(a) All claims for Flooded Basements must be submitted by the Customer in writing to the Department of Law and Risk Management within thirty (30) days of the occurrence of the sanitary sewer backup. If the claim is not submitted within thirty (30) days of the occurrence of the sanitary sewer backup, the claim may be denied as untimely.
(b) Following the receipt of any claim, as set forth above, the Director of Law and Risk Management shall notify the Director of the Department of Sanitary Sewer Services ("DSSS") of receipt of said claim and shall forward a copy of the claim documents received to the Director.
(c) The Director of DSSS shall designate an employee of DSSS ("Analyst") to perform an investigation of the claim, affording a thorough examination of the facts and disclosure of evidence. The investigation shall afford an opportunity to all interested parties to present written evidence to DSSS concerning the incident in which such alleged claim arose, together with documentation evidencing the amount of damages sustained.
(d) After the Analyst investigates the claim, he shall make a recommendation, accompanied by a copy of all documentation compiled during his/her investigation, to the Director of DSSS that the claim be denied, approved or approved in a modified amount. The claim must meet the definition of Flooded Basement, and the payee of the claim must meet the definition of a Customer as defined in this section for approval.
(e) The Director of DSSS shall review the Analyst's recommendation and shall make a written determination as to whether the claim should be paid or not, and the amount that should be paid. The Director of DSSS shall then submit said written determination to the County Executive.
(f) Upon receipt of the Director of DSSS's written determination, the County Executive shall review the same and shall order that the claim be paid in full, partially paid, or denied, and shall notify both the Director of DSSS and the Director of Law and Risk Management accordingly. The County Executive may, in his or her discretion, perform additional investigation of the claim.
(g) Following receipt of the notice of the County Executive's order to pay any claim in full or in part, the Director of Law and Risk Management shall request payment and make payment to the Customer, provided however that any payment exceeding ten thousand dollars ($10,000) shall not be made without the approval of Council.
(Ord 2008-327. Adopted 8-25-08; Ord. 2011-254. Adopted 6-20-11; Ord. 2015-555. Adopted 12-14-15; Ord. 2018-236. Adopted 6-18-18; Ord. 2023-200. Adopted 6-26-23.)