(A) Unless damage to a water meter and associated material(s) shall occur due to the negligent and/or intentional act or omission by the city or its agents, servants or employees, any and all damage which occurs to a water meter and associated material(s) located on the property of a property or homeowner shall be the sole responsibility of such property or homeowner and in addition, such property or homeowner shall be liable for the costs of repair of any and all damage to such water meter and associated material(s). The city shall notify such property or homeowner as to the extent of damage to such water meter and associated material(s) and the cost of repair of same, whereupon the property or homeowner shall pay to the city the cost of such repair within 30 days from the date such property or homeowner received notice from the city.
(B) The cost of repair of a broken lock or hasp associated with the water meter is damage compensable as within the contemplation of this section; and the property or homeowner shall be liable and shall pay in accordance with division (A) of this section.
(C) The amount of repair costs charged to the property or homeowner shall be the reasonable, just and actual expense plus administrative costs of the repair of such water meters and/or lock or hasp associated therewith, such costs not to exceed the amount established by ordinance.
(D) If the city notifies a property or homeowner of repairs necessary to a damaged water meter and associated material(s) as stated in division (A) of this section, and if such homeowner or property owner does not pay the city within the 30 days as stated in division (A) of this section, the city shall, at its option, have a lien on the property upon which such damaged water meter is located to the extent of the repair costs referred to in divisions (A) through (C) of this section.
(E) It shall be no defense to any property or homeowner under this section that damage, to whatever extent, to a water meter and associated material(s), as contemplated by this section, was occasioned by a trespasser, third party, intervener, or through act of God. So long as the damage was not caused through the negligent and/or intentional acts or omissions by the city, a damaged water meter and associated material(s) shall be paid for and repaired in accordance with this section.
(Ord. 1386-19, passed 10-28-19)