Township of Cannon, MI Water and Sewer Committee

[Amended 1-23-2023 by Ord. No. 2023-1]

A Water and Sewer Committee may be established by the Township. The voting members of the Committee shall be the Township Supervisor, not more than two Township Board members, and two additional members appointed and removed by the Township Board from time to time to represent the interests of the lakefront associations or similar homeowner associations, or other interested parties. The Township Engineer shall serve as an ex officio member. The Water and Sewer Committee shall be responsible for all aspects of managing the system on behalf of the Township. In addition, the Committee shall, upon request, consider decisions, denials or other actions taken by the Building Official or other persons under the terms of this chapter, and in this regard, shall consider appeals on such matters from aggrieved persons. Without limitation of the foregoing, the Water and Sewer Committee shall advise the Township Planning Commission on the availability of the system for proposed new plats and PUD developments and shall have the authority to negotiate agreements for sewer extensions with developers and other municipalities, which agreements shall take into consideration questions of demand, benefit, capacity, necessity, timing, and funding and may provide for prepayment of trunkage, payback arrangements of up to 10 years and similar matters. All decisions of the Water and Sewer Committee are subject to ratification by the Township Board at a regular or special meeting before implementation. No decisions of the Water and Sewer Committee shall bind the Township until so ratified by the Township Board. The members of the Water and Sewer Committee shall serve without salary, but may be reimbursed for their actual expenses, incurred in the performance of the Water and Sewer Committee duties and may receive a per diem, as determined by the Township Board.

[Amended 1-10-2022 by Ord. No. 2022-1]

Notice and claim procedures applicable to overflow or backup of the public sewer system. 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 public sewer system, which, as defined in Act 222, shall be referred to for purposes of this article as a "sewage disposal system event." To afford property owners, individuals and the Township greater efficiency, certainty and consistency in the provision of relief for damages or physical injuries caused by a sewage disposal system event, the Township 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:

A claimant is not entitled to compensation unless the claimant notifies the Township 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.

The written notice under Subsection A 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.

The written notice under Subsection A shall be sent to the Township Supervisor, who is hereby designated as the individual at the Township to receive such notices pursuant to Section 19 of Act 222.

If a claimant who owns or occupies affected property notifies the Township orally or in writing of a sewage disposal system event before providing a notice of a claim that complies with Subsections A, B and C, the Township Supervisor shall provide the claimant with a written explanation of the notice requirements of Subsections A, B and C sufficiently detailed to allow the claimant to comply with said requirements.

If the Township is notified of a claim under Subsection A and the Township believes that a different or additional governmental agency may be responsible for the claimed property damages or physical injuries, the Township 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 Township receives the claimant's notice under subsection A. The Township shall give notice of a claim to the NKSA.

If the Township receives a notice from a claimant or a different or additional governmental agency that complies with this section, the Township 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 Township or its duly authorized representatives to inspect damaged property or investigate a physical injury.

Prior to a determination of payment of compensation by the Township, the claimant shall provide to the Township additional documentation and proof that:

(1)

At the time of the sewage disposal system event, the Township owned or operated, or directly or indirectly discharged into, that portion of the public sewer system that allegedly caused damage or physical injury;

(2)

The public sewer system had a defect;

(3)

The Township knew, or in the exercise of reasonable diligence, should have known, about the defect in the public sewer system;

(4)

The Township, 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 public sewer system; and

(5)

The defect in the public sewer 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.

Prior to a determination of payment of compensation by the Township, the claimant shall also provide to the Township 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:

(1)

An obstruction in a service connection or a building sewer that was not caused by the Township; or

(2)

A connection on the affected premises, including, but not limited to, a footing drain, sump system, surface drain, gutter, downspout or connection of any other sort that discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water, unpolluted air-conditioning water or unpolluted industrial process waters to the public sewer system.

If the Township 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 A, the claimant may institute a civil action in accordance with Act 222.

To facilitate compliance with this section, the Township shall make available to the public information about the notice and claim procedures under this section.

The notice and claim procedures set forth in this section shall be applicable to a sewage disposal system event involving the public sewer system.

The Township 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 E, do not apply to a sewage disposal system event involving a storm sewer, storm drain or a combined sewer.

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.

As provided in Section 19(7) of Act 222, the notice and claim procedures of this section do not apply to claims for noneconomic damages (as defined in Act 222) arising out of a sewage disposal system event.

Any word, term or phrase used in this section, if defined in Act 222, shall have the same meaning provided under Act 222.