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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 to the property owner and <br /> $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 14.08.180) 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 Sewage Backwater Prevention Device" means a backwater <br /> prevention device of a type that has been categorically approved by <br /> Director policy. <br /> 2. "ABWD" means an Approved Sewage Backwater Prevention Device. <br /> 3. "deadline date" is defined in section C. <br /> 4. "Designated Connection"means a(i) connection to the sewer system, <br /> usually a side sewer, that, because of the characteristics of the sewer <br /> system and topography, has been identified by the Department as a <br /> connection that requires an ABWD and (ii) the owner of record of the <br /> property served by connection has been mailed a written notice from the <br /> Department that the connection has been so designated. Upon mailing, the <br /> connection is a Designated Connection for the life of the connection, <br /> 3 <br />