Claim Response Oberhausen, John
BAR R Y A. L I N D A H L ,
CITY ATTORNEY
MEMO
To:
Mayor Roy D. Suol and
Members of the City Council
DATE:
August 31, 2006
RE:
Claim against the City of Dubuque by John Oberhausen
Claimant
Date of Claim
Date of Loss
Nature of Claim
John Oberhausen
08/21/06
08/18/06
Property Damage
This is a claim in which the claimant alleges that a City of Dubuque refuse employee
broke the axle and wheels off of the bottom of claimant's yard waste container.
According to the report of Paul Schultz, Solid Waste Management Supervisor, the
wheels fell off of the referenced container when the crew person picked up the container
during normal crew handling on August 18, 2006.
Mr. Schultz recommends approval of this claim as filed for $12.43. The Legal
Department concurs with this recommendation.
SAUls
cc: Michael C. Van Milligen, City Manager
Jeanne Schneider, City Clerk
Paul Schultz, Solid Waste Management Supervisor
John Oberhausen
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
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MEMORANDUM
August 31,2006
TO:
Barry A. Lindahl, Esq., Corporation Council
FROM:
Paul F. Schultz, Solid Waste Management Supervisor
SUBJECT:
Claim of John Oberhausen
The claim of $12.43 is approved as filed.
From my conversation with the senior yard waste crewperson, the wheels
fell off the referenced container when the crew person picked up the container in
normal crew handling on August 18, 2006. The senior crewperson alleged that
the wheels had fallen off that same container in the past in normal crew
handling.
City ordinance Section 40-18 (b) requires that containers used for solid
waste disposal must be "suitable" and "sturdy".
I would recommend the approval of the claim for $12.43 if the customer
would purchase and use a suitable higher quality container that is very sturdy.
The heavy-duty application of moving yard waste with heavy grass often over
uneven surfaces requires that wheels are attached in a strong manner.