02-06-2001 - Raymond W. Hurter VS. City of West CovinaCity of West Covina
MEMORANDUM.
A GENDA
TO: Daniel G. Hobbs, City Manager and City Council
ITEM NO. C-3c
FROM: Carol Fox, Director of
Personnel and Risk Management DATE February 6, 2001
SUBJECT: RAYMOND W. HURTER VS. CITY OF WEST COVINA
SUMMARY: On November 16, 2000, the City Clerk's Office received a claim for property
damage in the amount of $4,538.
BACKGROUND:
This claim arises from a sewer backup that occurred on November 28, 2000, at 921 S. Manzanita
Drive. The .claimant alleges that roots from a. City owned tree invaded the sewer lateral at his
residence. Claimant is seeking reimbursement for costs he incurred for replacement of the sewer
lateral, re -sodding the lawn, and replacing the plants and flowers in his front garden.
An investigation by the Public Services Department does not substantiate liability on the part of the
City. Pursuant to City Ordinance 2055, the homeowner is responsible for the maintenance of their
sewer lateral. The City is only responsible for costs when it can be verified that the blockage or
damage occurred due to roots from a City authorized and owned tree, and the blockage or damage
is located between the public mainline and the street right-of-way (within a public street and/or
parkway). Claimant has not provided any verification, as requested.
DISCUSSION:
A search of the Maintenance Department's records found that the City had no prior notice or
complaints regarding the sewer backup at claimant's residence. It should be noted that claimant did
not contact the City until after all work had been completed. Although there is a City owned
Magnolia tree at this location, claimant has not provided the City with any evidence, such as
photos, to support his claim that costs he incurred included work done within the right-of-way.
After a review of the investigation in this matter, staff and the City's claims administrator, Colen
and Lee, determined the City was not negligent and recommend denial.
As you are aware, since all claims should be considered potential lawsuits, it is requested that all
Councilmembers refrain from making specific public comments so as not to prejudice any claim.
Specific questions should be referred to the City Attorney.
RECOMMENDATION:
It is recommended that the claim of Raymond Hurter, filed on November 16, 2000, be denied and
the claimant be so notified.
t�
Carol Fox, Director o
Personnel and Risk Management