Claim Response Holy Ghost Cr UnBARRY A. LINDAHL~ ESQ.
CORPORATION COUNSEL,
CITY Of DUBUQUE
MEMO
To:
Mayor Terrance M. Duggan and
Members of the City Council
DATE: April 28, 2003
RE:
Claim Against the City By Holy Ghost Parish Credit Union
Claimant
Date of Claim
Date of Loss
Nature of Claim
Holy Ghost Parish
Credit Union
04/16/03 04/05/03
Property Damage
This is a claim in which claimant, Edmund J. Welu, President of the Holy Ghost Parish
Credit Union, alleges that the door and lock assembly of the Holy Ghost Padsh Credit
Union were damaged after a passerby called the Fire Department, and firemen broke
down the front door for what appeared to be an apartment fire. It was later determined
that the smoke seen by the passerby was actually steam fro a dryer vent.
According to the report of Dan Brown, City of Dubuque Fire Chief, Captain Rick Bankson
was the company officer in charge of the first arriving unit at the call. Light smoke was
seen coming from a second-story window and the source of the smoke was unable to be
determined. It was then decided that forcible entry was necessary. Captain Bankson's
unit later discovered an improperly vented dryer hose through the window in question.
Captain Bankson's report stated that had the vent been properly installed, the
determination between smoke and steam would have been obvious.
Chief Brown believes that the responding Fire personnel acted properly in using forcible
entry because of the need to determine the origin of the smoke/steam. It is therefore the
recommendation of Chief Brown to deny this claim. The Legal Department concurs with
this recommendation.
BAL/tls
CC:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
Dan Brown, City of Dubuque Fire Chief
Edmund J. Welu, President, Holy Ghost Parish Credit Union
SUITE 330, HARBOR VIEVV PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MW131.NET
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 28, 2003
TO: Barry Lindahl, Esq.
FROM: E. Daniel Brown, Fire Chief
SUBJECT: Claim Against the City of Dubuque by Holy Ghost Parish Credit Union
I have reviewed the claim from the Holy Ghost Parish Credit Union for damage done to
the door and lock assembly of the apartment located at 2890 % Central Avenue.
Attached is a copy of the events presented by Captain Rick Bankson who is the
company officer in charge of the first arriving unit at the call. He states that they saw
light smoke coming from a second story window and they were unable to determine the
source, therefore fomible entry wes needed. They discovered an improperly vented
dryer hose through the window in question. I believe that Fire personnel acted properly
and needed to determine the origin of the smoke/steam. Therefore I recommend denial
of the claim.
EDB/jl
CHIEF BROWN:
RE: FORCED ENTRY AT 2890 ~/2 CENTRAL
April 28, 2003
ENGINE 503 RESPONDED ALONG WITH A FULL FIRE RESPONSE FOR A
POSSIBLE STRUCTURE FIRE CALLED IN BY A PEDESTRIAN IN THE
APARTMENT ABOVE THE HOLY GHOST CREDIT UNION. ON ARRIVAL WHAT
APPEARED TO BE LIGHT SMOKE WAS COMING FROM A SECOND FLOOR
WINDOW. IT WAS COLD THAT DAY AND WE CONSIDERED THAT IT MAY BE
FROM A DRYER VENT. NO VENT WAS VISIBLE HOWEVER, AND DUE THE
CLOSENESS OF THE BUILDINGS A GOOD VIEW OF THE WINDOW WAS NOT
AVAILABLE. I WENT TO THE DOOR ON THE SECOND FLOOR AND COULD
SEE IN THE DOOR WINDOW. NOTHING WAS VISIBLE AT THAT TIME, BUT
SINCE THE WINDOW IN QUESTION WAS AT THE REAR AND THE STEPS
WERE IN THE FRONT, AND NO OCCUPANT ANSWERED THE DOOR I FELT
THAT ENTRY WAS REQUIRED. THE WINDOW IN THE DOOR WAS HIGH SO
BREAKING THE WINDOW WOULD NOT ALLOW ME TO REACH THE DEAD
BOLT. I MADE THE DECISION TO FORCE THE DOOR USING AN AXE.
UPON GAINING ENTRY WE FOUND THAT IT WAS A RUNNING DRYER.
THE DRYER WAS VENTED BY PUTTING THE HOSE DII>,.ECTLY INTO A
WINDOW. IF THE VENT HAD BEEN PROPERLY INSTALLED IT WOULD HAVE
BEEN OBVIOUS. AS IT WAS I FELT I COULD NOT CLEAR THE BUILDING
WITHOUT ENTERING THE APARTMENT.
THE RESIDENTS ARRIVED SOME TIME LATER AND WERE ADVISED
OF TH2E SITUATION.
CAPTAIN RICK BANI<SON.
ENGINE 503