[Added 1-16-2008 by Ord. No. 3092]
The Village of Ridgewood will recognize certain
claims for damages resulting from the backup of sanitary sewage from
the public sewage system onto certain private residential premises
occurring after the effective date of this article 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 Village 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 sanitary sewage that has backflowed from the
public sanitary sewage system as the result of a blockage within a
public sewage 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 which 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.
Notwithstanding the foregoing, no claim shall
be recognized by the Village in the event that the sanitary sewer
system of a newly constructed private residential premises, or such
existing premises at which construction renovations involve the replacement
of the sewer lateral to the residence, or such premises that has previously
incurred damage from the backup of sanitary sewage from the public
sewer system which 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 sewer 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 clean-out opening located closer to the connection
to the public system than the backflow preventer, which shall be securely
sealed. Such backflow preventer must be of such type as required for
new construction under the plumbing code in effect at the time of
the adoption of this article. Such required backflow preventer must
be 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 Village 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 Village will compensate a qualifying claim
of any of the aforesaid recognizable damages only as follows: cost
of removal of sanitary sewerage and of cleaning and sanitizing premises,
fixtures and salvageable personalty, 100%, to a limit of $1,500; the
cost of repair to or replacement of damaged structure, fixtures or
personalty, 100%, to a limit of $2,500.
Any covered persons must notify the Water Pollution
Control Facility (WPCF) in the Village immediately upon discovery
of any backups into the residential structure to identify whether
a backup has occurred, the cause, if any backup, to assist in minimizing
any damage and start the restoration and clean-up process.
Any claimant qualifying hereunder may seek to
recover 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 Village
Manager 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 after the five-day period shall be barred. The Village
Manager shall determine whether and to what extent such claim is recognizable
in accordance with the conditions and limitations hereinbefore provided.
The Village Manager may thereupon forward the 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 Manager deems
necessary. Both the Village Manager 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
such 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 Village.
