirmed by the claimant or an authorized representative.

3. A claim must be filed at least sixty days before the filing of any legal action arising from the incident (or, in the event the statute of limitations would expire within such sixty-day period, at any time prior to filing of the action).

4. In the event any provision, sentence, clause or word hereof is held to be invalid or void, it is the intent that the remainder not be affected and remain fully in effect and force as if such invalid or void portion had been eliminated at the time of enactment.

5. The purposes of this section are to implement the statutory and charter requirements for filing claims and to foster negotiation and settlement of claims, protecting the City’s interests without substantially burdening claimants.

Date Passed: Monday, March 26, 2007

Effective Date: Sunday, May 6, 2007

Recodification ORD C33995 Section 1