Appeal of Claim by Shirley Wiegand/Lisa LepschDubuque City Council .
50 West 3rd Street
Dubuque, Iowa 52001
Dear Council Members,
My name is Lisa Lepsch and I am writing on behalf of my mother, Shirley A. Wiegand.
Shirley resides at 1375 Kaufamnn Ave., Dubuque, Iowa 52001. The intent of this letter
is to appeal a denied claim filed against the City of Dubuque, for damages, loss of
property and decontamination & disinfection costs.
On April 8, 2013, I received a panicked phone call from my mother. She had returned
home to find the Dubuque City Sanitary Sewer System had backed up in her basement.
I called the Dubuque Sewer Maintenance Department and left a message. My phone
call was returned very promptly by a woman from the city department who was already
aware of the situation. She explained a passing motorist noticed the sewage spewing
from the manhole cover located a short distance from my mother's home and acted on
the situation. She also informed me the city sewer crew had already been to the site and
was in route, as we spoke, to have a sample from the site tested. She confirmed there
was a definite clog in the cities section of the system. In fact, her choice of words was
"in our end ". She then said the cities crew would be stopping by my mothers 1375
Kaufmann Ave. residence as soon as the sample was delivered. I was then told to call a
professional like Steamatic or Servpro to start the disinfecting process. The city
employee explained the insurance claim process and I was confidently assured the City
Of Dubuque would reimburse my mother for her property loss and damage expenses.
The City employee whom I spoke to had also mentioned her co- worker had spoken to
my obviously shaken mother, minutes earlier and she was given the same information.
I then contacted a family friend, Vern Motsch, and asked him to assist my mother with
the situation until I could get there. Shortly after his arrival at my mother's residence,
the city maintenance crew returned and was able to see first hand, the extent of the back
up.
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I arrived minutes after the city crew's departure, but was there for Steamatics initial
assessment. The Steamatic employee stated it was quite extensive and then made a
phone call to his boss to confer a plan of action. We were then given a rough price on
the decontamination -
We were greatly concerned to find the cost for Steamatics services would be between
$2,500.00 & $3,000.00.
Neither my $9.50 an hour wage nor my mom's social security income, allows us much
room to budget in this type of unexpected expense.
Mom voiced this concern to the Steamatic employee, who thought it might be possible
for them to be lenient in the payment process. After all, it had been confirmed by the
City of Dubuque Maintenance Department, the sewer line clog was no fault of our own,
so we just needed an extended grace period to process the claim and get this bill paid.
Steamatic was very helpful explaining the process and the dangers these situations hold.
That evening, the open area of the basement was cleaned by a single employee who
planned to return the next day with additional help to move and decontaminate some of
the larger non -pours items that could be salvaged and remove and discard all other
items that came in contact with the sewage. We inquired if it was possible for us to
inspect and remove as much as we could yet that night. We felt it was best to know the
many items that held special memories or meanings would only be discarded if it was
absolutely necessary and could not be safely decontaminated. We also were aware this
would help speed the process slightly and be more cost effective. After taking the
proper health safety precautions, we stared what would be a long, nauseating night. The
stench was overwhelming as soon as you opened the door to enter the house, but having
raw sewage cover your body as you remove your personal items from your home is
devastating. These were items that we worked hard for and could no longer possess.
We filled out the claim forms supplied to us by the city, made an itemized list of items
lost, and supplied as many of the items as possible in pictures. Our claim was then filed.
Within a day or two of the sewage back -up, the city maintenance department returned
to the site to erect a temporary "Area contamination" health warning sign (which has
now been replaced by permanent one) and to do some maintenance on the main line
where the clog was located.
Speaking to the city crew, we were informed that up to this point, the problem line had
not been on any kind of a regularly scheduled maintenance. Due to my mother's
misfortune, it is now on a twice yearly schedule
About the 4th of May, ICAP informed my mother her claim was denied." After careful
review of the situation," they stated, "we do not believe our member is at fault and
therefore, we must deny the claim." Her homeowner's insurance will not cover any of
expense because the City of Dubuque was at fault. My mother never received a copy of
any reports from either the ICAP or the Dubuque Public Works Manager stating the
reasoning behind the denial. When we contacted ICAP we were told the City of
Dubuque advised them not to pay the claim because this wasn't a problem area. There
had been no blockages there before. They also said the city stated when they received
the phone call making them aware of the problem; they promptly responded and
cleared the main line. Hearing this was very upsetting. We couldn't believe anyone
from the city would actually tell ICAP the claim should be denied. These were the same
people telling us how to recover some of the losses and now we're being told they are
actually the ones who are stopping the claim from being paid?
We decided to contact the Public Works Department and met with Mr. Klosterman. He
was able to confirm the facts I have just written to you. The blockage was in the main
line. This line was not regularly maintained and the fact the city did advise ICAP not to
pay the claim. We then received a copy of the city's work report.
Enclosed are copies of the original claim, itemized lists and pictures. There is also a
copy of the city's service report and several of The City of Dubuque's web pages. One
of these pages is the City of Dubuque's Public Works page. It states all the
responsibilities of the Public Works Department. One of which is; Sanitary Sewer
Maintenance. There is also a link on this page for Sewer Maintenance. This page states
the user fees fund the maintenance activities performed by the Public Works
Department, which my mother pays. It also points out that "In many instances, the
problem is in the private lateral that runs from the house/building to the city main."
This was not the case in this situation and is so stated on the City's work report.
This case may be marked "Closed" in your files, but every day we have to deal with
looking for an item and realizing it's gone because we had to discard it. Or receiving
another phone call from Steamatic wanting their bill paid. We have faith in our
government and city officials to do the right and fair thing. Please take the time to
review and deal with this matter fairly.
Thank you,
Lisa A Lepsch
C/O Shirley A Wiegand
1375 Kaufmann Ave.
Dubuque, Iowa 52001
(563) 590 -3135
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
This written report constitutes your claim against the City of Dubuque, Iowa. You
should complete this form in full and attach any additional information that
supports your claim.
The claim must be filed with the City Clerk at City Hall, 50 West 13th St.,
Dubuque, IA 52001. It will then be referred to the appropriate department for
investigation and to the City Attorney's Office. Once that investigation is
completed, a report and recommendation will be submitted to the City Council.
You will be provided with a copy of that report and recommendation.
The final decision on all claims is made by the City Council. No employee of the
City of Dubuque has the authority to make any representation to you as to
whether your claim will or will not be paid.
1. Name of Claimant:
2. Address: 1315 % vY1 C-n v\ A v } ,��J 016 L -1765
3. Telephone Number 563 - S 9 0 -- 31
4. Date of Incident: .S
5. Time of Incident: 3' v() p ►'Y\
A. Location of Incident (Be specific):
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7. Describe the accident or occurrence that caused injury or damage. (Give full
details upon which you base your claim. If a City employee was involved, give
the employee's name.) .}-
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8. What were weather
condition s like?
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9. Give name and add ess of any witnesses:
10. Did police investigate? (If so, give names of officers.)
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
12. Was any damage done to property? (If so, describe property and the extent
of damages. Attach estimates of damages or describe basis for ascertaining
extent of damage.)
13. What other damages do you claim, if any?
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14. Have you been compensated for any part or all of your claim by any
insurance company? (If so, give name and address of insurance company and
amount paid.)
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15. What amount do you claim from the City of Dubuque?
16. Why do you claim the City of Dubuque is responsible?
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17. Have you made any claim against anyone else for damages as a result of
this incident? (If yes, give name and address.)
18. If the answer to Question 17 is yes, have you received any payment from that
source, and if so, in what amount?
Dated thisrT7
day of % r,� : / , 20 / .
(Signature) i
(Print Name) ° �-,
De- humidifier
204.00
Boot tray
4.97
Mattress pads - 2
23.92
Futon & mattress
119.86
Coffee maker
17.88
Cat litter box
17.98
Misc. home decor
30.00
3 — thermos
53.94
Cookie sheet
4.50
Muffin tin
5.96
Glass set
9.97
Cooking pot
8.94
Corel dishes
26.97
Cutting board
6.97
Water picture
2.00
Coffee mugs
17.00
Small wooden table
15.00
Entertainment center
100.00
Clothes hamper
15.97
Chicago cutlery set
60.00
Tupper wear
19.86
Blender
15.00
2- rubbermaid drawers
26.94
Singer sewing machine
197.00
Coleman cooler
9.98
12 — towels
35.64
16 — washcloths
16.00
Wooden dining table & chair
100.00
67 — misc. canned goods
67.50
Wrapping paper, boxes, bags
20.00
2 — twin mattress sets
450.00
2 — rocker recliners
400.00
Swivel rocker
150.00
Misc. office supplies
30.00
10 foot by 5 foot carpet
45.00
8 foot by 4 foot carpet
25.00
Christmas tree — 6ft.
60.00
Kenwood stereo
100.00
2 pair tennis shoes
40.00
3 pair boots
60.00
Wooden snowman
30.00
Labor to remove destroyed items
200.00
Rug - 6 foot long
19.98
2 rugs — 3 foot long
8.98 each
= 18.97
Vent brush
6.98
Cat litter
14.77
electric snowman
29.99
Step ladder
18.97
Dog food
19.88
Dust mop
7.98
Broom & dust pan
6.97
Cat food
13.96
Baby bed
170.00
Potty chair
19.98
High chair
69.98
Pack —n- play
59.,98
Power mop
19.98
Wooden shoe rack
19.98
Satin queen comforter
74.96
Queen comforter
49.96
2 campchairs in bags
17.84
Childs blow up furniture
20.00
STEAMATIC,
��fg &.�nmord
office@dbqsteamatic.com
Dubuque Area Steamatic, Inc.
500 Huff St.
P.O. Box 1164
Dubuque, IA 52004 -1164
563 -556 -5821
BILL TO
Shirley Weigand
1375 Kaufmann Ave.
Dubuque, IA. 52001
DATE
INVOICE #
4/15/2013
324543
P.O. NO.
TERMS
DUE DATE
REP
TECH
Net 10 Days
4/25/2013
DR
ITEM
DESCRIPTION
SERVICE DATE
AMOUNT
30184 - Equip Water
30196 - Antimicrobial
30191- Materials /Supp...
30185 - Water
Clean up due to sewage back up:
Equipment Rental - 2 air movers @ 2 days
Anti- microbial application
PPE equipment
Labor
104.92
265.19
124.18
2,179.66
Total $2,673.95
Payments /Credits $o.00
Balance Due $2,673.95
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>AUTION!
f l e may be contaminated due
a tem ovary overflow ow from
sewer. Please stay clear
area a d avokil PSCa
contact as att may pose a inealltlini irk0
PRECAUCION!
Esta area puede estaar corder irk Ida
debido a un desbordartie nto
temporal de un alcantarrcllliad o
sanitario. Purr if ]voEr,, narrotengase
joi aiejado de la zonal y ev ate e' contacto
tisaco ya que puede suponer riesgo
para la salud.
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Dubuque, IA - Official Website - Sanitary Sewer Collection
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You are here: Home > Govemnent> Departments A - H> Engineerinq> Sanitary Sewer Collection
Sanitary Sewer Collection
About the Sanitary Sewer System
When you wash your hands, the "wastewater" that goes down the drain flows
through the interior plumbing, out of the house, and into a pipe called a sewer
lateral. Like the interior plumbing, the sewer lateral is owned by the private
property owner that it serves. The sewer lateral connects to the City
operated sanitary sewer main usually in the street.
The City of Dubuque has a separate sanitary sewer system so that
wastewater is collected in the sanitary sewer system and it is conveyed to
the City wastewater treatment facility operated by the City's Water
Resource Recovery Center. There it is treated and cleaned before it is
discharged into the Mississippi. Stormwater is collected by the stormwater
management system and conveyed and discharged directly into area creeks,
streams, and rivers - without treatment.
The City's wastewater collection and treatment system operates as a self- supporting enterprise fund which means
that it is funded with revenue from user fees. The user fees fund maintenance activities performed by the Public
Works Department, the treatment of the wastewater performed by the Water & Resource Recovery Center, and
the construction, reconstruction, and rehabilitation of the sanitary sewer collection system performed by the
Engineering Department. The collection system consists of over 300 miles of sewer and serves over 20,000
properties.
Report Backup
To report a backup, contact the Public Works Department at 563.589.4250. The Public Works Department will
inspect the city main. In many instances, the problem is in the private lateral that runs from the house /building to the
city main.
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GOVERNMENT OUR COMMUNITY
'I'M are here: Home > Govemment> Departments I - Z> Public Works
Public Works
INITIATIVES AND PARTNERSHIPS
Responsibilities
The Public Works Department is
responsible for
• Street maintenance
• Street cleaning
• Snow and ice control
• Storm sewer maintenance
• Sanitary sewer maintenance
• Riverfront maintenance
• Floodwall operations
• Street and traffic lighting
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utility location
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corazica
Don Vogt, Public Works
Director
Contact Us
925 Kerper Ct.
Dubuque, IA 52001
Phone: 563.589.4250
Fax: 563.589.4252
Hours
Monday - Friday
7:00 a.m. - 4:00 p.m.
The department also provides full administrative and operations staff
support to the Dubuque Metropolitan Area Solid Waste Agency for its landfill
operations, yard waste composting, household hazardous materials
management, electronic waste management, and solid waste management
education programs.
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GOVERNMENT OUR COMMUNITY INITIATIVES AND PARTNERSHIPS
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Sewer Maintenance
Goal
The goal of the Sewer Maintenance Activities is to provide a safe and clean environment by maintaining and repairing
the sanitary and storm sewer systems.
Reporting Problems
To report any sewer problems, call our office at 563.589.4250, or the Police Department's Communications Center at
563.589.4415.
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01. CaII received:
02. Arrived:
03. Name of Party:
04. Address /Phone:
CITY OF DUBUQUE
SEWER SERVICE REPORT
Date
Date tI % 13
i
w, Altel
2 t
Time
Time
30
05. City Main Clogged: Yes No
06. Has a sanitary sewer manhole overflow occurred? Yes No
Has a basement back -up occurred?
Yes No
If a sanitary sewer manhole overflow or basement back -up has occurred, see the back of this
sheet for notification instructions.
07. Private Service Clogged: Yes
08. Footage ran: /001
09.Address by MH ran from:
10. Cause of main cloggage: Roots Grease Debris buildup
11. Depth of sewage in basement: fo. inches
12.Apparent damage:
Furnace
Water Heater
Washer
Dryer
Freezer
Carpeting
Tile •
Clothes
Couch
Chair
TV
Stereo
Packed Boxes
Toys
Tools
Paneling
Other (Specify)
13. Was basement cleaned /disinfected by City Crew: Yes
14. Were occupants satisfied? Yes
15.Additional remarks: /4 "i0 re5 9., 4- A are,
-
' sit CA f\
16. Reported by:
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i
G�G.FrVi�e.S c.a�
Position: 5eG(Jee
17.Other Crew Members: ?3'/i ke //,1
No
No
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1
CITY OF DUBUQUE PUBLIC WORKS DEPARTMENT
Sanitary Sewer Maintenance Work Order
Date/Time: 4/8/2013 3:22:55 PM
Created by: Linda Locher
Caller Info Name: Shirley Weigand
Address:
Unit #:
Location:
L.
Work Reque t #:W052818- 040813
Phone: 563 -590 -3135
Work: Ext.
Cell:
1375 KAUFMANN AVE
Service Request Type: PW - Sewer Maintenance Sanitary
Sewer Maintenance Type: Clean Basements
Problem /Action Requested: She has back up in her basement from the City's sanitary sewer
blockage
Completed by:
(Ai Sc* BEGS -5ACi
Date Completed: 1,0%))-3