[Adopted 4-24-2001 by Ord. No. 1926]
The Borough of Hasbrouck Heights will recognize
certain claims for damages resulting from the backup of sewage from
the public sewerage system onto certain private premises occurring
after the effective date of this ordinance and occurring under the
certain specific circumstances, all as hereinafter specified, notwithstanding
the immunity from such claims afforded by Title 59 of the Statutes
of the State of New Jersey but nevertheless without prejudice to any
other specific defenses which it may have beyond the limited circumstances
specified herein and also without prejudice to any defense whatsoever
that the Borough may have as to any other similar claims not recognized
hereunder.
Claims recognizable hereunder shall be limited
to only such claims for actual damage to property directly caused
by contact with public sewage that has backflowed from the public
sewerage system into private premises as the result of a blockage
within a public sewerage main into which such private premises is
connected. Specifically excluded are claims resulting from blockages
within the sewerage system of private premises and any lateral or
other type of connection leading from that sewerage system on private
property into the public main, including the connection to the main,
even though such lateral or other type of connection may be partially
located in a public right-of-way. For the purpose of this section,
the lateral or other type of connection shall include the collar or
other devices by which connection into the public main is made.
[Amended 7-14-2015 by Ord. No. 2343]
Notwithstanding the foregoing, no claim shall be recognized
in the event that the sewerage system upon the premises includes any
drains or other appurtenances or other openings or receptacles below
the highest point of the grade level of the lateral or other device
connecting that sewerage system into the main unless there is installed
a backflow preventer in the system at a point nearer to the connection
to the public system than any of those drains, appurtenances, openings
or receptacles, with the exception of one cleanout opening before
the backflow preventer which shall be securely sealed. Such backflow
preventer must be of such type as required under the plumbing code[1] in effect at the time of installation for new construction
under such circumstances and further of the specific type approved
by the Borough Engineer. Such required backflow preventer must have
been maintained in accordance with the requirements of its manufacturer
for the proper operation of such device, and any clean-out opening
required in connection therewith shall be kept securely sealed.
Only individual owners of single-family, two-family
or three-family residential dwelling premises who make such premises
their primary residence and who own such premises in their own individual
name or names, and from whose insurance coverage the claim is either
fully or partially excluded, shall be qualified to make a claim under
this article.
The Borough will recognize such claims which
otherwise qualify under this article only to the extent of such actual
and direct compensatory damage against which the claimant exercised
a reasonable effort in mitigation. Nominal, prospective, anticipated,
speculative, remote, consequential and exemplary damages are excluded
herefrom. Any claim partially covered by private insurance shall be
excluded from coverage under this article to the extent of such private
insurance coverage.
The Borough will compensate a qualifying claim
for any of the aforesaid recognizable damages only as follows:
Any claimant qualifying hereunder may seek recovery
as herein provided by filing in writing an application signed and
certified as to truthfulness by the qualifying owner or owners of
the premises. Such application shall be filed with the Borough Administrator
upon such form as he or she may hereafter require within five days
of the discovery of the damage for which recovery is sought. Any claim
made thereafter shall be barred. The Borough Administrator shall determine
whether and to what extent such claim is recognizable in accordance
with the conditions and limitations hereinbefore provided. The Borough
Administrator may thereupon forward the said claim to a licensed claims
adjuster of the State of New Jersey to be designated by the governing
body for investigation and a determination as to the amount of compensation
to be payable under this article, if the Administrator deems necessary.
Both the Borough Administrator and the claims adjuster may require,
as they or either of them deem in their own discretion reasonably
necessary, such further proof and inspection; any applicant refusing
any request for the same shall be disqualified for recovery hereunder.
Such payment as determined to be payable shall not be paid to the
claimant or claimants until each of them has duly executed a full
and complete release from any and all further liability of the Borough.
