Chapter 13.40
INSTALLATION OF BACKWATER VALVES

Sections:

13.40.010    Building plan requirements.

13.40.020    Damage from backflow – Owner responsibility.

13.40.030    Installation of backwater valve by city – Owner to pay costs.

13.40.010 Building plan requirements.

Any building plan presented to the building inspector for a building permit shall accurately state the rim elevation of the lowest plumbing fixture and the rim elevation of the next upstream manhole cover of the public sewer serving such fixture. (Ord. 1071 NS § 2, 1993).

13.40.020 Damage from backflow – Owner responsibility.

In the event that a property owner suffers damage from backflow from a city sewer line and a claim for damages has been filed with the city, such property owner is required to do one of two things:

A. Such property owner may execute and file with the city clerk a good and sufficient waiver of claim for any future damages resulting from a backflow of sewage resulting from the clogging of the city municipal lines, releasing the city from any future and further damages or expense, and such waiver shall be in suitable form for recording and shall be recorded on the public records and run with the land and be binding upon future owners of the land and the successors and assigns of such property owner; or

B. The property owner may, within 45 days after filing claim for such initial damage, cause to be installed in the building sewer line on his own property a backwater valve of suitable construction and design that will close in the event there is backflow to the property from the municipal line in such a way that it will prevent any sewage flowing toward such building from flooding or damaging such property, and such installation and expense shall be done at the sole cost of the property owner. (Ord. 1071 NS § 3, 1993).

13.40.030 Installation of backwater valve by city – Owner to pay costs.

A. If such property owner who has once suffered sewage damage and has filed a claim therefor with the city does not within 45 days thereafter execute, deliver and file with the city clerk a waiver of claims for any future damage resulting from backflow of sewage resulting from the clogging of the city municipal lines, from any cause, releasing the city from any future and further damage or expense, in suitable form for recording, or if in such event the property owner does not, within 45 days install a backwater valve in his building sewer line as provided pursuant to this chapter, the city may, if its engineers or water and sewer superintendent deem that it is fitting and proper to do so, proceed as follows: A notice shall be given to the property owner in writing that the city intends to enter upon the property and install a backwater valve, which notice shall state a time and place for hearing thereon before city council, and if after the hearing the city council deems it fitting and proper, it shall order a licensed and bonded contractor of the water and sewer department to proceed to excavate and install a backwater valve of suitable design and construction to prevent a reoccurrence of flooding damage to the property resulting from the flow of sewage from the municipal line to the damaged property.

B. If the property owner, after such installation has been made by the city, fails, neglects or refuses to pay the reasonable cost of such construction and installation including labor, material and parts and rental equipment, the city may file a lien against the property and foreclose the lien in the superior court in the manner provided by statutes for the foreclosure of mechanic’s or materialmen’s lien. (Ord. 1071 NS § 4, 1993).