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2 <br /> in other circumstances,all of which means that the owner of the Designated Structure will remain <br /> responsible to install the BWDs. <br /> D. BWD Maintenance. The Public Works Department will maintain all BWDs installed at <br /> Designated Structures under the private installation program and those installed in rights of way. The <br /> Public Works Department will also maintain all BWDs installed via Public Works backwater programs <br /> since 2009. However,the Public Works Department will not maintain BWDs that are installed inside of <br /> structures. <br /> E. Private Downspout Disconnection. In a storm event,damage is many times caused by two <br /> problems: (1)sewer back-up and(2)directly connected downspouts. The sewer back-up problem occurs <br /> when combined sewage and stormwater comes"backwards"from the City main sewer line in the street, <br /> through the house's sewer line,and into a plumbing fixture,typically in the basement. The BWD fixes <br /> this problem. However,the second problem occurs when downspouts and/or drains are directly <br /> connected to house's sidesewer line. In a storm event,there is no place for the sewer line to drain into, <br /> because the City sewer main in the street is full—which means that the downspout or drain cannot drain, <br /> and overflows or backs-up. The BWD cannot fix this problem. The downspout or drain water will still <br /> have no place to go after BWD installation,and the house's own water could still flood the house. The <br /> way to fix the problem is disconnection and having the property owner better manage their site drainage. <br /> Accordingly,for flood protection it is vital not only that a BWD gets installed,but also that the <br /> property owner disconnects downspouts and any other direct connection to the sewer line. The <br /> Public Works Department is making outreach efforts in this regard,and is disconnecting <br /> downspouts and drains for property owners that accept the City's offer to do so,but this <br /> disconnection is ultimately a homeowner responsibility. <br /> Claims Process <br /> A. Claims. The proposed ordinance states that the City will not settle sewage backup claims <br /> related to Designated Structures that do not have properly maintained and installed BWDs at the time of <br /> the sewer backup,except for the following limited circumstances:(1)the City will settle claims arising <br /> from sewer backups that occur prior to a Designated Structure's deadline date,(2)the City will settle <br /> back-up claims if the back-up is caused by City negligence,and(3)the City will settle claims from <br /> backups at a non-Designated Structure. <br /> B. Claims from Overflow. The proposed ordinance states that the City will settle claims related <br /> to sewer and stormwater overflow,such as when a manhole overflows during a storm event and that <br /> overflow causes damage. <br /> C. Settlement Caps. The proposed ordinance limits all settlements to$25,000 per <br /> structure to structure owners,for all real and personal property damage. (By very rough estimate, <br /> the$25,000 per structure represents about the median size claim from the 2013 storm event.) The <br /> proposed ordinance also limits all settlements with tenants to$5,000 per tenant,for all personal <br /> property damage. <br /> D. Claims from Downspouts. Effective immediately for structures that have downspouts or <br /> other direct connections into a combined sewer,the proposed ordinance states that the City will not settle <br /> damage claims to the extent the damage could have prevented by disconnection. <br /> 2 <br /> 5 <br />