3.38.030: DEFINITIONS:

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

CITY: Salt Lake City Corporation, a political subdivision of the state.

CITY ATTORNEY: The city attorney or his/her designee.

PERSON OR APPLICANT: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, or any other legal entity (except the United States government or any of its agencies, the state and any of its political subdivisions) or their legal representatives, agents, or assigns.

POLITICAL SUBDIVISION: Any political subdivision of the state, including state departments and agencies, cities, towns, counties, and school districts. (Ord. 66-01 § 1, 2001)

3.38.040: ADMINISTRATION AND ESTABLISHMENT OF REGULATIONS:

The city attorney may establish regulations sufficient to provide for the handling of such claims and disbursements of those funds that are set aside for payment of claims under this chapter. (Ord. 66-01 § 1, 2001)

3.38.050: REIMBURSEMENT; APPLICATION; TIME LIMITATIONS:

All applications for reimbursement under this chapter must be submitted to the city recorder within one hundred eighty (180) days after the incident occurs. (Ord. 66-01 § 1, 2001)

3.38.060: APPLICATION; INVESTIGATION AND RECOMMENDATION:

Applications received by the city recorder shall be referred to the city's risk manager. The risk manager shall then forward the application to the police department for investigation and recommendation. The city attorney shall make a determination as to whether or not to pay, under the criteria of this chapter. All payments authorized by the city attorney shall be made solely from funds to be set aside under this chapter. (Ord. 66-01 § 1, 2001)

3.38.070: CRITERIA FOR PAYMENT:

   A.   The determination as to whether to make payments for loss under this chapter shall be based on the following criteria:

      1.   The eligible applicant suffered an otherwise uninsured property loss caused by law enforcement activities, under circumstances where the applicant acted responsibly and nonnegligently to avoid the loss; and

      2.   The loss must be adequately substantiated;

      3.   There are budgeted and unencumbered funds available to pay the claim.

   B.   The following shall result in the denial of an application:

      1.   Application is not timely submitted;

      2.   Loss is fully covered by private insurance;

      3.   Applicant is ineligible under the terms of this chapter;

      4.   Loss was proximately caused by irresponsible or negligent act of the applicant, applicant's agent, or member of applicant's business or household;

      5.   Loss or eligibility is unsubstantiated;

      6.   The applicant knew or should have known that illegal activities were taking place on their premises.

   C.   The following shall result in reduction of payment:

      1.   Loss partially covered by insurance;

      2.   Loss exceeds funding limits or payment caps of this chapter;

      3.   Applicant did not cause the problem, but failed to act responsibly, and nonnegligently to minimize the loss. (Ord. 66-01 § 1, 2001)

3.38.080: MAXIMUM PAYMENTS:

Payments under this chapter shall be limited by the following restrictions:

   A.   One thousand dollars ($1,000.00) per applicant, per incident;

   B.   One payment per applicant, per year.

   C.   The maximum funding limit of ten thousand dollars ($10,000.00) per fiscal year, regardless of the number of claims involved. (Ord. 66-01 § 1, 2001)