(a) Every property owner, occupant and user shall notify the city immediately upon the discovery of a sanitary sewer backup.
(b) Upon notification to the city, the director of public health may inspect the premises and determine if the sanitary sewer backup has created a health emergency.
(c) If the director of public health determines that a health emergency exists and the city determines that the backup is not caused by the private service line, the city will contract for cleanup and disinfection to eliminate the public health emergency. In lieu thereof, the city will reimburse any insured party for any insurance deductible paid for cleanup and disinfection services performed according to city standards by a city-approved sewer cleanup service. Notwithstanding the provisions of § 36.030 of this Code, the city may contract for the cleanup if the director of public health determines a health emergency exists.
(d) The owner or occupant shall, prior to the city performing any work, hold the city harmless from any damages that might occur during the work and give written authority to enter the premises to perform the work and to inspect the premises after the work has been performed. The owner or occupant shall also assign to the city any claim it has for recovery of costs to eliminate the health hazard.
(e) Notwithstanding the provisions of chapter 92 of this Code, any contractor performing work for the city that results in a sanitary sewer health emergency shall reimburse the city for the cost of the cleanup if the city determines the contractor or any of its subcontractors are responsible for causing the backup.
(f) The city shall not be responsible for any costs associated with the following:
(1) Damage to personal or real property associated with any sewer backup;
(2) Sewer backups caused within any sanitary sewer service (private) line;
(3) Sewer backups caused by flood or other catastrophic acts of God; and
(4) Sewer backups incurred by industrial users subject to the high-strength rates in § 51.081(a)(4).
(1992 Code, § 41-113.2) (Ord. 8-03, passed 1-21-2003; Ord. 38-03, passed 5-5-2003; Ord. 19- 21, passed 2-16-2021)