Section 12.11. Claims.
The City shall not be liable in damages for injury to person or property by reason of the negligence of the City, its officers, or employees, or by reason of any defective highway, street, sidewalk, public work, public service improvement, or facility or by reason of any obstruction, ice, snow, or other encumbrance thereon, unless, within sixty days after such injury occurs, the person damaged or their representative causes to be filed with the Clerk a written notice, stating that such person intends to hold the City liable for such damages. Such notice shall set forth specifically the time and place of the injury, the manner in which it occurred, the nature of the act, defect, or negligence complained of, the extent of the injury in so far as known, and the names and addresses of witnesses known to the claimant and shall be personally signed by the claimant unless disabled. No such action shall be brought by any person, firm or corporation unless, by means of such notice, the City has had an opportunity to make timely investigation to identify the venue and facts of the claim, and a reasonable opportunity to adjust or settle the same, and in no event shall any such action be brought after the period prescribed by law. It shall be a sufficient bar to any action upon any such claim that the notice of injury required by this section was not filed within the time and in the manner herein provided. If required by the City Commission, or a committee or delegate thereof appointed to conduct the investigation, said claimant shall produce their witnesses and they may bet sworn and examined as to the nature of the claim, the amount thereof, and the extent of the injury. The City Commission, or its committee or delegate, shall have power to subpoena witnesses for such hearing.
(Amended March 10, 2020)