ROCK FALLS – A Galt Avenue resident spoke to the Public Works Committee on Thursday, asking for reimbursement from the city for damages caused by sewer backup.
Michael Hubbard, of 512 Galt Ave., made his appeal after the city’s claim made on his behalf was rejected by the insurance company.
Hubbard said his sewer backed up in February, ruining his water heater and causing black mold to grow in his basement. He said he also spent $40 to rent a snake in an attempt to open the drain.
“The city opened the manholes in the street and found huge tree roots growing in its system,” Hubbard said. “I had to buy a new water heater, and I would like to be reimbursed.”
City Clerk Eric Arduini said these types of claims are rejected under state tort immunity law, which basically says the municipality must have directly caused the problem.
“The insurance might cover this if we tore up the system with a backhoe, but we didn’t put the tree root in there,” Arduini said.
Mayor Bill Wescott asked if any other homeowners in the area filed a claim for sewer backup damage. He was told there were no others.
“This is an unfortunate situation, but we are not liable under the law unless the city was aware of the problem, or we caused it,” Wescott said.
The mayor said he has had a similar problem at his home, and although it might seem unfair, homeowners are responsible for most sewer issues, regardless of whether they originate on the resident’s property or under city streets.
“Sewer backup used to be part of homeowners’ insurance policies, but companies took it out,” Wescott said. “Riders are available to cover it, however, and they are inexpensive.”
Hubbard, with water heater receipt in hand, was not satisfied with the city’s response.
“Please keep the tree roots out of the main line,” he said, as he walked out of council chambers.
Two other residents, one on Avenue A, and the other on Fifth Avenue, had also asked to be placed on the agenda to talk about sewer backup problems. Neither showed up for the meeting.
In other Public Works matters, Sewer Department Superintendent Ed Cox said residents have until May 1 to sign up for special pricing on emerald ash borer tree treatments. Because the ash borer was found in Morrison last year, Whiteside County is under quarantine.
Residents are asked to contact Chris Sester of TruGreen at christophersester@trugreenmail.com, or at 815-405-5212 for more information about the treatments. Contact Cox at rockfalls.eab@gmail.com, or at 815-622-1125 for more information about the ash borer threat in the area.