Title 3 FINANCE AND TAXATION CODE
Chapter 335 SETTLEMENTS AND SMALL CLAIMS
Cross References
335.01 Department heads settling claims.
335.012 City attorney settling claims.
335.015 Refund of permit fee.
335.02 Warrant of auditor.
335.03 Quarterly statement.
335.04 City employee losses.
335.05 False claims.
Cross References
Auditor paying claims - see CHTR. Sec. 84
Proof or payment of claims - see Ohio R.C. 705.20, 733.13
335.01 Department heads settling claims.
The various department heads are authorized to settle or compromise on
behalf of the city any claim against the city allegedly resulting from acts of
negligence wherein the amount to be paid in settlement of any claim does not
exceed two thousand five hundred dollars ($2,500.00), and wherein said
settlement is deemed to be in the best interests of the city. The compromise or
settlement may be effected by securing a release from the claimant. However, no
department head shall be authorized to settle claims except those arising out of
alleged negligent acts relating to the functions of the department. (Ord.
801-73; Ord. 1576-00 § 2 (part).)
335.012 City attorney settling claims.
(A) The city attorney is authorized to compromise or settle on behalf of
the city any claim against the city wherein the amount to be paid in settlement
of any claim does not exceed twenty thousand dollars ($20,000.00), and wherein
the settlement is deemed to be in the best interests of the city. The compromise
or settlement may be effected by securing a release from the
claimant.
(B) The city attorney is authorized to compromise, settle, and
release, on behalf of the city any claim or lawsuit in favor of the city wherein
the amount alleged to be due to the city does not exceed twenty thousand dollars
($20,000.00) and wherein the city attorney finds one (1) or more of the
following factors: the financial condition of the debtor is such as to make
settlement or compromise of the claim advisable; there is a possible legal
defense to the city’s claim; the whereabouts of the alleged debtor cannot
be determined; the probable cost of collection exceeds the amount due; the
settlement or compromise is in the best interests of the city. (Ord. 801-73;
Ord. 1576-00 § 2 (part); Ord. 126-01 § 1.)
335.015 Refund of permit fee.
Upon return to the issuing authority of any unused permit required by the
provision of the Columbus City Codes, 1959, the issuing authority shall refund
to the person named therein the permit fee paid less such amount as the issuing
authority determines to be the reasonable costs to the city in connection with
issuing such permit and making such refund.
Provided, however, that no
refund shall exceed the sum of one thousand dollars ($1,000.00) and that this
section shall not apply to permit fees which are otherwise specifically
precluded from being refunded by the provisions of the Columbus City Codes,
1959. (Ord. 1570-62.)
335.02 Warrant of auditor.
The city auditor is authorized and directed to draw a warrant upon the
city treasurer for payment of any claim compromised or settled as provided in
Section 335.01 or Section 335.012, upon receipt of a voucher approved by the
appropriate department head if the claim is compromised or settled by a
department head in accordance with Section 335.01, or by the city attorney if
the claim is compromised or settled in accordance with Section 335.012. (Ord.
688-58; Ord. 630-66; Ord. 1576-00 § 2 (part).)
335.03 Quarterly statement.
Each department shall furnish a quarterly statement to city council, the
mayor, the city auditor and the city attorney on each claim paid under the
provisions of 335.01 of these codes.
The city attorney shall furnish a
quarterly statement to the city council, the mayor, the city auditor and each
department director on each claim paid under the provisions of 335.012 of these
codes. (Ord. 688-58; Ord. 1576-00 § 2 (part).)
335.04 City employee losses.
The various department heads are authorized to settle claims with
employees of the city for loss or damage to their personal property arising from
or because of any occurrence suffered by employees duly acting within the scope
of their employment and within the hour of actual employment under the following
conditions:
(A) No employee shall be reimbursed for any loss in excess of
three hundred dollars ($300.00) per item of personal property lost or
damaged.
(B) No individual employee shall be reimbursed for more than six
hundred dollars ($600.00) for all items of personal property lost or damaged as
a result of any one incident.
The city auditor is authorized to draw his
warrant upon the city treasurer in payment of any claim presented as set forth
in this section, upon receipt of a voucher certifying the date, time, location
and description of the incident which is the cause of the claim. The voucher
shall be approved by the appropriate department head as being fair and accurate
reimbursement for the article damaged or lost.
(C) No employee shall be
reimbursed for any item of personal property lost or damaged wherein the
employee has been negligent in the occurrence in which the alleged loss arose.
(Ord. 1681-77; Ord. 1576-00 § 2 (part).)
335.05 False claims.
(A) Liability for Certain Acts. Any person who:
(1) Knowingly
presents, or causes to be presented, to an officer or employee of the city a
false or fraudulent claim for payment or approval;
(2) Knowingly makes,
uses, or causes to be made or used, a false record or statement to get a false
or fraudulent claim paid or approved by the city;
(3) Conspires to defraud
the city by getting a false or fraudulent claim allowed or paid;
(4) Has
possession, custody, or control of property or money used, or to be used, by the
city and, intending to defraud the city or willfully to conceal the property,
delivers, or causes to be delivered, less property than the amount for which the
person receives a certificate or receipt;
(5) Authorized to make or deliver
a document certifying receipt of property used, or to be used, by the city and,
intending to defraud the city, makes or delivers the receipt without completely
knowing that the information on the receipt is true;
(6) Knowingly buys, or
receives as a pledge of an obligation or debt, public property from an officer
or employee of the city, who lawfully may not sell or pledge the property;
or
(7) Knowingly makes, uses, or causes to be made or used, a false record
or statement to conceal, avoid, or decrease an obligation to pay or transmit
money or property to the city,
is liable to the city for a civil penalty of
not less than five thousand dollars ($5,000.00) and not more than ten thousand
dollars ($10,000.00), plus three (3) times the amount of damages which the city
sustains because of the act of that person, except that if a court finds
that:
(a) The person committing the violation of this subsection furnished
officials of the city responsible for investigating false claims violations with
all information known to such person about the violation within thirty (30) days
after the date on which the defendant first obtained the
information;
(b) Such person fully cooperated with any city investigation of
such violation; and
(c) At the time such person furnished the city with the
information about the violation, no criminal prosecution, civil action, or
administrative action had commenced under this section with respect to such
violation, and the person did not have actual knowledge of the existence of an
investigation into such violation;
The court may assess not less than two
(2) times the amount of damages which the city sustains because of the act of
the person. A person violating this subsection shall also be liable to the city
for the costs of a civil action brought to recover any such penalty or damages,
including attorney fees.
(B) Knowing and Knowingly Defined. For purposes of
this section, the terms “knowing” and “knowingly” mean
that a person, with respect to information:
(1) Has actual knowledge of the
information;
(2) Acts in deliberate ignorance of the truth or falsity of the
information; or
(3) Acts in reckless disregard of the truth or falsity of
the information, and no proof of specific intent to defraud is
required.
(C) Claim Defined. For purposes of this section,
“claim” includes any request or demand, whether under a contract or
otherwise, for money or property which is made to the city or to a contractor,
grantee, or other recipient of the city if the city provides any portion of the
money or property which is requested or demanded, or if the city will reimburse
such contractor, grantee, or other recipient for any portion of the money or
property which is requested or demanded.
(D) Any information furnished to
the city pursuant to subparagraphs (A) through (C) shall be considered
confidential.
(E) Exclusion. This section does not apply to claims, records,
or statements made under Chapter 361 of the city code.
(F) Any person who is
found by the court to have violated this section shall be barred from receiving
a contract from the city for a period of three (3) years.
(G) The city
attorney is authorized to commence an action in a court of competent
jurisdiction to collect the civil penalty or multiple damages provided by this
section, and prior to the commencement of an action the city attorney is
authorized to negotiate the settlement of a claim under this section. (Ord.
2163-93.)
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