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A. “Backwater protection” means a backwater valve, ejector or pump system, or relief valve or a combination of two (2) or more of these devices that is approved under the Oregon Plumbing Specialty Code and intended to prevent wastewater from backflowing into a structure.

B. A backwater valve shall be installed when required by the Oregon Specialty Code. If approved by the Oregon Department of Business and Consumer Services, a backwater valve shall be installed when the lowest floor level of a structure to be connected to the city wastewater system is below a point which is 12 inches above the top of the nearest upstream manhole or cleanout structure. Backwater protection shall otherwise be installed when required by the Oregon Plumbing Specialty Code. Installation of required backwater protection shall be a condition of approval for any building permit.

C. Property owners are responsible for ensuring that backwater protection is properly maintained and functioning at all times. Backwater protection is subject to inspection by the city at any reasonable time, and failure to properly install and maintain this protection may result in suspension of sewer service by disconnection of water service until the requirements for backwater protection are met.

D. Any installation of backwater protection or modification to any sewer shall be performed and inspected under the requirements of Titles 12 and 15 and established city procedures.

E. The City Engineer shall establish a Backwater Protection Program pursuant to which property owners are encouraged to comply with this section and pursuant to which a property owner may be compensated by the city in part or in full for compliance with this section. The amount of compensation, if any, is set by resolution of the City Council. The Backwater Protection Program shall provide for a waiver of the requirements of this section if the following criteria are met:

1. The property owner agrees to indemnify and hold the city harmless from any damages resulting from wastewater flooding;

2. Backwater protection is not required by the Plumbing Code; and

3. The property owner records a written copy of the waiver with Hood River County with the property title.

F. Prior to the sale or exchange of any structure used for residential purposes, the selling property owner shall disclose to the person acquiring the structure whether the structure complies with the requirements of this section. The selling property owner shall provide the disclosure to the buyer or grantee prior to the close of the transaction.

G. The city will not incur any liability or responsibility for damage resulting from a wastewater overflow where the property owner or other person has failed to install and maintain backwater protection as required by this section.

The city reserves the right at any time, without notice, to shut off the wastewater system for repairs, extensions, nonpayment of charges or any other reason. The city shall not be responsible for any damage from the shutting off of the wastewater system.