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)