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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)
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)
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)
A. The director shall, in accordance with the city's standard procurement procedures, engage the services of one or more cleanup contractors to perform cleanup services at the direction of the director on an as needed basis.
B. Upon discovering a break, leak, backup or other failure of city facilities, or any damage resulting from the same, a property owner shall immediately notify the director of such event.
C. Upon notification of the occurrence of the event, the director shall contact a cleanup contractor under contract with the city pursuant to subsection A of this section, and direct the cleanup contractor to perform all cleanup work at the premises, in accordance with established cleanup criteria.
D. In the event the property owner engages the services of a cleanup contractor prior to notifying the director of the event, the department may reimburse the property owner for actual expenses incurred by the property owner, but only up to the amount the department would have paid its own cleanup contractor under subsection C of this section.
E. In the event the damaged real or personal property cannot, in the judgment of the director, be reasonably restored to its pre- event condition, in accordance with the cleanup criteria, the department may pay to the property owner the estimated actual cash value, at the time of the event, of such property. Such value shall be determined by a professional appraiser engaged by the city for such purpose.
F. In no event shall the department pay, or reimburse the property owner for the payment of, special or consequential damages. (Ord. 23-06 § 2, 2006)
Any request for cleanup under subsection 3.36.045C of this chapter, reimbursement of cleanup expenses under subsection 3.36.045D of this chapter, or payment of actual cash value under subsection 3.36.045E of this chapter, shall be made by filing a written application in such form as shall be prescribed by the director pursuant to section 3.36.040 of this chapter; provided that the initial request for cleanup may be made by contacting the director by telephone or other means, followed by a written application. Written applications shall be submitted to the city recorder within ninety (90) days after the occurrence of the event. (Ord. 23-06 § 2, 2006)
Applications received by the city recorder shall be referred to the department for investigation and recommendation. The department's report shall be forwarded to the city attorney for determination under the criteria of this chapter. All payments authorized by the city attorney shall be made by the director solely from the appropriate enterprise fund managed by the director. (Ord. 23-06 § 2, 2006)
An application or request for assistance or payment under this chapter shall qualify only if the director, after due inquiry or investigation, makes an affirmative determination that the event was the result of a break, leak, backup or other failure of city facilities, and that none of the following circumstances apply:
A. The loss was the result of a force majeure which damaged the city facilities;
B. The loss was caused by either an act or omission of the property owner, the property owner's agent, or a member of the property owner's family or business;
C. The property owner failed to file a claim hereunder in a timely manner, or failed to comply with any other procedural requirements of this chapter;
D. The loss was the result of intentional or negligent acts of third parties;
E. The loss was the result of a break, leak, backup or failure of private facilities; or
F. The loss is wholly covered by private insurance. (Ord. 23-06 § 2, 2006)
The city may limit any assistance, or reduce any payment, under this chapter based upon any of the following:
A. The property owner did not act responsibly to prevent, avoid or minimize the loss;
B. The property owner is unable to fully substantiate or document the extent of the loss;
C. The loss is partially covered by private insurance. (Ord. 23-06 § 2, 2006)
A. Any assistance or payment made under this chapter shall not be construed as, and does not imply, an admission of negligence or responsibility on the part of the city or the department for any damage or loss.
B. Any assistance or payment made under this chapter is strictly voluntary on the part of the department. While it shall be the general policy of the city to follow the provisions of this chapter, the city shall not be required to do so. The city may, based on the particular facts and circumstances of an event, elect to reject a request for assistance hereunder. If a request for assistance under this chapter is not approved by the director within ninety (90) days of filing, it is deemed rejected. In the event a request hereunder is rejected, the property owner's recourse would be to proceed under the provisions of the Utah governmental immunity act and file a notice of claim thereunder. Nothing in this chapter shall be construed as an acknowledgment by the city that the property owner has a meritorious claim under the Utah governmental immunity act, and the city reserves the right to assert any and all available defenses. The ninety (90) day notice period under this chapter shall not operate to extend the one year notice period under the Utah governmental immunity act. This chapter shall not in any way supersede, change or abrogate the Utah governmental immunity act, and its application to the city and the department, or establish in any person a right to sue the city under this chapter.
C. Any assistance or payment made under this chapter and accepted shall constitute a full and complete release of any and all claims against the city (including the department), its officers, employees and agents arising from the incident. (Ord. 23-06 § 2, 2006)
The department is authorized to provide for and include within each enterprise fund it manages a separate fund from which amounts may be drawn to make the foregoing assistance or payments. Each such separate fund shall be funded, in amounts deemed by the director to be sufficient for the purpose, from revenues accruing to each respective enterprise fund from all available sources, including regular service charges. The establishment and funding of such funds, and the expenditure of the amounts therein, shall be consistent with applicable law, and all applicable bond covenants of the city. (Ord. 23-06 § 2, 2006)
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