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The Charter Township of Genoa and
the Genoa-Oceola Sewer Authority make every effort to be
responsive to citizens needs when the unfortunate situation of a
sewer backup occurs. Unfortunately, each case has its own unique
set of circumstances which may affect any type of claim settlement
that could ensue.
To aid you in understanding the
complexities of liability in sewer damage claims, the following
information is supplied:
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The Municipality is not
automatically liable for resulting damages whenever a sewer
backs up. It is only liable for those damages if the backup
was caused proximately by negligence on the part of the
Municipality. |
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Many homeowners insurance
policies exclude damage resulting from sewer backups. Thus,
homeowners often end up looking to the Municipality to pay
their damages when their own homeowner's insurer denies
their claim. |
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Some homeowners insurance
companies do provide sewer backup coverage. Therefore, it is
possible for homeowners to protect themselves against this
risk. |
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Michigan courts have made it
clear that the Municipality does not and cannot guarantee
that its sewers will never backup. |
Because a sewer is not a closed
system, many things put into the sewer can clog the system. Large
amounts of grease and disposable diapers are two
common items that cause problems. While municipalities can adopt
rules prohibiting dumping of these items into the sewer and can
try to educate the public about the problems they cause, there is
really no way they can absolutely prevent this from happening.
Other factors can cause backups as well. Tree roots can grow into
and obstruct the system and overload it.
The courts have made it clear that
the municipality is liable for sewer backup damages only if the
municipality's negligence caused the damage. There are four basic
questions the courts look at in deciding this issue. The
municipality is liable if the answer to all four is yes.
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Was there a defect in the
municipality's sewer line? |
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Did the municipality know or
should it have reasonably known, about the defect? |
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Did the municipality fail to
correct the defect within a reasonable time after learning
of it? |
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Did that failure by the
municipality cause both the event and damages? |
If the municipality exercises
reasonable care in inspecting and maintaining its sewer lines, and
if it responds to problems in a reasonable manner and time, it is
not liable when sewer backups occur.
In order to comply with the
requirements of P.A. 222, if you experience an overflow or backup
of a sewage disposal system, you must file a written claim with
the Charter Township of Genoa or the Genoa-Oceola Sewer Authority,
within 45 days after the overflow or backup was discovered. Notice
should be mailed to the Charter Township of Genoa, 2911 Dorr Road,
Brighton, MI 48116.
Failure to provide notice will
prevent recovery of damages. Contact the Charter Township of Genoa
and the Genoa-Oceola Sewer Authority 24 Hour Emergency Department
at 888-481-0439 immediately upon discovery of an overflow or
backup.
Using these legal guidelines, the
Charter Township of Genoa and the Genoa-Oceola Sewer Authority
have established general common sense procedures dealing with
sewer backups. If you do experience damages due to a sewer backup
and wish to present a claim, please contact, Utility Director, Greg Tatara at
810-227-5225 Ext. 36 for additional information. We will review
all of the claim information and do our best to achieve a
reasonable outcome.
THE FILING OF A CLAIM DOES NOT GUARANTEE ANY
PAYMENT WILL BE FORTHCOMING, UNLESS LIABILITY IS DETERMINED.
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Genoa-Oceola
Sewer Authority |
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Notice of Claim Form |
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Oak Pointe
& Lake Edgewood Sewer |
Notice of Claim Form
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To
present a claim, you will be required to provide the
following items:
- Copies of receipts for cleaning costs,
plumbing bills or other bills.
- List of damaged items and receipts to
prove the ages of your items.
- Please make an attempt to provide
pictures if possible, of anything you wish to claim that
was damaged due to the sewer backup.
If you do not provide sufficient detail to
support your claim, the items will lose much of their value.
Reimbursement for the Actual Cash Value of damaged items is
the maximum amount payable. |
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