§ 51.31  SEWER BACKUP POLICY.
   (A)   This section has been adopted in accordance with Act 222 of the Public Acts of Michigan of 2001 (“Act 222”) to set forth the notice and claim procedures applicable to an overflow or backup of the system, which, as defined in Act 222, shall be referred to for purposes of this section as a “sewage disposal system event.”  To afford property owners, individuals and the village greater efficiency, certainty and consistency in the provision of relief for damages or physical injuries caused by a sewage disposal system event, the village and any person making a claim for economic damages, which, as defined in Act 222, shall be referred to for purposes of this section as a claimant, shall follow the following procedures:
      (1)   A claimant is not entitled to compensation unless the claimant notifies the village of a claim of damage or physical injury, in writing, within 45 days after the date the damage or physical injury was discovered by the claimant, or in the exercise of reasonable diligence should have been discovered by the claimant.
      (2)   The written notice under subsection (1) shall contain the claimant’s name, address, and telephone number, the address of the affected property, the date of discovery of any property damages or physical injuries, and a brief description of the claim.  As part of the description of the claim, the claimant shall submit an explanation of the sewage disposal system event and reasonable proof of ownership and the value of any damaged personal property.  Reasonable proof of ownership and the purchase price or value of the property may include testimony or records.  Reasonable proof of the value of the property may also include photographic or similar evidence.
      (3)   The written notice under subsection (1) shall be sent to the Village President, who is hereby designated as the individual at the village to receive such notices pursuant to Section 19 of Act 222.
      (4)   If a claimant who owns or occupies affected property notifies the village orally or in writing of a sewage disposal system event before providing a notice of a claim that complies with  subsections (1), (2) and (3), the Village President shall provide the claimant with a written explanation of the notice requirements of subsections (1), (2) and (3) sufficiently detailed to allow the claimant to comply with the requirements.
      (5)   If the village is notified of a claim under subsection (1) and the village believes that a different or additional governmental agency may be responsible for the claimed property damages or physical injuries, the village shall notify the contacting agency of each additional or different governmental agency of that fact, in writing, within 15 business days after the date the village receives the claimant's notice under subsection (1).
      (6)   If the village receives a notice from a claimant or a different or additional governmental agency that complies with this section, the village may inspect the damaged property or investigate the physical injury.  A claimant or the owner or occupant of affected property shall not unreasonably refuse to allow the village or its duly authorized representatives to inspect damaged property or investigate a physical injury.
      (7)   Prior to a determination of payment of compensation by the village, the claimant shall provide to the village additional documentation and proof that:
         (a)   At the time of the sewage disposal system event, the village-owned or operated, or directly or indirectly discharged into, that portion of the system that allegedly caused damage or physical injury;
         (b)   The system had a defect;
         (c)   The village knew, or in the exercise of reasonable diligence, should have known, about the defect in the system;
         (d)   The village, 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 in the system; and
         (e)   The defect in the system was a proximate cause that was 50% or more of the cause of the sewage disposal system event and the property damage or physical injury.
      (8)   Prior to a determination of payment of compensation by the village, the claimant shall also provide to the village additional documentation and proof that neither of the following were a proximate cause that was 50% or more of the cause of the sewage disposal system event:
         (a)   An obstruction in a service connection, a building sewer or building drain that was not caused by the village; or
         (b)   A connection on the affected premises, including, but not limited to, a footing drain, sump system, surface drain, gutter, down spout or connection of any other sort that discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water, unpolluted air conditioning water or unpolluted industrial process waters to the system.
      (9)   If the village and a claimant do not reach an agreement on the amount of compensation for the property damages or physical injury within 45 days after the receipt of notice under subsection (1), the claimant may institute a civil action in accordance with Act 222.
         (a)   To facilitate compliance with this section, the village shall make available to the public information about the notice and claim procedures under this section.
         (b)   The notice and claim procedures set forth in this section shall be applicable to a sewage disposal system event involving the system.
         (c)   The village does not own or operate any storm sewer, storm drain or combined sewer and, accordingly, the notice and claim procedures set forth in this section, with the exception of subsection (5), do not apply to a sewage disposal system event involving a storm sewer, storm drain or a combined sewer.
         (d)   In the event of a conflict between the notice and claim procedures set forth in this section and the specific requirements of Act 222, the specific requirements of Act 222 shall control.
         (e)   As provided in Section 19(7) of Act 222, the notice and claim procedures of this section do not apply to claims for non-economic damages (as defined in Act 222) arising out of a sewage disposal system event.
   (B)   Any word, term or phrase used in this section, if defined in Act 222, shall have the same meaning provided under Act 222.
(1992 Code, § 10.8)