Storm Drain

This is a discussion on Storm Drain within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; I have been fighting my local government on a storm drain that goes through my yard.(3 month) The storm drain ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Aug 10th, 2009, 10:05 PM   #1
Senior Member
 

CaboWabo's Avatar
 
Join Date: Aug 2009
Posts: 29

Default Storm Drain

I have been fighting my local government on a storm drain that goes through my yard.(3 month)

The storm drain stops at the back corner of my house, about 15 feet from the corner.

There is a 7 foot wide ditch there and all the road debri, as well as trash that people put in it has built up. It is obstructed by trash and the water can not drain properly.

The water is to drain down the channel to the back of the wood line(100 feet), or further into a creek, but it does not. Even if the trash and mounts of erosion that has built up was not there it could not drain. The down hill slope stops at about 50 feet. Basically it is not a continuess slope.
It is my property, but the city owns the easement, and will not fix it, and will not let me modify it. They have stopped me from putting up a fence, saying it has to be 10 feet from the center of the drain.

It smells sometime after a hard rain, it is a misquito breeding ground(west nile virus), snakes in and out of it, I recently tried cleaning it out, and was stung 17 times by yellow jackets. I called the fire dept. and they did a control burn to get the bees out of there. I dug the nest up and it was 17 in diameter hive.

There are 17 children in the 19 home subdivision, and most the time the kids play in my yard. They would crawl into the drain pipeand jump off the 3 foot head wall. I had to stop the kids from playing in my yard. I don't want a child to get hurt, and me be liable.

They city refuses to do anything. Our state health dept. said they couldn't do anything. The EPA said no.

How can i get this fixed, before a child gets hurt or sick. This is to me a health and saftey hazard.

I also believe they are violating there own laws/charter/code by not fixing it.

Ty. Sorry for being long winded, just wanna put as much info as possible for you.

Michael...
CaboWabo is offline   Reply With Quote
Sponsored Links
Forming an off-shore company? We can assist you in forming your company in 40 countries worldwide.
Old Aug 11th, 2009, 10:02 AM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Storm Drain

Have you spoken in detail with your city commissioner? He/she really should help you take this issue up.

Of course you could seek court action and request a judge to order these problems corrected since they are a danger and a nuisance, you could argue.

Maybe check if World Law could have a lawyer intervene as well if need be...
  Reply With Quote
Old Aug 11th, 2009, 12:41 PM   #3
Senior Member
 

CaboWabo's Avatar
 
Join Date: Aug 2009
Posts: 29

Default Re: Storm Drain

The city refuses to do anything. The county can not an will not do anything. The Dept of Health, for the state, and county won't do anything.

The excuse is they have no money. The estimated cost of full repair would be around $2000, according to our city planner.

I even offered to do the labor, if they supplied the pipe to continue running it to the wood edge line/creek, the concrete to make a new head wall if needed, and fill dirt do cover it back, and relandscape my yard. I have experience in that kind of work, just no longer insured.

Like i said, I am 99% sure this storm drain violates the ordinace/code/law.

I can not afford a lawyer, being i am out of work right now.

Ty.
Michael..

Last edited by CaboWabo; Aug 11th, 2009 at 05:20 PM.
CaboWabo is offline   Reply With Quote
Old Aug 11th, 2009, 09:03 PM   #4
Senior Member
 

CaboWabo's Avatar
 
Join Date: Aug 2009
Posts: 29

Default Re: Storm Drain

Any more advice, or am i S.O.L ?

Ty
CaboWabo is offline   Reply With Quote
Old Aug 12th, 2009, 10:34 AM   #5
Senior Member
 

CaboWabo's Avatar
 
Join Date: Aug 2009
Posts: 29

Default Re: Storm Drain

WoW, I figured someone here would be able to help..

Guess nobody knows much about storm drain and easement laws..
CaboWabo is offline   Reply With Quote
Old Aug 12th, 2009, 10:36 AM   #6
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Storm Drain

Did you speak personally with your city elected official--fro your district? They don't normally blow off their constituents.

But of course if it really matters file suit and get a court order; the cost will likely be around 2000 bucks if you use a lawyer and you should...
  Reply With Quote
Old Aug 12th, 2009, 10:44 AM   #7
Senior Member
 

CaboWabo's Avatar
 
Join Date: Aug 2009
Posts: 29

Default Re: Storm Drain

Like I said in a post, I have contacted every official in my city, county and some state officials. I have contacted The dept of health, and the EPA

I contacted the State governor, and some state judicial members, being that i think they are violating there own ordinace.

Nobody wants to help, or say they can not help. They say it is a local issue. Our 6 council members and mayor said no, they won't do anything.


I am out of work right now, and can't afford a lawyer. Thats why i am joining forums to see if i could find someone that could leed me to someone that can help.
CaboWabo is offline   Reply With Quote
Reply

Bookmark & Share

This thread has 6 replies and has been viewed 265 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
city storm drain Unregistered Neighbor Law 1 Aug 1st, 2009 04:52 PM
Sixteen Months of Rulings Down the Drain at the NLRB? WSJ_law_blog Law News 0 May 4th, 2009 02:40 PM
Storm water issues Hammer34 Other Real Estate Law Matters 1 Jul 11th, 2007 04:54 PM
Shared property line within storm drain Unregistered Construction & Renovation 2 Dec 30th, 2006 05:38 PM


Forming an off-shore company? We can assist you in forming your company in 40 countries worldwide.


All times are GMT -5. The time now is 09:08 AM.