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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)