City Attorney
Roger Baker
Tooele City Attorney
90 North Main Street
Tooele, UT 84074
Phone: 435.843.2120
Fax: 435.843.2129
Title 8. Chapter 14. No-fault Utilities Claims
8-14-1. Short title.
(Ord. 2022-09, 03-16-2022) (Ord. 1988-34, 01-04-1989)
8-14-2. Purpose.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007)(Ord. 1988-34, 01-04-1989)
8-14-3. Definitions.
(1) “Applicant” means an owner or lessee of a building, or their legal representatives, authorized agents, or assigns.
(2) “Incident” means an event of malfunction, break, or backup in a city-owned and maintained watermain or sewer line resulting in damage and loss to a building or its contents.
(3) “Lessee” means the tenants, collectively, occupying a building under a written lease agreement between the owner and the tenants.
(4) “Owner” means the owners, collectively, of a building.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007)(Ord. 1988-34, 01-04-1989)
8-14-4. Administration and establishment of regulations.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007)(Ord. 1988-34, 01-04-1989)
8-14-5. Reimbursement - Applications - Time limitations.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007)(Ord. 1988-34, 01-04-1989)
8-14-6. Applications - Investigation and recommendation.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
8-14-7. Criteria for payment.
(a) Whether an applicant suffered an otherwise uninsured property loss, caused by an incident, under circumstances where the applicant acted responsibly and reasonably to avoid the loss; and,
(b) Whether the extent of the loss has been adequately substantiated.
(2) The following shall result in the denial of an application:
(a) Application not timely submitted;
(b) Loss fully covered by private insurance;
(c) Applicant ineligible under the terms of this Chapter;
(d) Loss caused by an irresponsible or unreasonable act of the applicant, applicant’s agent, or member of applicant’s business or household; or,
(e) Loss or eligibility insufficiently substantiated.
(3) The following shall result in reduction of payment:
(a) Loss partially covered by private insurance;
(b) Loss exceeds funding limits of this Chapter;
(c) Verification of loss inadequate or incomplete; or
(d) Applicant did not cause the problem but failed to act responsibly and reasonably to minimize the loss.
(4) Dwellings. Only one owner and one lessee of as primary residential building may apply for assistance related to an incident.
(5) Non-residential Buildings. Only one owner of a non-residential building may apply for assistance related to an incident. Only one lessee per business premises in a non-residential building may apply for assistance related to an incident.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
8-14-8. Maximum payments.
(2) For budgeting purposes, payments under this Chapter shall not exceed $100,000 per fiscal year. However, the City Council may, in its sole discretion and without amendment to this Section, budget additional funds in any given fiscal year.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
8-14-9. Payment does not imply liability - Release Required.
(2) This Chapter shall not in any way supersede, change, waive, or abrogate the Government Immunity Act of Utah, and its application to the City, or establish in any person a right to sue the City.
(3) An application for assistance under this Chapter is not a claim against the City and does not satisfy the Notice of Claim requirements of the Governmental Immunity Act.
(4) Any payment of assistance under this Chapter and accepted by the applicant shall constitute a full and complete release of any and all claims against the City, its officers, employees, and agents for any damage or loss arising from the incident.
(5) Any payment of assistance under this Chapter shall be expressly conditioned upon the City first receiving a written release of liability, signed and notarized by the applicant, in a form acceptable to the City Attorney.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
8-14-10. Annual budget expenditures.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
8-14-11. Applications from other governmental agencies.
(Ord. 2022-09, 03-16-2022) (Ord. 2007-08, 04-18-2007) (Ord. 1988-34, 01-04-1989)
Click Here for a .pdf copy of Title8 Chapter14
Please Note: Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted. If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.
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