TITLE 13. WATER AND SEWER
CHAPTER 13-800. DAMAGES FROM BREAKAGE
§13-803. Administrative Procedure.
(1) Any person whose property has been damaged through a
defect in the water or sewer system may file a claim for damages with the Water
Department. The claim shall be made under oath setting forth
the:
(a) location of the breakage in the water or sewer
system;
(b) the name and address of the claimant;
(c) an
inventory of any personal property for which claim for damages is made, setting
forth the market value of each item at the time it was destroyed and the market
value of each item prior to being damaged together with its market value in the
damaged condition;
(d) the location and description of any damage to
real estate for which claim for damages is made, setting forth the market value
of the property at the time it was damaged; the market value in its damaged
condition; and the estimated cost of returning the property to its former state
of repair;
(e) a description of events which resulted in damage to the
property; and
(f) such other information required by the Department to
aid in investigating the claim.
(2) The Water Department shall examine
the claim and may negotiate and make settlement in an amount not exceeding
$2,000.
(3) The Water Commissioner may, in his discretion, either
appraise the claim and enter an award in favor of the claimant without a hearing
or he may order a departmental hearing to adjudicate the claim.
(4) If a
hearing is ordered, it shall be held by the Water Commissioner or an examiner
selected by him. The hearing shall be informal and technical rules of evidence
shall not be applied. Testimony shall be under oath. The claimant may be
represented by counsel at the hearing. Notes of testimony may be taken if
desired by the examiner. Claimant may demand that notes of testimony be taken at
the hearing if he pays the cost of taking and transcribing the notes. After
hearing, an award may be entered by the Water Commissioner.