(a) Definitions. For the purposes of this section:
(1) “Lateral” means the line materials connecting the wastewater collection system of a structure on private property to the main line of the Amherst sanitary sewer system.
(2) “Road property” means any property that is within a dedicated and accepted street right-of-way and that is either under the improved roadway surface or within twelve inches of the curb or improved roadway surface.
(3) “Damage” to a lateral means the collapse of a sewer tile or tiles that obstructs the flow of effluent in the sewer line or a separation of tiles that causes an obstruction in the flow of effluent in the sewer line.
(4) “Road property lateral repair work” means:
A. Excavation within road property;
B. Opening, closing and returning the roadway to its former state; and
C. Repairing or replacing line materials that lie within the road property.
(5) “Routine maintenance and cleaning” means removal of tree roots, foreign objects, accumulated grease or other obstructions that do not fall within the definition of damage as defined in this section.
(b) Determination of Damage. For the purposes of this section, the only acceptable method of identifying damage to a lateral shall be the use of an in-line video camera system or comparable technology approved by the Superintendent of Utilities, with the results recorded on video tape or disk.
(c) Applicability. In cases where there is determined to be a damage to that portion of a lateral that lies within road property the City may, at the discretion of the Safety/Service Director, pay all or part of the costs of the road property lateral repair work. Such assistance shall only be paid if:
(1) The property owner or resident has engaged a professional plumber who, using an in-line video system, has examined the entire lateral and certified that there is damage to the portion of the lateral leading into the resident’s home that lies within road property, and such plumber has provided a copy of a video tape or disk of the examination of the entire lateral to the Superintendent of Utilities for review.
(2) The Superintendent of Utilities has examined the report of the plumber and/or video tape or disk produced by the in-line camera and concurs that there is damage requiring repairs in that part of the lateral that lies within road property.
(3) The Superintendent of Utilities is not of the opinion that damage to such lateral is due to failure of the property owner to maintain the lateral or abusive or over-aggressive attempts by the property owner or someone engaged by the property owner to remove blockages.
(d) Allocation of Repair Costs and Responsibilities.
(1) If the Safety/Service Director approves the payment of all or part of the costs of certain road property lateral repair work, then the property owner may elect to have the repairs in road property performed by a licensed private contractor and seek reimbursement from the City for the approved costs or the property owner may request that the work be performed by City employees, and, if the City’s cost of performing such work exceeds the amount the City has agreed to pay, then the property owner shall reimburse the City for the excess. The Superintendent of Utilities shall be responsible for determining if and when City employees are available to work on projects covered under this section. The use of private contractors must be approved in advance by the Superintendent of Utilities and the City shall not reimburse the property owner for an amount that exceeds what the City’s real and actual costs would be if the road property lateral repair work had been performed by City employees as determined by the Safety Service Director.
(2) If the video tape provided by the property owner also identifies significant damage to that portion of the lateral that lies between the clean-out and the edge of road property, the property owner shall, at such property owner’s sole cost and expense, cause such damage to be repaired at the same time as the repairs are being made on that portion of the lateral that lies within road property.
(3) Work to repair any portion of a lateral outside road property may not be performed by City employees.
(4) The property owner shall be responsible for repairing all damage to any portion of a lateral that lies outside road property at such property owner’s sole cost and expense.
(e) Routine Maintenance and Cleaning. The property owner shall be solely responsible for routine maintenance and cleaning of the lateral from the clean-out to the connection of the lateral to the sewer main.
(f) Liability for Property Damage. Nothing in this section shall be interpreted in any way to make the City or any of its officials, representatives or employees liable for damage to private property, the structures thereon or the contents thereof resulting from a back-up of waste water or materials attributable in whole or in part to damage to blockage of any portion of a lateral.
(g) Development of Forms and Policies. The Safety/Service Director shall develop standardized forms and written policies for use in documenting the steps for all claims and requests submitted under this section.
(h) Effective Date. The section shall apply only in cases where the initial damage to the lateral was first identified after the effective date of this section.
(Ord. 02-79. Passed 8-26-02.)