(A) City not liable. Neither the city, the department, the director nor the city’s officers, elected officials, agents, servants or employees shall be liable for personal injury, death or property damage resulting from any of the following:
(1) Faulty or defective private plumbing, or private plumbing not meeting the provisions of this chapter; or
(2) Defects, damage or failure of a part of the wastewater system; or
(3) Defects, damage or failure of a part of the water system directly used for fire protection; or
(4) Defects, damage or failure, of which the city had no actual or constructive notice, of a part of the waste system not directly used for fire protection; or
(5) Rejection of applications, revocation of permits, interruption of service, discontinuance of service, or damage to customer’s equipment or machinery due to interruption of or discontinuance of service; or
(6) Any condition or state, not caused by the city, of treated or untreated water supplied to premises, including soluble or insoluble substances that may mix with the water; or
(7) Damage to any boiler, air conditioning equipment, ice machine, ice cream machine or any other water consuming device supplied directly with the city water service and due to an interruption or discontinuance of service when such customer’s property has inadequate water reserve supply or capacity.
(B) State and federal law immunity. The provisions of this chapter are subject to the applicable state or federal laws concerning governmental immunity and its waiver. This subchapter must not be construed to either restrict or expand the applicability of those laws.
(Ord. O-16-821, passed 7-28-2016)