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Our malfunctioning sewage system (continued)

Take necessary action

The LHO and the LPI agreed it would be necessary to re-visit the property and talk to the homeowner because the 10 days had elapsed with no action.

  • During their visit, the LHO and LPI saw sewage coming out from the top of the septic tank with the effluent running down the back slope behind the house.
  • The LHO noted there were three neighbor homes located within the radius of the influence of the malfunction – and that all three properties had drilled wells.

The owner was at home and the LHO introduced himself as well as the LPI. The options in the law were explained to the owner

  • The City can file a civil action in District Court, in which case the costs, including reasonable attorney fees would be borne by the owner, or
  • The City can assess a special tax (essentially a lien) against the land on which the subsurface disposal system is located for the amount of the expenses, and the amount would be placed in the next annual warrant for the city tax collector to collect with accrued interest.

The owner says he is not paying anything and asks the two to leave his property.

 

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