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)

3.38.090: PAYMENT DOES NOT IMPLY LIABILITY:

   A.   Any payment made under this chapter shall not be construed as an admission of nor does it imply any negligence or legal responsibility on the part of the city for any purpose.

   B.   This chapter shall not in any way supersede, change, or abrogate the state governmental immunity act, or its successor, and its application to the city or establish in any person a right to sue the city.

   C.   Any payment made under this chapter and accepted shall constitute a full and complete release of any and all claims against the city, its officers, employees, and agents arising from the incident. (Ord. 66-01 § 1, 2001)

3.38.100: ANNUAL BUDGET EXPENDITURE:

The police department is authorized to request the appropriations of sufficient funds, not to exceed ten thousand dollars ($10,000.00), to make the foregoing payments. (Ord. 66-01 § 1, 2001)

3.38.110: CLAIMS FROM OTHER GOVERNMENTAL AGENCIES:

Notwithstanding any other provisions of this chapter, no application shall be accepted from the United States or any of its departments or agencies, the state, or any of its political subdivisions. (Ord. 66-01 § 1, 2001)