Resolution 1997-28 - Laserfiche WebLink

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2. Such payments for costs of cleanup will be made only to owners of residential property and only in those circumstances where the backup occurs in the main sewer line and not when the backup is caused by an obstruction in the individual property owner's service line. No payments shall be made if the City determines the backup was the result of negligence or intentional conduct on the part of any contractor or the owner or resident of the affected property. 3. The Utility Division Field Operations crew responding to the sewer backup complaint will make the determination of whether the backup occurred in the City sewer main and whether the backup occurred as a result of a blockage in the property owner's service line. 4. The amount of payment made to property owners shall be recommended by the City's insurance claims adjustor subject to approval of the City's Risk Manager, but shall not exceed $1,000 for anyone occurrence. The property owner and homeowners as appropriate will be required to release the City from any further obligations arising out of the sewer backup prior to receiving these funds. 5. Any payments made by an insurance company or any other third party will reduce, on a dollar for dollar basis, any compensation paid under this policy. 6. The City accepts no liability for damages to the property as a result of sewer main backup by virtue of its payments under this policy. 7. The costs associated with the cleanup of the impacted properties and payments made to property owners under this program shall be charged to the City's Sewer Fund. III. Administration. The City's Risk Manager shall be the main contact for request for payment under this program. Questions on payments for damages and process for filing claims should be directed to this office. Section 2. The City Risk Manager and City Administrator's Office are authorized to promulgate such additional forms, claims, procedures, policies, rules and regulations as are necessary to implement the foregoing policy regarding City payments for expenses resulting from sewer backups. Section 3. Nothing in this Resolution or the Policy adopted herein shall be construed to create any liability, or to waive any of the limitations, rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et seq., 10 c.R.S., as from time to time amended, or otherwise available to the City, its officers, employees or agents.