HomeMy WebLinkAbout03.e. Deny claim for damages submitted by Dennis BelilloCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS •
POSITION PAPER
Board Meeting Date: July 7, 2011
subject: DENY CLAIM FOR DAMAGES SUBMITTED BY DENNIS BELILLO
Submitted By: Initiating Dept. /Div.:
Shari Deutsch, Safety & Risk Administration, Safety & Risk
Management Administrator Management
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
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ISSUE: The District has received a claim for $5,500 in damages arising out of a
sewage overflow into the claimant's property
RECOMMENDATION: Deny the claim.
FINANCIAL IMPACTS: Denying the claim has no fiscal impact.
ALTERNATIVES /CONSIDERATIONS: The alternative is to accept the claim and
negotiate a settlement with the claimant.
BACKGROUND: On March 18, 2011 Roto Rooter cleaned the lateral of a home
located at 1315 Court Street in Martinez. In the course of that work, water and sewage
came out of the drains and toilet of the house at 1310 Pine Street. The owner of the
house on Pine Street filed a claim for reimbursement from the homeowner's insurance
on 1315 Court Street and then against Roto Rooter. Both claims were denied. In a
letter dated May 27, 2011, Roto Rooter advised the claimant that one of the two houses
was hooked up illegally and that the sanitary district or its contractor tied these two
houses together. Based on this information, Mr. Belillo submitted his claim to the
District.
Upon receipt of this claim, CSO televised the line to understand the connection
problem. They discovered that the lateral of 1315 Court street was not connected to
the main on Court Street. Rather, it connected to the lateral of 1310 Pine Street. As a
result, the flow from cleaning the Court Street lateral discharged into the house on Pine
Street. However, the District did not connect these two laterals and the District did not
cause the overflow. This is an issue between two homeowners since laterals are their
sole property and responsibility.
The Budget & Finance Committee reviewed this matter at its July 5, 2011 meeting.
RECOMMENDED BOARD ACTION: Deny the claim.