Claim - Anderson, Robert E.To: Mayor Terrance M. Duggan
and members of the City Council
Date: February 29, 2000
Re: Claim of Robert E. Anderson
Claimant
Robert E. Anderson
Date of Claim
2/10/00
Date of Loss
2/6/00
Nature of Claim
property damage
This is a claim for damages to the claimant's property and for
reimbursement of cleaning expenses incurred in connection with a
sewer backup at his home on Mayfair Court.
Under Iowa law, a city is not the insurer of the condition of
its sewers, and is only liable if it is negligent. The City's duty
is to exercise reasonable care to keep its sewers free from
defects. Before a city is liable for damage caused by a sewer
defect, the city must have had actual knowledge or constructive
notice of the defect, with sufficient time to have repaired it
prior to the incident causing damage. Actual knowledge occurs when
the city is actually aware of the defect; constructive notice
occurs when the defect has existed for such a period of time that
a reasonable person would have discovered it.
According to the report of Street\Sewer Maintenance Supervisor
John Klostermann, this sewer has had a recent history of problems.
Based upon our knowledge of the defect, he recommends that the
claim be paid. The Legal Department concurs with that
recommendation.
It is therefore the recommendation of the Legal Department
that this claim, in the amount of $207, be paid by the Finance
Director and submitted to ICAP for reimbursement.
BAL/cg
Attachment
cc - Mr. Don Vogt
cc - Mr. John Klostermann
cc - Mr. Robert E. Anderson
February 24, 2000
Barry Lindahl
Corporation Council
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the sanitary sewer claim filed by Mr. Robert Anderson on
February 10th, 2000.
On February 6th, we were notified of a sewer problem affecting Mr. Anderson's home
located at 985 Mayfair Court. A sewer crew was dispatched and found that our main
line was plugged. The main line was jetted and service restored. An additional closed
circuit television investigation on February 7th revealed a large build up of roots in the
line. Additional cleaning of the line was necessary and was completed that day.
After reviewing records of this line, it appears that we have had problems with roots in
the past. It was chemically treated to control roots in 1994. We also had problems with
roots in 1997.
Due to our past history of problems in this line, it is my recommendation to pay the
claim as filed.
Sincerely,
John Klostermann
Street/Sewer Maintenance Supervisor