A. The determination as to whether to make payment for loss under this chapter will be based upon the following criteria:
1. Whether an eligible applicant incurred an otherwise uninsured or uncovered damage or loss caused by the backup of City water or sewer facilities and where the applicant acted responsibly to avoid or mitigate the loss; and
2. If so, whether the extent of the loss has been adequately substantiated; and
3. If there is an unencumbered balance in the Risk Fund from which to pay.
B. The following will result in the denial of an application:
1. Application not timely submitted;
2. Loss fully covered by private insurance; the City will not reimburse private insurance carriers under this chapter;
3. Applicant otherwise ineligible under the terms of this chapter;
4. Loss caused by an irresponsible act of the applicant, applicant's agent, or member of applicant's business or household;
5. Loss caused by the intentional or negligent acts of third parties;
6. Loss or eligibility unsubstantiated; or
7. The loss was the result of a force majeure event, including, but not limited to, acts of God, acts of public enemies, insurrections, riots, war, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, civil disturbances, explosions, acts of terrorism, sabotage, or any other similar cause or event not reasonably within the City's control.
C. The following will result in reduction of payment:
1. Loss partially covered by private insurance;
2. Loss exceeds funding limits of this chapter;
3. Verification of loss inadequate or incomplete;
4. Applicant did not cause the problem but failed to act responsibly to mitigate the loss.
D. Pursuant to the provisions of this section, the City may provide the following specific assistance for real and personal property loss:
1. The City may engage the services of one or more contractors to remove wastewater, dry, clean and repair affected property as needed subject to the maximum payment limit.
2. In the event the property owner engages the services of a contractor, the City may reimburse the property owner for the contractor's charges incurred by the property owner, but only for reasonable and customary charges comparable to what the City would have paid a contractor under subsection D1 of this section.
3. In the event the affected property cannot be restored to its pre-event condition according to the reasonable judgment of the City, the City may pay the property owner the estimated value of such property at the time of the event, up to the payment limit. City will not pay replacement value.
4. In no event will the City reimburse the property owner for special or consequential damages. (Ord. 16-35)