This chapter is adopted pursuant to the provisions of Article 2 (beginning with Section 29631) of Chapter 3 of Division 3 of Title 3 of the Government Code. (Ord. 10565 § 2 (part), 1972: Ord. 4099 Art. 102 § 20001, 1942.)

As used in this chapter, a “needy person” is a person who has suffered pecuniary loss to an extent that he can no longer meet essential obligations or expenses from income or assets available for such purpose, or from indemnification or financial assistance that may reasonably be expected to be available from any other source, without serious financial hardship. (Ord. 10565 § 2 (part), 1972: Ord. 4099 Art. 102 § 20003, 1942.)

This chapter applies to every needy person residing in the unincorporated territory of this county whose tangible property located in the unincorporated territory of this county, on or after January 1, 1970, has been injured or destroyed as a consequence of an act of a peace officer in the detection of crime or the apprehension or arrest of any person for any public offense other than the claimant or a member of his family living with the claimant. (Ord. 10565 § 2 (part), 1972: Ord. 4099 Art. 102 § 20002, 1942.)

A person seeking reimbursement pursuant to this chapter shall file a claim not later than six months after the injury or destruction of his property. The claim shall contain all facts showing that the claimant is a needy person and subject to the provisions of this chapter. The claim shall also comply with those provisions of the Government Code which apply to claims which Section 911.2 of the Government Code requires be presented not later than six months after the accrual of the cause of action. (Ord. 88-0054 § 2 (part), 1988: Ord. 10565 § 2 (part), 1972; Ord. 4099 Art. 102 § 20004, 1942.)

Except as otherwise provided in this chapter, all of the provisions of Part 3 (beginning with Section 900) of Division 3.6 of Title 1 of the Government Code as now or hereafter amended, which apply to claims which Section 911.2 thereof requires be presented not later than six months after the accrual of the cause of action, apply to claims filed pursuant to this chapter. (Ord. 88-0054 § 2 (part), 1988: Ord. 10565 § 2 (part), 1972: Ord. 4099 Art. 102 § 20005, 1942.)

If the board finds, pursuant to a claim timely filed pursuant to this chapter, that the claimant is a person to whom this chapter applies and that he has been damaged by the injury to or destruction of property as provided in Section 4.44.030, it shall allow the claim in an amount equal to the amount it finds the claimant has been damaged, except that the total amount paid on any one claim shall not exceed $5,000.00. (Ord. 11497 § 1, 1977: Ord. 10565 § 2 (part), 1972: Ord. 4099 Art. 102 § 20006, 1942.)

In determining whether the claimant is a needy person, the board shall consider the claimant’s financial condition prior to the injury to or destruction of his property, and shall not grant reimbursement to a claimant in an amount which would place him in a better financial condition than existed prior to such injury or destruction. (Ord. 10565 § 2 (part), 1972: Ord. 4099 Art. 102 § 20007, 1942.)

The determination of whether the claimant is a needy person and the amount of reimbursement are factual matters within the sole discretion of the board. (Ord. 10565 § 2 (part), 1972: Ord. 4099 Art. 102 § 20008, 1942.)