Title
Amending Chapter 13-800 of The Philadelphia Code, entitled "Damages From Breakage," by providing for certain duties and responsibilities of the Water Department in the event of water main breaks and providing for certain rights and protections to property-owners affected by such water main breaks, all under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Chapter 13-800 of The Philadelphia Code, entitled "Damages from Breakage," is hereby amended to read as follows:
CHAPTER 13-800. DAMAGES FROM BREAKAGE.
§ 13-801. Definitions.
In this Section, the following definitions apply:
(1) Water and Sewer System. Water mains and sewers and appurtenances thereof which are owned and maintained by the City of Philadelphia.
(2) Breakage. Any failure, leakage, breakage, collapse or blockage occurring in the water and sewer system.
(3) Natural disaster. An overwhelming, unpreventable event caused by forces of nature, such as an earthquake, flood or tornado. For purposes of this chapter, exceptionally hot or cold weather shall not be considered a natural disaster.
[(3)](4) Property Damages. The market value of real and personal property at the time of loss or destruction or the loss in market value of real and personal property at the time of damage. Personal injuries, consequential damages, loss of business and loss of property are not included.
§ 13-802. Water and Sewer System Property Damages.
(1) The [Water Department] Law Department or, by delegation, Risk Management is authorized to pay property damages resulting from any breakage in the water or sewer system not caused by a natural disaster, the claimant or a third-party. Any contractors engaged by the City shall not be considered a third-party for purposes of this Chapter.
§ 13-803. Administrative Procedure.
(1) Any person whose property has been damaged through a [defect] breakage in...
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