1. “Approved sewage backwater prevention device” means a backwater prevention device of a type that has been categorically approved by director policy.

2. “ABWD” means an approved sewage backwater prevention device.

3. “Deadline date” is defined in subsection C of this section.

4. “Designated connection” means a (a) connection to the sewer system, usually a side sewer, that, because of the characteristics of the sewer system and topography, has been identified by the department as a connection that requires an ABWD and (b) the owner of record of the property served by connection has been mailed a written notice from the department that the connection has been so designated. Upon mailing, the connection is a designated connection for the life of the connection, regardless of whether the ownership of property changes, unless the department later determines that the sewer system has been upgraded sufficiently so that the ABWD is no longer necessary.

5. “Department” means public works department.

6. “Director” means public works or utilities director.

7. “Properly installed” means installed by a licensed contractor or plumber or installed by the department in accordance with subsection C of this section.

8. “Served property” is defined in subsection (G)(3) of this section.

9. “System surcharge event” is defined in subsection (G)(4) of this section.

1. New Connections. Unless otherwise permitted by the director, it is unlawful for any person to connect to the city sewer system with plumbing fixtures at an elevation below the elevation of the upstream sewer manhole rim without properly installed ABWDs sufficient to prevent sewer backups, which usually will be backwater valves at outlets. ABWDs shall be installed to facilitate future access and maintenance. Unless the director determines that the city will maintain an ABWD, the effective operation of ABWDs shall be the responsibility of the owner of the sewer or drain. This subsection (B)(1) of this section applies regardless of whether the connection is a designated connection or not.

2. Designated Connections. All designated connections must have properly installed and maintained ABWDs sufficient to prevent sewer backups. This applies regardless of whether the designated connections are new or existing.

1. Private Installation for Designated Connections. The department is authorized to offer an ABWD program to owners of property served by designated connections to install an ABWD in their designated connection in accordance with this section. This program may include reasonable rebate, reimbursement or other mechanisms as established by the department. Unless determined otherwise by the director on a case-by-case basis, the maximum amount of the rebate per property will be the same for all designated connections and will be based on the cost of one ABWD installation for a single-family residence. The ABWD shall be installed by a licensed contractor or plumber in accordance with standards, and following an inspection protocol, established by the director. As established by the director, the ABWD shall be installed either outside the structure being served by the ABWD in a location that is easily accessible for inspection and maintenance, or installed within a building, whichever location in the opinion of the department best prevents basement flooding.

2. Department Installation of ABWDs in Designated Connections. The department, on a schedule to be determined by the department, is authorized to cause ABWDs to be installed in designated connections that have not had ABWDs privately installed pursuant to subsection (C)(1) of this section. ABWDs installed pursuant to this section typically will be installed at a point in the lateral sewer that is within public right-of-way, with the specific location to be determined solely at the department’s discretion. The director has discretion to not install ABWDs at designated connections when such installation is deemed by the director to not be in the best interests of the city.

3. Deadline Date Notice. On a schedule determined by the department in connection with the progress of the installation programs under subsections (C)(1) and (2) of this section, the department will mail notices to all property owners served by designated connections. This mailing may occur in phases. The notice will be deemed received three days after mailing. The notice shall contain a prominently displayed deadline date for installation of the ABWD at the property owner’s designated connection. This deadline shall be no earlier than six months after the mailing of the notice. This date is defined as the “deadline date.” The director may extend the deadline date. A property owner may participate in the program after the deadline date. However, as set forth in subsection E of this section, the city will not pay claims related to sewer backup from a system surcharge event after the deadline date for property served by designated connection that did not have properly installed and approved ABWDs at the time the backup occurred.

4. Designated Connection Owner Ultimately Responsible for ABWD Installation. Although the programs described in subsections (C)(1) and (2) of this section are intended to help property owners to install ABWDs, the owner of the property served by the designated connection is ultimately responsible for ABWD installation. This responsibility remains regardless of whether the program described in subsection (C)(2) of this section is made available at a designated connection.

1. Backup Claims Related to Designated Connections with ABWDs.

2. Backup Claims Related to Designated Connections without ABWDs. The city will not pay sewage backup claims from system surcharge events related to properties served by designated connections that do not have properly maintained and installed ABWDs at the time of the sewer backup, except for the following limited circumstances:

3. Backup Claims Related to Properties That Are Not Served by Designated Connections. The city will compromise and settle claims for damage arising from sewer backups from system surcharge events at properties that are not served by designated connections. This compromise and settlement will be in accordance with subsection G of this section.

4. Backup Water Not from City System.

1. Settlement Only for Water from City System. The city will only settle claims to the extent that damage is caused by water from the city’s sewer system or from the city’s stormwater system.

2. Settlement Capped at Twenty-Five Thousand Dollars Per Served Property. The city may pay up to twenty-five thousand dollars per served property per system surcharge event to the served property’s owner, for all damage to real and personal property on the served property.

3. Settlement Capped at Five Thousand Dollars Per Tenant Unit. In addition to the twenty-five thousand dollars per served property in subsection (G)(2) of this section, the city may pay up to five thousand dollars for each tenant unit to tenants per system surcharge event, for the tenant’s personal property on the served property. This limit also applies to storage units and condominium units.

4. Definition of System Surcharge Event. For the purposes of this section, a “system surcharge event” is a rain or snow storm or other weather event that causes the Everett sewer or stormwater system, in whole or in part, to surcharge or overflow, causing sewer backups and/or other related occurrences. If multiple storms cause surcharges and overflows within a reasonably concentrated number of days, all such storms are considered a single system surcharge event. Accordingly, storms a week apart that, for example, cause a served property to suffer damage by sewer backup and by overland overflows from a manhole all constitute a single storm surcharge event, and the total damage is subject to the twenty-five thousand dollars limit in subsection (G)(2) of this section and the five thousand dollars limit in subsection (G)(3) of this section.

5. Definition of Served Property. For the purposes of this section, “served property” is real property served by the city sewer or stormwater system, subject to the following provisions: (a) all buildings on a single lot or tax parcel constitute a single served property; (b) all buildings on adjoining lots or tax parcels under common ownership collectively constitute a single served property; and (c) a condominium complex is a single served property. For example, a duplex, triplex, multifamily building, apartment building, office building or similar building on a single lot is a single served property. For example, a group of apartment buildings under common ownership on adjoining lots together constitute a single served property.

6. No Admission of Liability. The settlement authority granted in this subsection G of this section is not an admission of any liability. This authority is granted in recognition of the costs of litigation. This settlement authority does not preclude the mayor from determining to not settle with any or all claimants.

7. Adjustment of Settlement Caps. The city attorney and the department will periodically review the settlement caps in subsection (G)(2) and (3) of this section and will recommend to city council adjustments to the settlement caps, either upward or downward.

8. Insurance. Unless otherwise determined by the city attorney, (a) the city will not settle claims unless the owner of the property has tendered the damage claim to the owner’s insurance and (b) the city will not settle subrogation claims.

9. Additional Authority. If the city attorney and the department determine that it is in the best interests of the city to settle a claim in excess of the settlement caps in subsection (G)(2) and (3) of this section, then the city attorney shall submit such settlement to city council for approval or disapproval.

10. Standard Claims Adjustment Procedures. Except as otherwise provided in this section, the city will apply its normal claims adjusting processes in the resolution of claims against the city.