(a)
The
city shall never be liable for any personal injury, whether resulting
in death or not, unless the person injured or someone in his behalf,
or in the event the injury results in death, the person or persons
who may have a cause of action under the law by reason of such death
or injury, shall file a notice in writing under oath with the city
administrator or city secretary within thirty (30) days after the
same has occurred, stating specifically in such notice when, where
and how the exact injury occurred and the full extent thereof, together
with the amount of damages claimed or asserted.
(b)
The
city shall never be liable for any claim for damage or injury to personal
property unless the person whose personal property has been injured
or damaged or someone in his behalf shall file a claim in writing
under oath with the city administrator or the city secretary within
thirty (30) days after said damage or injury has occurred, stating
specifically when, where and how the injury or damage occurred and
the full extent thereof, and the amount of damage sustained.
(c)
The
city shall never be liable for any claim for damage or injury to real
property caused by the negligent act or omission of its officers,
servants, agents or employees, unless the person whose real property
has been injured or damaged, or someone in his behalf shall file a
claim in writing under oath with the city administrator or city secretary
within thirty (30) days after said damage or injury has occurred,
stating specifically when, where and how the injury or damage occurred,
and the amount of damage claimed.
(d)
The
city shall never be liable on account of any damage or injury to person
or to personal property arising from or occasioned by any defect in
any public street, highway, alley, grounds or public work of the city
unless the specific defect causing the damage or injury shall have
been actually known to the city administrator, or to the director
of public works at least twenty-four (24) hours prior to the occurrence
of the injury or damage, or unless the attention of the city administrator
or director of public works shall have been called thereto by a notice
thereof in writing at least twenty-four (24) hours prior to the occurrence
of the injury or damage and proper diligence has not been exercised
to rectify the defect.
(e)
The
notice herein required to be given to the city administrator or director
of public works of the specific defect causing the damage or injury
shall apply where the defect arose from any omission of the city itself,
through its agents, servants or employees or acts of third parties.
(1979 Code of Ordinances, Chapter 9, Sec. 9-2)
Neither the mayor, any city councilman, the city administrator, city secretary, city attorney or any other officer or employee of the city shall have authority to waive any of the provisions of Section 1.401, but the same may be waived only by resolution of the city council, made and passed before the expiration of the said thirty (30) day period provided for in said section, which resolution shall be evidenced by the minutes of the city council.
(1979 Code of Ordinances, Chapter 9, Sec. 9-3)
(a)
The
above written notice requirements shall be waived if the city has
actual knowledge of death, injury or property damage likely to result
in a claim against the city. The city shall not be deemed to have
actual knowledge unless that knowledge is attributable to an appropriate
city official whose job duties include the authority to investigate
and/or settle claims against the city.
(b)
Notice
requirements shall likewise be waived in cases in which the plaintiff
can demonstrate good cause or civil rights violations.
(Ordinance adopting Code)
