Chapter 13.10
BACKFLOW VALVES
Sections:
13.10.020 Damage from backflow – Steps to be taken by property owner.
13.10.030 Filing of waiver by property owner – Installation of backflow valve by city.
13.10.010 Requirements for submittal of plans – Owners responsible and liable for sewer service lines.
Any building plan presented to the building inspector for a building permit shall accurately state the depth of the city sewer main to which the building sewer line will hook up and the depth of the building sewer line at the point it leaves the building. All property owners are responsible and liable for their sewer service lines, including anti-backflow devices attached thereto. (Ord. 719 § 1, 1993).
13.10.020 Damage from backflow – Steps to be taken by property owner.
In the event that a property owner suffers damage from backflow from a city sewer line and a claim for damages has been filed with the city, such property owner is required to do one of two things:
(1) Such property owner may execute and file with the city clerk-treasurer a good and sufficient waiver of claim for any future damages resulting from a backflow of sewage resulting from the clogging of the city municipal lines, releasing the city from any future and further damages or expenses, and such waiver shall be in suitable form for recording and shall be recorded on the public records and run with the land and be binding upon future owners of the land and the successors and assigns of such property owner; or
(2) The property owner may, within a reasonable time after filing claim for such initial damage, cause to be installed in the building sewer line on his own property a backflow valve of suitable construction and design that will close in the event there is a backflow to the property from the municipal line in such a way that it will prevent any sewage flowing toward such building from flooding or damaging such property, and such installation and expense shall be done at the sole cost of the property owner. (Ord. 719 § 2, 1993).
13.10.030 Filing of waiver by property owner – Installation of backflow valve by city.
(a) If such property owner who has once suffered sewage damage and has filed a claim therefor with the city does not within a reasonable time thereafter execute, deliver and file with the city clerk-treasurer a waiver of claims for any future damage resulting from a backflow of sewage resulting from the clogging of the city municipal lines, from any cause, releasing the city from any future and further damage or expense, in suitable form for recording, or if in such event the property owner does not, within a reasonable time, install a backflow valve in his building sewer line as provided in this chapter, the city may, if its engineers or city foreman deem that it is fitting and proper to do so, proceed as follows: A notice shall be given to the property owner in writing that the city intends to enter upon the property and install a backflow valve, which notice shall state a time and place for hearing thereon before the city council, and if after such hearing, the city council deems it fitting and proper, it shall order the city foreman to proceed to excavate and install a backflow valve of suitable design and construction to prevent a reoccurrence of flooding damage to the property resulting from the flow of sewage from the municipal line to the damaged property.
(b) If the property owner, after such installation has been made by the city, fails, neglects or refuses to pay the reasonable cost of such construction and installation including but not limited to, labor, material and parts and rental equipment, the city may file a lien therefor against the property and foreclose the lien in superior court in the manner provided by statutes for the foreclosure of mechanic’s or materialmen’s lien. (Ord. 719 § 3, 1993).