Re: Hse issues - Laserfiche WebLink

Home Browse Search

FREDRIKSON&BYRON,P.A. Attorneys and Advisor Thomas J. Barrett,Esq. 10 December 1998 Page 3 The second major problem area with the Ames' home is its failing septic system. The septic system was incorrectly installed,is undersized,does not meet City and State standards, and should never have been approved by the City. Not only did the City fail to require that a conforming system be installed,it took actions which caused further damage to the Ames. Perhaps most disturbing though, are the City's contradictory statements concerning the compliance of the septic system. In a letter to the Ames dated August 4, 1998 (attached as Exhibit D),Lyle Oman stated that"[m]ound septic does not meet code. Absorption width to be increased to meet code requirements." Mr. Oman reaffirmed this position in letters to Roger Olson dated September 2 and September 15, 1998 (attached as Exhibits E and B),in which Mr. Oman stated that the"mound septic system was not installed per the designer's plan and must be enlarged to meet City and State standards." Less than one month later, and without any real explanation,Mr. Oman changed his findings on the septic system. In a letter to Roger Olson dated October 12, 1998 (attached as Exhibit C),Mr. Oman states that the mound septic system "does appear to meet the minimum standards set forth in the Minnesota Rules, Chapter 7080 and the Orono Municipal Code." My clients are baffled by the City's change of heart on the compliance of their mound system with City and State standards, especially in light of independent inspections of the septic system which conclude that the septic system fails to meet City and State Standards. This change of heart typifies the City's continuing failure to ensure compliance with the Building Code,and its continuing lenience towards Roger Olson and RKO Homebuilders. In addition to the City's contradictory statements, continuing failure to ensure compliance with the Building Code, and lenience towards Mr. Olson and RKO Homebuilders,the City has also taken affirmative actions that exacerbated the problems with the mound system and caused damage to the Ames. After the Ames initially complained that the mound system was not functioning properly,the City ordered that fill material be added to the mound to soak up the effluent which was leaking from the mound and attempt to cover up major sand,rock and slope deficiencies. Lyle Oman and another City official, Steve Weckmann,were present during these repairs and gave instructions to H.L. Johnson concerning how the repairs were to be made. In compliance with these instructions,heavy equipment was driven on the mound during placement of the fill,causing additional damage to the septic system. Further,Mr. Oman and Mr. Weckmann knew that H.L.Johnson was not the contractor who had installed the septic system, and that this would likely void any warranty of the system. As a result of the City's actions concerning the mound system,the City is liable to the Ames. See Gilbert v.Billman Construction,Inc., 371 N.W.2d 542 (Minn. 1985)(municipality is liable for its affirmative acts which damage a private septic system). The Ames are entitled to removal and replacement of their failing septic system with a conforming system of their choice. The cost of such removal