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Ordinance 3400-14
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Ordinance 3400-14
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9/2/2014 10:51:44 AM
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Ordinances
Ordinance Number
3400-14
Date
8/20/2014
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or other direct stormwater connection drains, and includes without <br /> limitation all new and old impervious surfaces. <br /> c. This section E.4 applies regardless of whether the property is <br /> served by a Designated Connection or not. <br /> F. Claims Related to Overland Surcharge and Overflow <br /> The City will compromise and settle claims for damage arising from overland <br /> surcharge and system overflow from a System Surcharge Event. This <br /> compromise and settlement will be in accordance with section G. This includes, <br /> for example, claims arising from overflow from manholes in the City's combined <br /> sewer system and claims arising from overland stormwater overflows in the <br /> City's separated sewer system. This does not include claims arising from sewer <br /> backups through a side sewer, which are determined under section E. <br /> G. Settlement of Claims <br /> To the extent authorized by section E and section F, the Mayor is authorized to <br /> settle claims in accordance with the following: <br /> 1. Settlement Only for Water from City System. The City will only settle <br /> claims to the extent that damage is caused by water from the City's sewer <br /> system or from the City's stormwater system. <br /> 2. Settlement Capped at $25,000 Per Served Property. The City may pay up <br /> to $25,000 per Served Property per System Surcharge Event to the Served <br /> Property's owner, for all damage to real and personal property on the <br /> Served Property. <br /> 3. Settlement Capped at $5,000 per Tenant Unit. In addition to the $25,000 <br /> per Served Property in section G.2, the City may pay up to $5,000 for each <br /> tenant unit to tenants per System Surcharge Event, for the tenant's <br /> personal property on the Served Property. This limit also applies to <br /> storage units and condominium units. <br /> 4. Definition of System Surcharge Event. For the purposes of this section, a <br /> "System Surcharge Event" is a rain or snow storm or other weather event <br /> that causes the Everett sewer or stormwater system, in whole or in part,to <br /> surcharge or overflow, causing sewer backups and/or other related <br /> occurrences. If multiple storms cause surcharges and overflows within a <br /> reasonably concentrated number of days, all such storms are considered a <br /> single System Surcharge Event. Accordingly, storms a week apart that, <br /> for example, cause a Served Property to suffer damage by sewer backup <br /> and by overland overflows from a manhole all constitute a single Storm <br /> Surcharge Event, and the total damage is subject to the $25,000 limit in <br /> section G.2 and the $5,000 limit in G.3. <br /> 7 <br />
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