CHAPTER 3.36
NO FAULT UTILITIES CLAIMS
SECTION:
3.36.010: Short Title
3.36.020: Purpose
3.36.030: Definitions
3.36.040: Establishment Of Cleanup Criteria And Other Regulations
3.36.045: Cleanup Of Real And Personal Property
3.36.050: Application; Time Limitations
3.36.060: Application; Investigation And Recommendation
3.36.065: Qualification For Assistance
3.36.070: Reduction In Assistance
3.36.080: Payment Does Not Imply Liability
3.36.090: Budget Expenditures
3.36.100: Claims From Other Governmental Agencies
3.36.010: SHORT TITLE:
This chapter shall be known as the NO FAULT UTILITIES CLAIMS ORDINANCE. (Ord. 23-06 § 2, 2006)
3.36.020: PURPOSE:
The purpose of this chapter is to assist in the cleanup of real and personal property, and/or compensate persons for the loss of real or personal property, destroyed or damaged as the result of a break, leak, backup or other failure of city facilities, regardless of fault, within the restrictions, limitations and other provisions of this chapter. (Ord. 23-06 § 2, 2006)
3.36.030: DEFINITIONS:
Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:
ACTUAL CASH VALUE: The actual, depreciated value of an item, and not the replacement value.
CITY: Salt Lake City Corporation, a political subdivision of the state.
CITY ATTORNEY: The city attorney or his/her designee.
CITY FACILITIES: Any culinary water, sanitary sewer or storm sewer pipeline, any irrigation water canal, and all related appurtenances, which are owned, operated and maintained by the department.
CLEANUP: All activities necessary to reasonably restore destroyed or damaged real and personal property to its pre-event condition, in accordance with cleanup criteria.
CLEANUP CONTRACTOR: An independent disaster cleanup contractor, licensed to do business in the state.
CLEANUP CRITERIA: Cleanup standards, procedures and protocol established by the director pursuant to this chapter.
DEPARTMENT: The city's department of public utilities.
DIRECTOR: The director of the department, or his/her designee.
FORCE MAJEURE: Acts of God; acts of public enemies; insurrection; 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.
PERSON OR APPLICANT: Any individual, partnership, firm, company, corporation, association, joint stock company, trust, estate or any other legal entity (except the United States government or any of its agencies, and the state and any of its agencies and political subdivisions) or their legal representatives, agents or assigns.
PRIVATE FACILITIES: Any pipelines and related facilities which are owned and operated by a property owner, and which connect to city facilities.
PROPERTY OWNER: The owner of the premises which has sustained a loss described in this chapter, or any person lawfully in possession of such premises. (Ord. 23-06 § 2, 2006)
3.36.040: ESTABLISHMENT OF CLEANUP CRITERIA AND OTHER REGULATIONS:
The director shall, from time to time, establish cleanup criteria which shall constitute the standard for cleanup and payment under this chapter. In establishing such cleanup criteria, the director shall give due consideration to generally available health guidelines, recommendations from industry, governmental and academic experts, and other sources of guidance reasonably deemed by the director to be balanced, unbiased, and protective of health and safety. The director may establish such additional rules, regulations and procedures which are consistent with this chapter, as may be necessary or convenient in effecting the purposes of this chapter. (Ord. 23-06 § 2, 2006)
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