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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. Q cpa CY-c- rn M. 0 -0 r cc C c(1) rn CD > Q - rn 0 w 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): tc3e:x o-t /375 ►f. ►h 4oe.;��,..16�E 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.) .}- p ;,� c+urri� � ��� E1 G, Y1e_ Gt..� ; v0 pr \ at • e_eJ C ;S-) Kr; tie ,e. 11.) c) L d ►b - b c) - k.. ■ v\ -f ? c -r e c:" v - c - - , , 8. What were weather condition s like? W ox 1,1,\ l� b 0 .S t.c.h i 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? COSt +5 °t diSl - L1Jt rLv Lc4.40 4-0 re n o - vr■ J i evn - rreme-1 I- e,5; e' in 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.) it 1 (.ti 4„5 <4. �(3l irvL t 15. What amount do you claim from the City of Dubuque? 16. Why do you claim the City of Dubuque is responsible? Cifktr. v..cc '1-ke. itti 5eic) rr fJi'. utie_ we_rr �IId�Lci -+11e- e_c e - ( e� OF e' S��wAA- ;JO J1 cI +keve ,,>rL5 r hL.7r%_ riv Met, n c�Vct kcw 4c -Star r pvoC--c S 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 4.. V 11 Vii >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. { �f ( (n�'�(.�nl1 LA.-1'1 A t d HOW DO I...? SERVICE REQUEST NOTIFY ME CONTACT US Emergency Notification System Dubuque, IA - Official Website - Sanitary Sewer Collection THE CITY OF DUBU http:// www. cityofdubuque .org/index.aspx ?nid =992 Search the site CITY SERVICES GOVERNMENT OUR COMMUNITY INITIATIVES AND PARTNERSHIPS SUSTAINABLE DUBUQUE Inflow and Infiltration (I & I) Program Select Language Powered by Go glc Translate 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. Site Map 1 Calendar 1 Privacy Policy 1 Accessibility 1 Linking Policy I Disclaimer 1 Copyright Notices I Powered by CivicPlus 1 of 1 5/23/2013 5:40 AM Dubuque, IA - Official Website - Public Works 1 of 1 http://www.cityofdubuque.org/indexaspx?nid=231 Search the site tr l CITY SERVICES ,a SUSTAINABLE )DUBUQUE HOW DO I...? SERVICE REQUEST NOTIFY ME CONTACT US • • • Emergency Notfrcalon System Curbside Collection Sewer Maintenance Street Maintenance Landfill Recycling CFLs Port of Dubuque Docking Schedule Staff Directory Select Language Powered by Go .:gle Translate 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 • Underground City electrical utility location • Port of Dubuque maintenance • Refuse collection • Recyclables collection • Yard waste collection • Large item pick -up service • Vehicle maintenance • Street and traffic signs 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. CALENDAR view all Sat, May 25 SnIhI Waste Collection for Monday_ Custometf FEATURED VIDEOS view all Interactive Snow Plow Map Glass Recydino Public Service Announcement End of Curbside Glass Collection 2* 1 Winter Yard Waste /Food Scrao Winter Streets 2008 QUICKLINKS view all Iowa DOT Traveler Information Snow and Ice Control Manual Site Map 1 Calendar 1 Privacy Policy I Accessibility 1 Linking Policy 1 Disclaimer 1 Copyright Notices 1 Powered by CivicPlus 5/23/2013 5:43 AM SERVICE REQUEST NOTIFY ME Dubuque, IA - Official Website - Sewer Maintenance THE CITY OF DUBU http://www.cityofdubuque.org/index.aspx?NID=242 Search the site CITY SERVICES OSUSIAINA 1E DUBUQUE HOW DO I...? CONTACT US Curbside Collection Sewer Maintenance Street Maintenance Landfill Recycling CFLs Port of Dubuque Docking Schedule Staff Directory Select Language Powered by t ;;Ic Translate GOVERNMENT OUR COMMUNITY INITIATIVES AND PARTNERSHIPS You are here: Home > Govenment> Departments I - Z> Public Works> Sewer Maintenance 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. Site Map I Calendar I Privacy Policy 1 Accessibility 1 Linking Policy 1 Disclaimer 1 Copyright Notices 1 Powered by CivicPlus 1 of 1 5/23/2013 5:44 AM 575 (JPEG Image, 520 x 520 pixels) http://www.cityofdubuque.org/DocumentCenter/HomeNiew/575 1 of 1 5/23/2013 5:42 AM 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: t LMI L ;,c C &� f i G�G.FrVi�e.S c.a� Position: 5eG(Jee 17.Other Crew Members: ?3'/i ke //,1 No No ('1 pk 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