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Frequently Asked Questions

Filing a Claim

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Q: When should I file a claim?

A: If you feel  the City, or a City employee acting within the course and scope of his or her employment, has damaged your property or injured you, we encourage you to file a claim.

Q: How do I obtain a claim form?

A: Claim forms may be obtained online for Automobile Claims, Sewer Claims and General Damage Claims. You can also get a claim form by calling the City Legal Department Litigation Division at (515) 283-4564. You may also call the City's Claims Adjuster at (515) 283-4565.

Q: What should I attach to the claim form?

A: Attach all relevant documents you have, such as bids, receipts, invoices, pictures and other supporting documents for your claim.

Q: How many repair estimates do I submit?

A: For property damage claims relating to automobiles, please attach two separate estimates for the damages being claimed. For other property damage, please submit one estimate.  At times  we may require an appraisal or other type of inspection of the property.

Q: Can I have the repairs done or do I have to wait for the claims process to be concluded?

A: We prefer the City Adjuster inspect your damage first, but in cases of emergency, you can go ahead and have the repairs completed. However, you should take photographs of the damage before repairs are made in order to substantiate your claim. It is always easier for our Claims Adjuster to analyze the damage if he can see the damage before it is repaired. Please  remember that we will consider pre-loss condition in evaluating damage.

Q: Once I file a claim, what happens next?

A: The City's Claims Adjuster will be in touch with you within a short time after your claim is received. It may take four to six weeks for your claim to be fully resolved. This time allows us to do a full investigation and talk with all of the City departments and employees who may have knowledge or information concerning your claim. During the course of our investigation, the Claims Adjuster may visit you personally or call you for further questions.  Once the claims investigation has been completed, we will contact you regarding the outcome of our investigation.

Q: How long do I have to file a claim?

A: You can file a claim whenever you want, but you should be aware that if your claim is denied and you wish to file a lawsuit (see below) that a statute of limitations will come into play.  You should consult an attorney as to the statute of limitations which might be applicable to your cause of action.  We can't give you that kind of legal advice.  The sooner you file a claim the more likely it is that all of the evidence will be easily gathered.  

Q: What do I do if my claim is denied?

A: If you do not agree with the City's resolution of your claim, you may file a lawsuit in a court of appropriate jurisdiction.

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Sidewalks, Trees and Landlords

Q: Who is responsible for maintenance and snow removal on the sidewalk in front of a home or business?

A: Responsibility falls on the abutting property owner as stated in the Municipal Code, 102-42, "Maintenance of Sidewalks", and "Removal of Snow and Ice From Sidewalks", sections 102-12 through 102-136. Search the City Code.

Q: I trimmed my neighbor's tree that was hanging over onto my property and he's upset. What can I do?

A: The city plays no role in neighborhood disputes, but there is a program that might be able to help. Call Neighborhood Mediation at (515) 286-3057.

Q: A tree on the City's Right-Of-Way is dead or dying. Who do I call?

A: Call the City's Forestry Department at (515) 283-4194.

Q: I have a landlord/tenant dispute question. Who do I call?

A: The city plays no role in landlord/tenant disputes, but there is a program that might be able to help. Call Home Incorporated at (515) 243-1277.

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Criminal Charges, Traffic Tickets and Police Matters

Q: I've been charged with a crime or received a traffic ticket. I want to know when a where to go to court. How do I find out?

A: The Polk County Clerk of Court is the custodian of criminal and traffic records. For information, please call (515) 286-3765 for criminal or (515) 286-3920 for traffic. The Clerk of Court is located in the Polk County Courthouse at the west end of Court Avenue in downtown Des Moines.

Q: I've been charged with a crime. How can I talk to the prosecutor?

A: The City prosecutes only municipal misdemeanors, including violations of the City Traffic Code committed inside the Des Moines City limits. If your court documents reference a Des Moines City ordinance, then you may call the City's Prosecutor at (515) 283-4532. If your court documents do not reference a Des Moines City ordinance, then you probably need to call the Polk County Attorney's Office at(515) 286-3737, or the prosecutor for the city where you received the ticket.

Q: I have a subpoena to appear as a witness in traffic court. Do I have to appear? How much will I get paid?

A: Yes, you are required to appear Please bring a copy of the subpoena with you as you will receive a witness fee of $5.00 plus 24 cents a mile. Any further questions involving witness fee payments are usually directed to the clerk in the Traffic Court Office at (515) 286-3920.

Q: Who can I talk to regarding police misconduct?

A: Office of Professional Standards at (515) 283-4816.

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Legal Representation

Q: I have a problem with my landlord or my neighbor or my employer or my spouse or my ex-spouse. I need some legal advice. Can you help me?

A: We're sorry, but no, in this instance we can't help you. The City Attorney's office represents the City and City employees in matters related to their City employment. We can't represent private parties or give them legal advice. The Iowa State Bar Association oversees a lawyer referral service. Call (515) 280-7429, if you would like to use the lawyer referral service. You might also try the Legal id Society of Polk County at (515) 243-1193, or the Legal Services Corporation of Iowa at (515)243-2151.

Q: What is the difference between the City Attorney and the County Attorney, the Attorney General, and the U.S. Attorney?

A: The City Attorney and the City Attorney's office represent the City and City employees in matters related to their City employment. The County Attorney and County Attorney's office represent the County and County employees. In addition, the Criminal Bureau of the County Attorney's office prosecutes all State crime violations in Polk County. The Attorney General's office represents the State of Iowa and its employees and the many State agencies. The United States Attorney represents the United States and its employees and prosecutes criminal cases in the United States District Court.

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Housing, Zoning and Other City Ordinances

Q: I have a question about housing code enforcement or zoning code enforcement. Who can I talk to?

A: For Housing questions, please call (515) 283-4787. For Zoning questions, please call (515) 283-4207.

Q: I want to know what a City ordinance means. Can you help me?

A: The City department charged with the day-to-day administration and enforcement of an ordinance can answer general questions regarding how the ordinances are applied by the City. If the department is unable to answer your question, it can refer you to the City Attorney with expertise in the particular area involved. While we can't give you legal advice, we will try to help any way we can. Search the City Code.

Q: How can I get a copy of a City Ordinance?

A: You can view the City Code at the City Clerk's office on the 2nd floor of City Hall, 400 Robert D. Ray Drive, Des Moines, IA. City Hall is just north of the Embassy Suites Hotel on the east side of the Des Moines river. You can also find a copy of the City Code at any City Library, or online at http://www.municode.com.

Referrals For Other Legal Matters