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2 <br /> 1 <br /> J. The City has explored options to reduce the risk of sewer backups, including <br /> sewage backwater prevention devices, such as backwater valves, and have found that when <br /> properly installed and maintained,these can significantly reduce the risk of sewer backups. . <br /> K. The City Council finds that public health, safety, and welfare are best protected <br /> by requiring(1) sewage backwater prevention devices for all connections with plumbing fixtures <br /> at an elevation below the elevation of the upstream sewer manhole; and(2)authorizing the <br /> public works department to establish programs for the installation of sewage backwater <br /> prevention devices. <br /> L. The City Council finds that, in light of the City's strong defenses to storm event <br /> claims, including the fact that the capacity of the sewer and storm system is the result of <br /> discretionary policy decisions made by generations of City Councils and Mayors,the City <br /> Council should not authorize settlement of claims in excess of$25,000 per structure to the <br /> property owner and$5,000 per tenant unit,as set forth in this ordinance. <br /> NOW,THEREFORE,the City of Everett does ordain, <br /> Section 1. Ordinance 1506-88 § 12(EMC 14.04.180)which reads: <br /> Backwater valve. <br /> Whenever a situation exists involving an unusual danger of"backup"the city may require a <br /> minimum elevation at which the house drain may be discharged to the public sewer. Drains or <br /> sewers below such minimum elevation shall be lifted by artificial means. It shall be unlawful for <br /> any person to connect any basement with a city sewer without installing a backwater valve at the <br /> outlet.All backwater valves shall be installed in a vault to facilitate maintenance.The effective <br /> operation-of the backwater valve shall be the responsibility of the owner of the sewer or drain. <br /> Is amended to read: <br /> System Surcharge;Backwater Prevention and Claims. <br /> A. Definitions. <br /> 1. - "Approved Backwater Prevention Device"means a backwater prevention <br /> device of a type that has been categorically approved by Director policy. <br /> 2. "ABWD"means an Approved Sewage Backwater Prevention Device. <br /> 3. "Damage Event" is defined in section G.3. <br /> 4. "Deadline Date"is defined in section C.l.c . <br /> 5. "Designated Structure"means a structure that has been identified by the <br /> Department as a structure for which an ABWD is a prudent sewage <br /> backflow prevention measure and the owner of record has been mailed a <br /> written notice from the Department that the structure has been so <br /> designated. Upon mailing,the structure is a Designated Structure for the <br /> 8 <br />