Loading...
HomeMy WebLinkAboutSUMMIT ESTATES Case# 80-403 DATE: TO: FROM: SUBJECT: The following case summary is provided for your information and review. If you have any questions, clarifying information, or comments regarding our determination or any other aspect of the case, please bring them to our attention so that we can incorporate them into this summary. 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 W (]~O IAIOSRSIV- G~OIAIGSnSNR