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HomeMy WebLinkAboutord2002-051WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 - 251 CLFARANCES Date Dam Received in Council Office Agenda Date Assigned To Ong. Dept.. County Council 7/9/2002 � p p E EC I��' v W L�j LS JUL 0 9 2002 WHATCOM COUNTY COUNCIL ]/162002 Introduction Division Head: 7 Dept Head: Prosecutor. �— —�z Budget Executive. SUBJECT: Ordinance amending Whatcom County Code Section 3.05.010 Tort and Damage Claims ATTACHMENTS SUMMARYSTATEMENT: Related Counts Contract d'. Should the Clerk schedule a hearing? (YM) N Requested Date: Ordinance amending Whatcom County Code Section 3.05.0 10 Tort and Damage Claims to bring consistency to the code with section 2.02.055 RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2002-251 7/16/2002. Introduced 7/3012002'. Adopted 5 -0, Crawford absent, Ord #2002 -051 Related File Numbers: Ordinance or Resolution Number (this item only): oRD. 20n2 osl I Tort and Damage Claim Ord. SPONSORED BY: Consent 2 PROPOSED BY: Prosecutor 3 INTRODUCTION DATE: 7/16/02 5 ORDINANCE NO. 2002 -051 7 AMENDING WHATCOM COUNTY CODE 3.01.010, 8 TORT AND DAMAGE CLAIMS 9 to 11 12 13 14 15 16 17 Is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 §§ 40 41 42 43 WHEREAS, current statute requires that all tort liability claims be filed with the local governing body; and WHEREAS, Whatcom County claims are currently filed with the legislative branch of county government though the Clerk of the Council; and WHEREAS, Whatcom County Code Section 2.02.055 now reads per Ordinance 2002- 022, that all tort liability claims filed against Whatcom County shall first be served upon the clerk of the county council or designee. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 3.01.010 is hereby amended as shown in Exhibit A. ADOPTED this 30th day of July , 2002 A i Dana Brown- Davis, Clerk of the Council APPROVED AS TO FORM: Miry,,- - Civil Deputy Prosecutor Page 1 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Pete Kremer, County Executive Date: °� —© 43 EXHIBIT A 3.01.010 Tort and damage claims. B. Requisites of Claim. All such claims for damages must locate and describe the defect which caused the injury, describe the injury and contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and calling the claim and for a period of six months immediately prior to the time the claim accrued and can be sworn to by the claimant; provided that, if the claimant is incapacitated from verifying and filing his 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 the property is a nonresident of the county or is absent therefrom during the time within which a claim for damages is required to be filed, the claim may be verified and presented on behalf of the claimant by a relative or attorney or agent representing the injured person, or, in case of damages to property, representing the owner thereof. C. Time for Commencement of Action. No action shall be commenced against the county for damages arising out of tortious conduct until a claim has first been , filed with the clerk of the county council, and an action commenced in the proper court within the period allowed by law for the commencement of a like action against private parties. D. Claim Forwarded to the Prosecutin Aorney. Every claim 'WrA " S n tt shall be promptly forwarded to the prosecuting attorney who shall consider same in light of county tort claims defense qualifications. E. All Summons and Complaints to the Prosecuting Attorney. Every tort action summons and complaint shall be served on the county auditor who shall promptly present it to the office of the Whatcom County prosecutor. Page 2