HomeMy WebLinkAboutSUMMIT ESTATES Case# 80-403
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CASE SUMMARY
Karla L. Forsythe In Date: 8-15-80 Close Date: 1L13~81
Investigator __
Category:
Administrative Services: Ri~k Management
Citizen's Concern: Citizen sought assistance determining status of claim.
Classification: Assist
Case Description: The citizen purchased his home in 1978. Prior to that time, th¢
Environmental Health Division inspected and approved a sep£ic system purportedly
located on the property. A problem with the system developed in 1979, and the citizen
filed a Notice of Claim against the Municipailty. Although liability was denied,
Les Buchholz indicated to the citizen that the Municipality had erred in the course
of its inspection. The citizen filed suit against the Municipality, but the Law
Department shows no record of service of the complaint. His attorney withdrew from'
the case, and the cit.izen requested assistance from this office.
The citizen was not aware that the Municipality had no record of service of the
complaint, so the Ombudsperson first researched and clarified the status of the
legal action. The Ombudsperson verified Mr. Buchholz's statements go the citizen.
The Ombudsperson then contacted Ed Walsh of Scott Wetzel Services.to determine why
the claim had been denied. Mr. Walsh reviewed the matter and gave a preliminary indication
that the cJaim had been denied in error, due to turnover in office staff. The file
was then forwarded to Harry S~6berg, Claims Administrator for the Municipality, who
also reviewed the matter. Mr. Sjoberg determined that the claim should be denied
pursuant to AS 09.65.070, which limits the liability of municipalltles in claims
based upon failure to inspect or to discover a violation. Mr. Sjoberg communicated
his opinion directly to the citFzen.
The citizen also requested assistance determining what action the Municipality had
taken during the inspection. The Ombudsperson reviewed relevant file documents at
the Health and Environmental Protection, Environmental Health Division. It appears that
the Divisioh approved the system based upon
January 13, 1981
Ed Hire
Page 2
system includ.~_~pt!~.;~.~a, nk, becaus an adequacy ~est indicated an adequate rat~
'6~'~T6~-~ocesses~ and because the purported, location of the tank met separation
distance~ requirements. However, the Division did not unearth the tank, although
because of the date of the house the Division had no records about the system. It
later appeared that' the purported location of the tank actually contains a log
crib, and that the property may not contain a tank, in violation of Municipal
standards.
The Municipality apparently erred by not conducting a sufficiently comprehensive
inspection. This does not warrant a conclusion that the Municipality should be
liable to ~he citizen, because of the representations of the seller and the
realtor, and because of the Alaska statute limiting liability.
The foregoing information was ~onveyed to the citizen, who indicated that he
might continue to pursue this matter with Mr. Sjoberg.
Basis for Determination: The citizen's concern was not investigated as a complaint
with a view toward making a determination of proper or improper conduct. Because
the concern was handled as a citizen request to clarify the status of his claim,
this case is closed as an ASSIST to the citizen.
CC:
Les Buchholz
Ken Norman
Harry Sjoberg
KARLA L. FORSYTHE
Assembly Ombudsperson
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