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SPECIAL CLAIM 1920-4: SUBMITTED BY BURT STEVENS ON BEHALF OF WNSOU, L.L.C, IN THE AMOUNT OF $2,918.23 FOR DAMAGE TO THE INTERIOR OF HIS PROPERTY AT 121 OLDE BROOK COURT AS A RESULT OF A SEWER LINE BACK-UP.
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BACKROUND: A claim was filed by Burt Stevens, on behalf of WNSOU, LLC, for expenses incurred due to a sewer main back-up at his property on May 21, 2019, at 121 Olde Brook Court. Mr. Stevens requests reimbursement of damage in the amount of $2,918.23.
On September 3, 2019, an Executive Session was held to discuss the claims being submitted on behalf of three property owners regarding the sewer back-up on Olde Brook Court. This claim is being submitted to City Council for consideration at this time.
DISCUSSION: On the morning of May 21, 2019, City division staff received service calls for a possible sewer obstruction from residents of Olde Brook Court. Upon arrival, staff inspected the 8-inch clay sewer main and found it was obstructed. As a result, three property owners submitted claims to the City requesting payment of their damages.
The claim was investigated by David Hager, Utilities Manager. According to City maintenance records for the past three years, the City has never received a maintenance request for the Olde Brook Court area. When the City received news of the sewer back-up, it took immediate action and cleared the obstruction on the same day.
As previously discussed with Council, this is not a clear case of City liability, however there could be potential liability on the City. Mr. Stevens claim in the amount of $2,918.23 appears reasonable.
RECOMMENDATION: Based upon the above and foregoing, it is the recommendation of the City Attorney’s Office that the claim of Burt Stevens, on behalf of WNSOU, LLC, in the amount of $2,918.23 as set forth above, be approved.