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)