Sean C. Morgan
The Sweet Home City Council decided it would not appeal a small claims decision against the City of Sweet Home.
City Attorney anticipates that the $1,135 award will be covered by the city’s insurance carrier.
Dan McCubbins was awarded the money in a hearing at Lebanon Justice Court. The decision represents a shared responsibility for a broken sewer pipe.
McCubbins had asked for $4,399.86. That included interest on what he claimed the city owed him since November. It also included additional work on a lateral between the connection, where the problem was, and a rental unit owned by McCubbins.
The judge split the total request, eliminating McCubbins labor and other miscellaneous costs. The judge split the remainder to divide the responsibility for the connection point itself between the city and McCubbins.
McCubbins asked the City Council to pay $4,069.66 on Nov. 27 for the repairs.
Believing at the time it was his responsibility, McCubbins made repairs to a broken sewer pipe. On July 24, his tenant at 900 Oak Terrace Ln. had reported a sewer problem.
The tip of the “Y” connector on the sewer main had broken. The lateral, angled downward into the connection, slipped out, blocking sewer service to the house.
McCubbins completed repairs to the pipe. He also completed work along the lateral to the house.
McCubbins contends that the break was on the city’s side of the connection and the city’s responsibility, something he could not see until he was already repairing the connection. He also would not have done additional work had the connection not broken.
The council chose not to pay for the repair because the connection, contending that city ordinances make it the property owner’s responsibility.
City staff is drafting ordinance amendments to clarify and further define a property owner’s responsibility. The proposed ordinance will stipulate that property owners are responsible for the sewer later all the way to the sewer main. Although the “Y” is a pre-formed part of the sewer line, it will be identified by the ordinance as part of the lateral and the responsibility of individual property owners.
The pre-formed connection point is just one of several types of connections used throughout the City of Sweet Home. Some laterals are tied in directly to the sewer main.
“I’m actually pretty happy with the decision,” McCubbins said. “The great news is the judge agreed with me,” that the “Y” was part of the city’s infrastructure.
The city put the main in, and the “Y” broke, McCubbins said. “It’s not right for me to be responsible for my end and their end.”
The judge asked city staff whose responsibility a break would be at different points along the “Y.”
“They said unless it impedes flow in the main, it’s the (property owner’s) responsibility,” McCubbins said. “Certainly it’s not fair for property owners to be responsible for a deteriorating sewer system.”
McCubbins thought his own witness made the difference in his case. His witness testified that the lateral was installed incorrectly about 10 years ago. It flowed sharply down to the connection, speeding water up and eroding the pipe.
“That hurt me because I think I would’ve been awarded the majority of that,” McCubbins said. McCubbins pointed out that the pipe was inspected and approved when it was installed.
“I was disappointed in the split,” McCubbins said. “But this was a matter of principle.… More than the money, it was the fact this was simply not right.…
“My hope is this changes so the city’s more fair and they take the responsibility they need to take in repairing these breaks.
“I proved my point. I didn’t get all of my funds back, but I didn’t feel I should pay for it all.”