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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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5. Definition of Served Property. For the purposes of this section, "Served <br /> Property" is real property served by the City sewer or stormwater system, <br /> subject to the following provisions: (a) all buildings on a single lot or tax <br /> parcel constitute a single Served Property; (b) all buildings on adjoining <br /> lots or tax parcels under common ownership collectively constitute a <br /> single Served Property; and (c) a condominium complex is a single Served <br /> Property. For example, a duplex,triplex, multifamily building, apartment <br /> building, office building or similar building on a single lot is a single <br /> Served Property. For example, a group of apartment buildings under <br /> common ownership on adjoining lots together constitute a single Served <br /> Property. <br /> 6. No Admission of Liability. The settlement authority granted in this <br /> section G is not an admission of any liability. This authority is granted in <br /> recognition of the costs of litigation. This settlement authority does not <br /> preclude the Mayor from determining to not settle with any or all <br /> claimants. <br /> 7. Adjustment of Settlement Caps. The City Attorney and the Department <br /> will periodically review the settlement caps in section G.2 and G.3 and <br /> will recommend to City Council adjustments to the settlement caps, either <br /> upward or downward. <br /> 8. Insurance. Unless otherwise determined by the City Attorney, (a)the City <br /> will not settle claims unless the owner of the property has tendered the <br /> damage claim to the owner's insurance and (b)the City will not settle <br /> subrogation claims. <br /> 9. Additional Authority. If the City Attorney and the Department determine <br /> that it is in the best interests of the City to settle a claim in excess of the <br /> settlement caps in section G.2 and G.3, then the City Attorney shall submit <br /> such settlement to City Council for approval or disapproval. <br /> 10. Standard Claims Adjustment Procedures. Except as otherwise provided <br /> in this section,the City will apply its normal claims adjusting processes in <br /> the resolution of claims against the City. <br /> H. Downspout and Other Connections <br /> Stormwater from new impervious surfaces shall not be discharged, through <br /> downspouts or other direct pipe connections, into a combined sewer, including a <br /> lateral line or side sewer connected to the City's combined sewer system. The <br /> Director may grant exceptions to this requirement on a case by case basis, at the <br /> sole discretion of the Director, where there are no practicable alternatives to <br /> discharging stormwater to the sewer system. Owners who have been granted an <br /> exception under this section shall ensure that their stormwater discharge and <br /> ABWD are properly located and installed to prevent stormwater from flooding the <br /> 8 <br />
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