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PowerPoint and Workshop Presentation by City Engineer Melissa Coatta re: August 24, 2023 Rain Event
Filing a Claim Against the City  
Personal Injury and Property Damage Claims (Other Than Sewer Backup Claims)  
Sewer Backup Claims  
WRC Sewer Backup Overview  
Flooded Basements Tracking Form 
FAQs re: Flooded Basements 
State of Michigan Disaster Preparedness Information  

Filing a Claim Against the City


The City of Birmingham is a member of the Michigan Municipal League Liability & Property Pool (MMLLPP). The claims service administrator for the MMLLPP, Meadowbrook Claims Service, is specifically responsible for the administration of claims on behalf of the MMLLPP and its members. Therefore, each claim received by the City is submitted to Meadowbrook Claims Service 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 Personal Injury and Property Damage Claim Form (not for sewer backup claims) and send the completed form, along with any supporting documentation to:

City of Birmingham
PO Box 3001
151 Martin
Birmingham , MI 48012-3001
Attn: City Manager's office or email hr@bhamgov.org.

Your claim cannot be considered until all necessary information has been received in order to allow 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 248.530.1808.

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 to show:

  • the City's sewage-disposal system had a defect;
  • the City knew, or reasonable should have known, about the defect;
  • the City did not remedy the defect in a reasonable time;
  • the defect caused the event and the property damage or physical injury;
  • the claimant owns, and has shown the value of, any damaged personal property;
  • and the claimant notified the City.

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, the 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.

For additional information and forms, please download Sewer Backup Claim Information.

If you need assistance or additional information, please call at 248.530.1808.

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).

WRC Sewer Backup Overview

Download the Water Resources Commissioner (WRC) Sewer Backup brochure for helpful information about sewer backups.

Flooded Basements Tracking Form
If you experienced flooding in your basement during a storm, please submit the form below.

Frequently Asked Questions Regarding Flooded Basements

My basement flooded during recent storms. What should I do?
  • Start by taking pictures and making a list of all damaged items. If possible, get fans or dryers blowing as soon as possible in the flooded areas.
  • Report the situation to your homeowners insurance.
  • Notify the City by submitting this form.
What does the City do upon notice of a basement backup?

The City will advise the homeowner to hire a plumber to check the sewer lateral and other private drains on their property for roots or other defects that could be contributing to the issue. It is recommended that a video record of pipe conditions be made by the plumber to ensure that any cleaning they perform was effective, and to clarify the nature of any defects that might be found. The City’s Department of Public Services will then make a visual check of the flow conditions in the public sewer main to see if it is flowing normally, or backing up.

Can I file a claim with the City?

Yes. In January 2002, a 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 to show:

  • the City's sewage-disposal system had a defect;
  • the City knew, or reasonably should have known, about the defect;
  • the City did not remedy the defect in a reasonable time;
  • the defect caused the event and the property damage or physical injury;
  • the claimant owns, and has shown the value of, any damaged personal property;
  • and the claimant notified the City.

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, the 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. Download the claim form at www.bhamgov.org/riskmanagement.

Why are basements more likely to flood in older communities? What is the City of Birmingham doing about it?

Older communities have a combined sewer/storm system that collects both waste and storm water simultaneously in a shared system, which increases the chance of flooding when compared to modern day sewer designs with separate systems. In the late 1990’s, a major bond issue was passed to finance the construction of relief sewers in the areas of the city that were experiencing frequent sewer backups at that time. Those projects only addressed a part of the city that was prioritized based on conditions at that time, and we knew much more work would be needed in the future in other parts of the city. Every road reconstruction project in the city over the past 25 years has included a review of the sewer conditions and where needed, construction of new sewers, relief sewers and storm sewers to alleviate the risk of basement flooding due to sewer backups. For all the work that has been completed, we know there is still much more to be done as the city strives to renew its aging infrastructure systems. We evaluated infrastructure needs based on the conditions of the sewer, water main and road surfaces, and presented those results to the City Commission in September 2021.

The construction of new sewers does not eliminate the risk of future basement backups.  The standard practice for many years of design of combined and storm sewers has been for about two inches of rain in one hour. This is referred to as the “10-year” storm, and represents a 10% chance of occurrence in any given year, based on a statistical analysis of actual rain events. The recent extreme storm events we have experienced have far exceeded that criteria, and consequently may have overwhelmed parts of the sewer system. We note that just as the public system may be overwhelmed by these types of extreme events, private sewer laterals, which in many cases collect groundwater from the home’s foundation drains, and other yard drainage systems may be overwhelmed as well.

What can I do to prevent flooding in my basement?

As a homeowner, measures you can take to reduce the risk of basement flooding due to sewer backups include: installation of backflow preventer devices on your sewer lateral, ensuring roof downspouts are not connected to the sewer lateral and are extended at least six feet from the building, making sure the surface grade surrounding your home slopes away from the building, and that landscaping or other features do not trap or direct surface water against the building. Also, avoid storing valuable items on the floor or near floor drains to reduce loss of property if a basement flood occurs. 

Does the City operate a pump or lift station?
No. The City of Birmingham sewer system is a gravity system and the City does not own or operate pump stations or lift stations.