SEWER OVERFLOW OR BACKUP
Notice of Requirements for Filing a Claim for Sewer Overflow or Backup
The requirements for claims due to sewer backup events are governed by Public Act 222 of 2001 (MCL 691.1416 - 691.1419). If you believe you have suffered property damage or personal injury due to a sewer overflow or backup from a City sewer system, you must provide notice of your claim to the City within 45 days after the date the damage or physical injury was discovered or should have been discovered and you must provide all of the information marked with an asterisk (*) on the form that follows.
The claim may be submitted by completing this form and submitting it electronically, or by submitting the completed form to the City's Risk Management Office at 301 E. Huron St., P.O. Box 8647, Ann Arbor, MI 48107-8647.
THE CITY IS REQUIRED TO PROVIDE THE NOTICE ABOVE. I CERTIFY THAT I HAVE RECEIVED SUCH NOTICE.
Additional Information about Sewer Overflow and Backup Claims
A claim against a governmental agency for property damage or physical injury due to a sewer backup event may be eligible for compensation under Public Act 222 of 2001 (MCL 691.1416 - 691.1419) only if the claimant complies with all the notice and claim requirements (above) and if the claimant shows that all of the following existed at the time of the event:
- The governmental agency was the 'appropriate governmental agency'
- The sewage disposal system had a defect,
- The governmental agency knew, or in the exercise of reasonable diligence should have known, about the defect,
- The governmental agency, having the legal authority to do so, failed to take reasonable steps in a reasonable amount of time to repair, correct, or remedy the defect, and
- The defect was a substantial proximate cause of the event in the property damage or physical injury.
(2) In addition to the above requirements, to obtain compensation for personal property damage, a claimant has to show:
- Personal Property - reasonable proof of ownership and the value of the damaged personal property (reasonable proof could include testimony or records documenting ownership, purchase price or value of the property or photographic or similar evidence showing the value of the property)
A claimant may not file a civil action against the City until at least 45 days have passed after the date the claimant's sewer claim was filed with the City.
I HAVE READ THE ABOVE ADDITIONAL INFORMATION ABOUT SEWER OVERFLOW AND BACKUP CLAIMS
Proceed to claim entry