§ 2-2. Method for filing claims.

The city shall never be liable for damages of any kind for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or 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, within thirty (30) days after the date the damage or injury occurred, give notice in writing to the city of the claim for damages, which notice shall state the following facts specifically and in detail:

(1)

The date and time when the damage or injury occurred.

(2)

The nature and extent of the damage or injury sustained.

(3)

The amount of money damages sustained, and the amount for which the claimant will settle the claim.

(4)

The actual residence of the claimant by street and number, city and state, on the date the claim is presented, and the actual residence of such claimant for six (6) months immediately preceding the occurrence of such damage or injuries.

(5)

The names and addresses of all persons who, according to knowledge or information of the claimant, witnessed the occurrence which caused the damages or injury.

All notices required by this section shall be given to the city by delivering a copy to the city clerk in the city hall building in Henrietta, and such notices shall be effective only when actually received in the office of the city clerk.

The failure to notify the city of a claim within the time and in the manner specified herein shall exonerate, excuse and exempt the city from any liability whatsoever by reason of such damages or injuries.

(Ord. No. 9204, 3-16-92)

Editor's note

Ord. No. 9204, adopted March 16, 1992, did not specifically amend the Code; hence, inclusion as § 2-2 was at the discretion of the editor.