057-17 - Ordinance - Adopting New Chapter 1.22 Claims Against the CityORDINANCE NO. 057-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING A NEW CHAPTER 1.22 ("CLAIMS AGAINST THE CITY") TO THE
PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, on July 21, 2017, the classification of the City of Port Orchard
changed to that of Non-Charter Code City; and
WHEREAS, the reclassification of the city necessitated certain additions to the
Port Orchard Municipal Code ("POMC"); and
WHEREAS, the City Council has determined that it is in the best interests of the
city to adopt Chapter 1.22 POMC as a necessary addition to the POMC as a result of the
reclassification; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code Chapter 1.22 ("Claims Against the City") is
hereby adopted as follows:
Chapter 1.22 - CLAIMS AGAINST THE CITY
Sections:
1.22.010 Notice of claim.
1.22.020 Distribution, review of claim.
1.22.030 Statute of limitation.
1.22.010 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: (A) the claimant, verifying the claim, (B) pursuant to a
Ordinance No. 057-17
Page 2 of 3
power of attorney, the attorney in fact for the claimant, (C) an attorney licensed
to practice in Washington on behalf of the claimant, or (D) a court-approved
guardian or guardian ad litem on behalf of the claimant, prior to filing the claim
for damages with the city clerk.
1.22.020 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.
1.22.030 Statute of limitation.
A lawsuit based upon the allegations of a claim for damages may not be
instituted against the city within sixty (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 sixty-calendar-day period. For purposes of the applicable
period of limitations, an action commenced within five court days after the sixty-
calendar-day period has elapsed is deemed to have been presented on the first
day after the sixty-calendar-day period has elapsed.
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 28th day of November 2017.
Robert Putaansuu, Mayor
ATTEST:iPONSOR:L>/
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Brandy Rinearson, CMC, City Clerk Bek Ashby, Councilmemppr
Ordinance No. 057-17
Page 3 of 3
APPROVED AS TO FORM:
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Sharon Cates; City Attorney
December 8, 2017
December 13, 2017
PUBLISHED:
EFFECTIVE DATE:
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held November 28, 2017.
ORDINANCE NO. 057-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING A NEW CHAPTER 1.22 (“CLAIMS AGAINST THE CITY”) TO THE
PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 057-17 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 057-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 8, 2017