A. The customer shall maintain in good condition, and shall be responsible, regardless of the cause, for all required repairs to the customer's private storm drain line and all other storm drain pipe(s) and appurtenances on customer's premises, including the manhole on customer's property. Customer shall comply with all requirements under this code prior to excavating anywhere within the public right-of-way for the purpose of maintaining and/or repairing the customer's private storm drain line.
B. If the customer's private storm drain line is equipped with a manhole that is visible and accessible to department personnel, and the department is notified of a blocked or faulty storm drain line serving the customer's premises, department personnel may, but shall not be required to: (1) inspect the portion of customer's private storm drain line between the storm drain point of service and the city storm drain main; and (2) unblock and/or repair this portion of customer's private storm drain line, if it is blocked or in disrepair. The department's action or failure to act pursuant to this subsection B shall not reduce or otherwise affect in any way the customer's obligations and responsibility under subsection A of this section.
C. The customer shall indemnify, defend and hold harmless city, its officers and employees from and against any and all claims, actions, costs (including attorney fees), damages or other liability arising from the condition, operation, maintenance or repair of any storm drain line, pipe or appurtenance that the customer is required to maintain and repair hereunder, except for liabilities resulting solely from the department's negligent repair of the customer's private storm drain line. (Ord. 2005-020 § 2)