Rain Event Information - July 24th, 2021
Updated July 28, 2021
FROM THE OFFICE OF THE CITY MANAGER
Over this past weekend, areas in Southeast Michigan were hit with tornadoes, high winds, and rainfall that caused major damage. Clawson received approximately 1.5–3 inches of rainfall between the hours of 8 pm and 9:30 pm. There were reports of street flooding throughout the city – most of which cleared in a couple of hours. This weekend’s rain event was highly intense and we are aware of some residential impacts with flooded basements. We are currently collecting data to provide a full assessment. City Council held a special meeting on Thursday, July 29th at 7 p.m. to discuss what happened and to review processes with the Department of Public Works, Oakland County representatives, and City Administration.
Below you will find valuable information on how to Report a Damage Claim and requirements.
Report A Claim Important Links:
- PA 222 State of Michigan
- City of Clawson - PA222 Form (Notice of Claim Form)
- Public Act 222: Sewer Back-up Legislation
Filing a Claim Against the City
The City of Clawson is a member of the Michigan Municipal Risk Management Authority (MMRMA). The claims service administrator for the MMRMA is specifically responsible for the administration of claims by its members. Therefore, each claim received by the City is submitted to MMRMA for a determination of liability, and to handle the adjustment and payment, if any, for the claim. Any statements or promises made to you concerning your claim by any other City employee or agency are unauthorized and are not binding.
Personal Injury and Property Damage Claims (Other Than Sewer Backup Claims)
A claim can be considered only after it is filed in writing with the City. Fill out the Claim Form and send the completed form, along with any supporting documentation to:
City of Clawson
425 N. Main Street
Clawson, MI 48017
Attn: City Manager's office or email email@example.com
NOTE: Your claim cannot be considered until all necessary information has been received in order to allow the claims administration to perform a thorough investigation of the facts of the claim. Because of the procedures that must be followed, some time must elapse between the filing and final disposition of your claim. Please be assured that as soon as you provide the necessary information, your claim will be promptly considered and you will receive a response on your claim. If you have any questions or would like more information, please call 248.435.4500.
Sewer Backup Claims
In January 2002, a new Michigan law on municipal liability for basement flooding went into effect. Public Act 222 of 2001 requires claimants seeking compensation for physical injury or property damage as a result of a sewer-disposal or storm-water-system event. Current Michigan Law Public Act 170 of 1964, as amended by Public Act 222 of 2001, requires that persons seeking compensation for injury or property damage must show that all of the following existed at the time of the event:
- The City of Clawson at the time of the event owned or operated, or directly or indirectly discharged into, the portion of the sewage disposal system that allegedly caused damage or injury.
- The sewer disposal system of the City of Clawson has a construction, design, maintenance, operation, or repair defect.
- The City of Clawson knew, or in the exercise of reasonable diligence should have known, about the defect and failed to take reasonable steps in a reasonable amount of time to repair, correct, or remedy the defect.
- The defect must be 50% or more of the cause of the event and the damage or injury.
Claimants must comply with statutory notice requirements. A claimant who has been injured or has suffered property damage as a result of a sewage-disposal-system event must provide written notice of the event within 45 days after the date the damage or physical injury was discovered. The written notice must contain the claimant's name, address, telephone number, address of the affected property, the date of discovery of any property damage or physical injury, and a brief description of the claim. Failure to provide proper notice may bar the claim.
The above summarizes Public Act 222, which should be consulted for a full description of a claimant's rights and duties. To review or download the law, go to www.michiganlegislature.org (then click “Public Acts”, then fill in the blanks with “222” and “2001” in the Public Act search).
Wondering How to Protect Yourself from Basement Flooding?
Here are some steps you can take as a homeowner: Protect Your Home from Flooding (provided by FEMA).