If such property owner who has once suffered sewage damage and has filed a claim therefor with the city does not, within a reasonable time thereafter, execute, deliver and file with the city clerk a waiver of claims for any future damage resulting from a backflow of sewage resulting from the clogging of the city municipal lines, from any claims and releasing the city from any future and further damage or expense, in suitable form for recording, or, if in such event said property owner does not, within a reasonable time, install a backflow valve in his building sewer line as provided in this chapter, the city of Omak may, if its engineers or water and sewer superintendent deem that it is fitting and proper to do so, proceed as follows:
(a) A notice shall be given to the property owner in writing that the city intends to enter upon the property and install a backflow valve, which notice shall state a time and place for hearing thereon before the city council, and, if after such hearing the city council deems it fitting and proper, it shall order the water and sewer department to proceed to excavate and install a backflow valve of suitable design and construction to prevent a reoccurrence of flooding damage to the property resulting from the flow of sewage from the municipal line to the damaged property.
(b) If the property owner, after such installation has been made by the city, fails, neglects or refuses to pay the reasonable cost of such construction and installation, including labor, material and parts and rental equipment, the city may file a lien therefor against the property and foreclose the lien in superior court in the manner provided by statute for the foreclosure of a mechanic’s or materialmen’s lien.
(Ord. 1179 § 3, 1991)