Bublitz, Lois & Stonskas, D., Water Main Break Claim Appeal
Lois Bublitz
2480 Mineral Street
And
Dianna Stonskas
2485 West Street
Dubuque, Iowa 52001
March 29, 2005
Jean Schneider
City Clerk of Dubuque
City Hall 50 W 13th Street
Dubuque, Iowa 52001
Dear Ms. Schneider:
This is a request to be added to the agenda for the City Council meeting
to be held on April 4th. It is in regards to a water main break that
occurred on Sunday, January 23, 2005 at approximately 9:50 a.m. at
2367 West Street.
Claims were filed by the above property owners and denied by the City.
Sincerely,
'1~ ti~
Lois Bublitz ,'\...
Dianna Stonskas
i'.';
Th;~~E
~~~
MEMORANDUM
March 31 , 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Lois Bublitz Claim
Attached is a memo from Water Department Manager Bob Green summarizing the
series of events related to a damage claim by Lois Bublitz 2480 Mineral Street which
resulted from a water main break. At 10:15 a.m. on January 23,2005 the water
distribution crew responded to a water main break at 2367 West Street. City staff
arrived at the location of the break within one-half hour of receiving notice of the break
and were able to turn off the water by 11 :45 a.m. The repairs were completed and
water restored at 5:30 p.m. that same day. According to Water Department Manager
Bob Green, the last problem experienced with the water main in this location was a
blowout in 1985 but nothing about that break would have lead city staff to believe that
another blow-out would occur some twenty years later in 2005.
West Street where the water main break occurred is at a higher elevation than the
claimant's property on Mineral Street. As a result, the water from the break drained
from West Street to Mineral Street through the yards of several homes located on both
streets. As indicated on Ms. Bublitz's claim form, the water traveled through her
foundation and window wells. Her basement wall was cracked and there was damage
in the yard, sidewalk and steps. Attached are photos indicating the damage observed.
When Ms. Bublitz claim was received it was referred to Public Entity Risk Services
(PERS) for review. PERS denied the claim based upon the following:
· The City of Dubuque had no prior notice of any problems with the water
main in this location;
· City personnel were at the scene promptly and did everything they could
to rectify the problem;
· Once notified, the City was on the scene within 30 minutes and the water
was turned off by 11 :45 a.m. that morning; and
· The water main was returned to service by 5:30 p.m. the same day.
PERS also noted that at the time of the1985 water main break Ms. Bublitz incurred
damages to her home as a result of this break but these damages were never repaired.
This makes it difficult for PERS to determine the actual damages that occurred from the
2005 water main break.
Under Iowa law, a city is not an insurer of all damage that may occur from an incident
such as this water main break. A city is only liable if it fails to exercise reasonable care
to keep water mains in repair. Also, in order for a city to be liable for damage such as
Ms. Bublitz, it must be shown that the city knew or should have known of the defective
condition of the water main that caused the damage in time to have remedied the defect
before the damage occurred.
City staff including Water Department Manager Bob Green, Water Distribution
Supervisor Mike Brekke, and I have visited with Ms. Bublitz on several occasions to
discuss the claim. Based upon the above information, I concur with the denial of the
claim as provided for by PERS. Ms. Bublitz has been notified of her options to request
City Council review of her claim or to take legal action against the City.
{ i' Lit;
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Michatel c. Van Milligen -----.
MCVM/cs
Attachment
Cc: Barry Lindahl, Corporation Counsel
Jeanne Schneider, City Clerk
Cindy Steinhauser, Assistant City Manager
Bob Green Water Department Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
March 30, 2005
TO:
Michael C. Van Milligen, City Manager
Bob Green, Water Department Manager~
SUBJECT: Lois Bublitz Claim - January 23, 2005
FROM:
This memorandum is being provided as a follow-up to this incident. The following
sequence of events have taken place in evaluating this claim, resulting in it being
denied.
On January 23,2005 at approximately 10:15 a.m. the water distribution crew responded
to a water main break at 2367 West Street.
Staff arrived at the site and had the water shut down at approximately 11 :45 a.m. The
repairs were made and water was restored by 5:30 p.m.
In performing the repairs, it was observed that water from this break had drained from
West Street to Mineral Street through the back yards of homes located on both streets.
Ms. Bublitz's home, located at 2480 Mineral Street, was in the path of this draining
water. Water came through her back yard, around the home's foundation, into
basement window wells, across the patio, sidewalk and continued down through the
front yard onto Mineral Street.
Staff visited the Bublitz home and found several family members cleaning and
vacuuming water from the basement floor areas. Staff took pictures of the exterior
areas around the home located in path of the draining water.
The following day, staff members revisited the Bublitz home to aide and assist with
clean up. Clean up to the Bublitz's basement had been completed by her and family
members.
During this visit, Ms. Bublitz informed staff that her basement wall was cracked.
Photographs of the internal basement damaged areas of the home were taken.
Since this incident, Ms. Bublitz has filed a claim with the City for damages to her home
in the proposed estimated amount of $18,119.20.
Her claim was filed on February 9,2005 and was referred to Public Entity Risk Services
of Iowa for review.
Brenda Snyder from Public Entity Risk Services interviewed City staff and Mrs. Bublitz
on this claim. Ms. Snyder was provided the photographs that staff took of this home the
day of and the day after the water break.
It was determined that the cause of the water main break was the result of a blow-out
which is a weak spot in the water main. The most recent prior problem with this water
main was a break in 1985. Nothing about the water main break in 1985 would have led
the City to believe that this break would occur some twenty years later.
Based on the information provided, Ms. Snyder from Public Entity Risk Services
concluded that they City was not negligent in the maintenance of the water main
because it did not have prior knowledge of the defect that caused the damage in time to
have remedied it prior to the water main break.
Ms. Bublitz was notified that her claim was denied. She has since responded by
telephone calls to the City Manager and a letter to Mayor Duggan explaining her
disappointment of this claim being denied.
Ms. Bublitz, in her letter to Mayor Duggan dated February 25, 2005, asked who Public
Entity Risk Services of Iowa were and said that she had not seen anyone from that
service or the city to survey the damages.
As follow-up to this letter, staff and I visited with her and family members at her home
on Friday, March 4, 2005 at approximately 2:20 p.m. During our visit I explained to
them who Public Entity Risk Services were and presented her, for review,
approximately 31 photos that water department staff took of the damages to her home
the day of and the day after the water main break. I explained to her that we provided
these same photos to Brenda Snyder from Public Entity Risk Services for their review in
evaluating her claim.
In our evaluation and in researching the facts of this claim, and as per Iowa law, it was
determined that the City is not liable for these damages and therefore Ms. Bublitz's
claim was denied.
A letter was sent to Ms. Bublitz on March 22, 2005 explaining our position on the denial
of her claim and what her appeal options were.
I'm available at your convenience to discuss this claim further should you have any
questions.
BG:vle
Attachments
cc: Cindy Steinhauser, Assistant City Manager
Barry Lindahl, Corporation Counsel
File
I '
Vf!(
Eagle Point Water Plant
1902 Hawthorne Street
Dubuque, Iowa 52001-1416
(563) 589-4291 office
(563) 589-4297 fax
wtrplnt@cityofdubuque.org
THE CITY OF ~,
D~
~~~
March 22, 2005
Ms. Lois Bublitz
2480 Mineral Street
Dubuque, IA 52001
RE: January 23, 2005 Damage Claim
Dear Ms. Bubliltz:
This letter is being provided as a follow-up to your questions to Mayor Terry Duggan,
City Manager Michael Van Milligen and me.
In your letter dated February 25, 2005 to Mayor Duggan you asked the following
questions:
1. The Public Entity Risk Services of Iowa (whoever they are) now informs me that
my claim is denied.
2. I have not seen anyone from that service or anyone from the City of Dubuque
(Mayor, City Manager, City Insurance Adjuster, or City Engineer) at my house to
survey the damage.
Public Entity Risk Services of Iowa is the claims adjusting agency in Des Moines, Iowa
that handles damage claims such as yours filed with the City of Dubuque.
I visited with you and your family members at your home on Friday, March 4, 2005 at
approximately 2:20 p.m. During our visit I presented to you, for your review,
approximately 31 photos that my staff took of the damage to your home the day of the
water main break. I explained to you and your family members that my staff took these
photos the day of the break and then provided the photos to the claims adjusting
agency for their review.
Brenda Snyder from Public Entity Risk Services interviewed you and my staff by
telephone in order to evaluate the claim. Ms. Snyder also had the photographs of your
home taken the day of the water break.
Service
People
Integrity
Responsibility
Innovation
Teamwork
Under Iowa law, a city is not an insurer of all damage that may occur from an incident
such as this water main break. A city is only liable if it fails to exercise reasonable care
to keep water mains in repair. Also, in order for a city to be liable for damage such as
yours, it must be shown that the city knew or should have known of the defective
condition of the water main that caused the damage in time to have remedied the defect
before the damage occurred.
The cause of the water main break was what is called a "blow-out" which results from a
weak area in the water main. The most recent prior problem with this water main was a
break in 1985. Nothing about that break in 1985 would have led the City to believe that
this break would occur some twenty years later. One break twenty years earlier is not a
reasonable basis for the City to believe that the water main is in poor or unacceptable
working condition or that the section of water main on West Street is in need of
replacement. Based on this information, Ms. Snyder from Public Entity Risk Services
concluded that the City was not negligent in the maintenance of the water main because
it did not have prior knowledge of the defect that caused the damage in time to have
remedied it prior to the water main break.
As I have previously informed you, if you are in disagreement with the City's denial of
your claim, you may request that the City Council review your claim and or you may
take legal action against the City.
I hope this letter has answered your questions and concerns.
Ro ert M. Gre~~
Water Department Manager
RMG:vle
Attachment
cc: Michael C. Van Milligen, City Manager
Barry Lindahl, Corporation Counsel, City of Dubuque
File
. ..
Bob Green
From:
To:
Sent:
Subject:
"Tracey Stecklein" <tsteckle@cityofdubuque.org>
"GREEN, BOB" <BGREEN@cityofdubuque.org>
Friday, March 04, 2005 11 :31 AM
FW: Bublitz Claim - No. H010584
From: Brenda Snyder [mailto:Brenda@bilbreyinsurance.com]
Sent: Friday, March 04, 2005 10:50 AM
To: Tracey Stecklein
Subject: RE: Bublitz Claim - No. H010584
Hi Tracey:
In regards to this claim, I received the following information:
Clmt alleges that a city water main break occurred and caused damage to her home
This loss occurred on 1-23-05 at about 9:50 a.m. -City workers were notified about 10:15 a.m. ofthis, city was at
the scene and had the water turned off at 11 :45 a.m.
Clmt alleges that she has $16,994.20 in damages, however, she had prior damages that she never repaired from
a water main break in 1985 - so at this point the actual amount of damages from this water main break isn't clear
Discussed claim with Bob Green - he said he would like me to discuss this with Mike Brackey, as Mike has more
information
Rec'd call from Mike he states: City rec'd call at 10:15 a.m. - went to the clmt property and had water turned off
by 11 :45 a.m. and water restored at 5:30
The water main break happened on West Street - with this being at a higher elevation as to where the clmt lives -
-water went down into c1mt property
Water Main installed in 1927
Date of previous breaks in area - 1944 - 1949 - 1955-1972-1985
Reasons for Denial:
City not on notice of any problems
Once City was notified of the problem they were at the scene within 30 minutes, had water turned off by 11 :45
a.m. and the water was turned back on by 5:30 pm
City was at the scene promptly and did everything they could to rectify the problem
If you need anything additional please feel free to contact me.
Brenda
From: Tracey Stecklein [mailto:tsteckle@cityofdubuque.org]
Sent: Friday, March 04, 2005 8:38 AM
To: Brenda Snyder
3/4/2005
Page 1 ot 1
Subject: Bublitz Claim - No. H010584
Brenda:
The above-mentioned claimant, whose claim was denied by a letter dated 2/22/05, has been contacting the City
Manager and the Mayor regarding the denial of her claim. The City Manager has asked Barry to put together a
summary of the claim, stating the reason for denial, so that the City Manager can respond to claimant. I would
appreciate it if you could please respond to this email with the requested information. I will then pass on to Barry
so he can do a summary for the Manager.
Thank you for your assistance with this matter.
Have a good day and weekend!
Tracey
3/4/2005
9 44-127
DUBUQUE CODE
Sec. 44.127. City's responsibility in turning
on service.
In turning on water, the city or city water de-
partment shall not be responsible for any damage
that may occur by reason of open, defective or
disconnected IlXtures or piping.
(Code 1976, ~ 36-98)
Sec. 44.128. City only to turn on service.
When the water supply to any premises has been
shut off at either the curb shutoff or the meter, it
shall not again be turned on accept by an autho-
rized representative of the city water department.
The water department may refuse to turn on the
city water to any premises where a bill is in dis.
pute or unpaid or where, if applicant is a tenant,
the required deposit has not been made.
(Code 1976, ~ 36-99)
Sec. 44-129. Closing of accounts.
Owners or consumers desiring to discontinue
the use of water shall give notice to the city water
division. The meter will be read and a fmal bill
computed. If the customer is transferring within
the system, the final balance will be transferred
to the customer's new account, and will be subject
to the normal collection procedures for active ac-
counts. If the customer is discontinuing service on
the city water system, the Imal bill will be ren.
dered to the customer and will be subject to the
normal collection procedure for final bills.
(Code 1976, 9 36-100)
Sec. 44-130. Use of lIre hydrants restricted.
No person, except members of the lrre depart-
ment, street and sewer departments, or employees
Supp. No. 16
2834.4
be fined not less than one hundred dollars ($100.00)
nor more than one thousand dollars ($1,000.00)
for each offense. Each day on which a violation
shall occur or continue shall be deemed a separate
and distinct offense. In addition to the penalties
provided herein, the city may recover reasonable
attorney's fees, court costs, court recorders' fees,
and other expenses of litigation by appropriate
suit at law against the person found to have vio-
lated this division or the orders, rules, regula-
tions and permits issued hereunder.
(b) Falsifying information. It shall be unlawful
for any person to knowingly make any false state-
ments, representation or certification in any ap-
plication, record, report, plan or other document
mes or required pursuant to this division, or waste-
water discharge permit, or to falsify, tamper with
or knowingly render inaccurate any monitoring
device or method required pursuant to this divi-
sion.
(c) Judicial review. Any person aggrieved by any
decision, action or order under this division may
appeal to the district court in and for Dubuque
County. Any such appeal shall be commenced
within (30) days subsequent to such decision, ac-
tion, or order being rendered.
(Ord. No. 38-93, ~ 2, 7-6-93)
"
Sees. 44.107-44.120. Reserved.
I
ARTICLE ill. WATER
DIVISION 1. GENERALLY
Sec. 44.121. Definitions.
In this article, the words "water works," "city
water works" or "city water department" shall
mean the city, acting through its qualified of-
ficers.
(Code 1976, 9 36.92)
Cross reference-Rules of construction and definitions gen-
erally. ~ 1.2.
Sec. 44-122. Provisions of article part of con-
tract.
The provisions of this article shall be consid-
ered a part of the contract with every person who
Supp. No. 16
UTILITIES
~ 44.126
takes water, supplied by the city, through the city
water department, and every such person who
takes water shall be considered as having ex-
pressed such person's agreement to be bound
thereby.
(Code 1976, ~ 36-93)
Sec. 44.123. City not responsible for breaks
in lines.
The city shall not be held responsible for any
damages caused by the breaking of any service
pipe, water main or fire hydrant.
(Code 1976, ~ 36-94)
Sec. 44-124. Ab~doned service pipes.
All service pipes abandoned must be perma-
nently closed off at the water main at the expense
of the owner of the premises, and so reported to
the water department for inspection and written
approval given before being backfllled.
(Code 1976, ~ 36-95)
Sec. 44-125. City's right to shut off service.
The city reserves the right at any time, when
necessary, without notice, to shut the water off for
the purpose of making repairs or extensions or for
other purposes, and no claims shall be made
against the city by reason of the breakage of any
service pipe or service cock, or from any other
damage that may result from shutting off the
water for repairing, laying or relaying mains, hy-
drants or other connections.
(Code 1976, ~ 36-96)
Sec. 44.126. Consumers' duty re water
heaters during service shutoffs.
When water is shut off for making repairs, con-
sumers having water heating coils, shall turn ofT
the water at the basement shutoff and open a
faucet in the hot water pipe and leave it open
until the water is turned on, in order to protect
piping and fixtures from excessive pressures from
hot water or steam.
(Code 1976, 9 36-97)
2834.3
.~ 44-127
DUBUQUE CODE
Sec. 44.127. City's responsibility in turning
on service.
In turning on water, the city or city water de-
partment shall not be responsible for any damage
that may occur by reason of open, defective or
disconnected flXtures or piping.
(Code 1976, ~ 36.98)
Sec. 44.128. City only to turn on service.
When the water supply to any premises has been
shut off at either the curb shutoff or the meter, it
shall not again be turned on accept by an autho-
rized representative of the city water department.
The water department may refuse to turn on the
city water to any premises where a bill is in dis-
pute or unpaid or where, if applicant is a tenant,
the required deposit has not been made.
(Code 1976, ~ 36.99)
Sec. 44-129. Closing-of accounts.
Own'ers or consumers desiring to discontinue
the use of water shall give notice to the city water
division. The meter will be read and a fmal bill
computed. If the customer is transferring within
the system, the tmal balance will be transferred
to the customer's new account, and will be subject
to the normal collection procedures for active ac-
counts. If the customer is discontinuing service on
the city water system, the final bill will be ren-
dered to the customer and will be subject to the
normal collection procedure for fmal bills.
(Code 1976, 9 36-100)
Sec. 44-130. Use of IU'e hydrants restricted.
No person, except members of the fire depart-
ment, street and sewer departments, or employees
Supp. No. 16
2834.4
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