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Last summer, a city-owned sewer pipe on city-owned property in Southeast Portland backed up, leaking sewage into a business building.

Mark LaNoue, owner of the at 1235 S.E. Division St., was upset when he saw the $40,000 worth of damage. He was even more upset when he found out the city wouldn’t pay for it.

鈥�(City officials) just made some excuse of it being an old line and how they can’t be responsible for all the old lines in the city,鈥� LaNoue said. 鈥淣o progress has been made, and it’s their problem.鈥�

Broken pipes are a city problem, according to Abby Coppock, a spokeswoman for . However, the city won’t pay for damage resulting from a pipe that has been maintained and is not in physical disrepair, she added.

The pipe that damaged LaNoue’s property was deemed up to city standards.

鈥淭here are times that backups occur and you can’t pinpoint what happened or if anyone was at fault 鈥� That was the case with this pipe,鈥� Coppock said. 鈥淚n general, if the pipe has been inspected and maintained by the city and judged as not being in physical disrepair, then the city doesn’t typically pay for damages.鈥�

The Bureau of Environmental Services is responsible for cleaning city pipes. The bureau’s goals are to clean pipes every six years and inspect them thoroughly (with video equipment) every 12 years.

This information is . The website shows that the pipe, which is behind LaNoue’s building and travels down an alleyway owned by the city, had detailed inspections performed in 2001 and 2009; cleanings in 2001, 2002 and 2009; and a repair near its north manhole in 2009.

The pipe did not receive a cleaning in 2008 鈥� six years after the previous one. Nevertheless, the pipe was not considered in disrepair when the clog was found, Coppock said, even though the pipe was crushed in certain places.

鈥淭hey are goals,鈥� she said in reference to the delayed cleaning. 鈥淭his claim was denied on the basis that the backup was not the city’s fault.鈥�

LaNoue said that the city originally promised it would cover restoration costs. After the sewage was found in late August, he called city officials, who then discovered the problem.

According to LaNoue, officials with Risk Management Services told him to obtain a cost estimate by hiring a restoration agency and then sending them the bill. But officials returned the bill, saying that they had determined the damage was not the city’s fault.

LaNoue said his insurance policy will most likely cover the cost of repairs. Many insurance agencies have commercial policies that cover water backflow damage from neighboring properties, according to Todd Plummer, a local insurance agent.

But the damage could extend beyond floors and walls. As it stands now, the building’s main room and kitchen are missing pieces of floor. And for many weeks, building tenants had to use a portable bathroom while the existing one was being restored.

Although tenants have been supportive throughout the cleanup process, LaNoue said efforts to attract new ones could take a hit.

鈥溾�� obviously (the building) doesn’t show very well,鈥� he said. 鈥淲hether this is going to keep them from leasing space 鈥� I’m not sure.鈥�

The city has agreed to pay $5,000 toward LaNoue’s insurance deductible, Coppock said. LaNoue claimed that the city had increased that amount to $10,000; however, Coppock denied that. She added that the city is paying only because the backup occurred on city property.

LaNoue believes that is an admission of guilt and is considering the possibility of pursuing legal action. He may have a case, according to Marc Johnston, founder of the , if it can be determined how the pipe was damaged.

鈥淕enerally, there’s a reason (why) pipes damage. I’m sure there would be some reasoning (in this case),鈥� he said. 鈥淭he question is: Could the city have prevented that from happening by proper maintenance, by proper materials or by some sort of safety measure?鈥�

At this point, LaNoue is just concentrating on repairing his building. He believes this is a cautionary tale for owners of properties near city sewer lines.

鈥淲e’ve been told this happens all the time 鈥� where the city won’t pay for it,鈥� he said. 鈥淚t’s not right.鈥�