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HomeMy WebLinkAbout1545 South Locust Grove Tonya GossageVIA CERTIFIED & REGULAR MAIL SAN CITYfNG1NEER Curtis and Tonya Gossage 1545 South Locust Grove Meridian, Idaho 83642 Re: Individual Waste Disposal System Dear Mr. and Mrs. Gossage: We represent and write on behalf of the' Central District Health Department. Central District Health Department is responsible for enforcing state and local laws and regulations regarding individual waste disposal systems. The Department is also responsible to protect the health and safety of the people and the environment of the state of Idaho regarding these systems. The property you own at 1545 S. Locust Grove in Meridian, Idaho, possesses a failing individual waste disposal system as defined by Department regulations and as reviewed by previous letters and discussions with Health Department personnel. The evidence that your system has failed includes numerous occasions since March 1996 where sewage was observed upon the surface of the ground. Since the city sewer system is reasonably accessible, you are obligated to connect to the system pursuant to the regulations. Therefore, demand is hereby made that you immediately take corrective action to cure your violation of the regulations. The Health Department expects that such action will include its receipt of a copy of your application for a permit from the City of Meridian for connection to its sewer system. If such action has not been initiated within fifteen (15) days from the date of this letter,. I have been instructed to commence legal action to abate the nuisance, comply with Health Department regulations, and to collect the statutory penalty for the violation. COPY E HAMLIN & SASSER,' P.A. - ATTORNEYS AT LAW - - - - - ROBERT G. HAMLIN 3100 S. VISTA AVE., .SUITE 200 MICHAEL SASSBR P.O. Box 16488 TELEPHONE (208) 344-8474 D DAVID SASKJ. BOISE IDAHO 83715 FAX 208 344-8479 PATRICK J. INGLIS IN E-MAIL: hamsass®c berhi hwa net Y S Y• , ROGER J. HALES KIRTLAN G. NAYLOR - KATHRYN T. LANGPIELD RONALD D. CHRISTIAN LISA BERTOCH - MAE R. HARRISONART MATTTT HEW R. November 19 1996 -` TIMOTHY D. WILSON �/ 11ATR(NA T. BATHER RECEIVED N 0 V 2 0 1996 VIA CERTIFIED & REGULAR MAIL SAN CITYfNG1NEER Curtis and Tonya Gossage 1545 South Locust Grove Meridian, Idaho 83642 Re: Individual Waste Disposal System Dear Mr. and Mrs. Gossage: We represent and write on behalf of the' Central District Health Department. Central District Health Department is responsible for enforcing state and local laws and regulations regarding individual waste disposal systems. The Department is also responsible to protect the health and safety of the people and the environment of the state of Idaho regarding these systems. The property you own at 1545 S. Locust Grove in Meridian, Idaho, possesses a failing individual waste disposal system as defined by Department regulations and as reviewed by previous letters and discussions with Health Department personnel. The evidence that your system has failed includes numerous occasions since March 1996 where sewage was observed upon the surface of the ground. Since the city sewer system is reasonably accessible, you are obligated to connect to the system pursuant to the regulations. Therefore, demand is hereby made that you immediately take corrective action to cure your violation of the regulations. The Health Department expects that such action will include its receipt of a copy of your application for a permit from the City of Meridian for connection to its sewer system. If such action has not been initiated within fifteen (15) days from the date of this letter,. I have been instructed to commence legal action to abate the nuisance, comply with Health Department regulations, and to collect the statutory penalty for the violation. COPY Curtis and Tonya Gossage November 19, 1996 Page 2 I suggest that you immediately contact Tom Schmalz of the Central District Health Department as soon as possible to inform him of the corrective actions you are taking. RJH:dr cc Tom Turco, Director of Environmental Health jiruce. A. Freckleton, Asst. City Engineer John Sutton, Attorney Certified No. P047 434 057 3276E"37.I30 Meridian City Council June 18, 1996 Page 61 Bentley's motion is that he wants if rewritten in that manner and then wants it submitted, the Council has authorized the Mayor to sign. Bentley: That is correct. Corrie: Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea (END OF TAPE) ITEM #15: REQUEST FOR HOOK UP TO SEWER BY CURTIS & TONYA GOSSAGE: Gossage: I don't know what information you have but Central District Health , do you have any letters from them? Corrie: No, all I have is your letter I guess. Gossage: Well they had, I guess they had drived by and saw that our drain field was failing. And then they wrote us a certified letter saying that they were requesting us to hook up to City sewer and gave us 30 days to hook up. They said we couldn't do anything with our drain field we had to hook up to City sewer. Corrie: So there is kinaudible) you are also requesting monthly payments to do that to take care of that, with your letter here or all at once? Gossage: Yes to make payments. Corrie: Does the Council have any questions? Rountree: I just need to get straight what went on with Central Health, in your letter you indicated that you had asked to fix your drain field and they said since the sewer is by your house that you must hook up. I am not sure that is necessarily appropriate on the part of Central District Health is it? Can they mandate that to either a private individual and or the City of Meridian. Crookston: I don't believe that they can, where is your property. Gossage: It is on the corner of South Locust Grove and Overland, the front of our house faces the back end of that R.V. Park. Meridian City Council June 18, 1996 Page 62 Morrow: I don't know if Central District Health can do it and get it away with it or not but in our industry they seem to do it plenty. Gossage: They had a hearing that I went to and they sat me down and told me that, they gave me 30 days. They had called, his last name is it Berg, Will somebody, you, they said to call him and come down and talk to him he would set up a payment plan. Berg: I said I couldn't hook you up you had to request that of the Council. Gossage: Yes, just this last week that you said that. They didn't tell me that I had to go through all of this to have this done. They told me they would have their attorney that represents them to file a suit against us or something if we didn't follow through with this. Crookston: Are you aware that the fees are double because you are not in the City? Gossage: Yes, no, we don't, we wanted to see if we could get our drain field fixed and they were telling us that we can't that we had to hook up to City sewer because we had a failed drain field. We had two estimates come out and say they can do something with the drain field. Crookston: I don't know what the procedures are of Central District Health I just wanted to let you know that the City does require double connection fees and some other double fees so that you are just aware of it. Morrow: Well if that is the case wouldn't it be in her benefit to be annexed in with her property to eliminate the double fees? Crookston: If that is what she desires. It would cut the connection and other fees in half. It is about a 3 months process. Tolsma: If she is outside the City limits of Meridian how can Central District Health tell her that we have to approve the hook up, if we deny the hook then she has (inaudible) fix the drain field. Crookston: That is correct. I don't think that Central District Health can tell us that we have to connect her if she applies. I think it is really a matter of trying to cooperate with everybody, Mrs. Gossage and Central District Health if we can. Morrow: Mr. Mayor, let me ask Gary, what is your experience here, with Central District health, do you have any experience here? Meridian City Council June 18, 1996 Page 63 Smith: Mr. Mayor and Councilmen, ("don't know that they have the authority to require the connection to the City system. It is our system not theirs and this property is not within the City limits. I have had experience with Central District Health when septic tanks have failed or drain fields have failed and it would be an economic hardship on the property owner to connect to the City system because they were far enough away perhaps that and wrote a letter to Central District Health stating that, that Central District then allowed the replacement of the system. Morrow: I think in her case she is indicating the hook up fee in her letter is $2400 and then $1000 to $1500 for the work to do that actual hook up that would represent then pretty much $3500 to $4000. That includes the double fee correct and so, I guess what I would like to see from at least my standpoint is that if they don't have, if Central District Health can't force them to hook up and their system can be fixed with an alternative drain field site or rehab of the one that they have for less then we ought to help in that manner. The other side of the coin is if that is not an available solution to the problem then I don't personally have a problem with the payment plan and getting them up and running whichever direction we have to go. I am not sure that I am liking Smith: The only thing that I have seen is the letter that Bruce Freckleton wrote to the Gossage's based on a telephone call that he had from Tom Schmalz at Central District Health. I don't know of any other correspondence that has taken place between Tom Schmalz and the City of Meridian requiring this connection be made. All he is saying is that according to the letter that Bruce Freckleton wrote is that there is a sewer line in Locust Grove Road in front of this property and there is one in Overland Road on the south side of Overland Road alongside of this property that is available for connection and that they want to connect it rather than replacement of the system. And I don't know the legal or the jurisdiction that Central District Health has, I bow to Wayne on that, I don't know what their powers are. Cr.�okston: I don't believe that they have power over the Caity to tell the City what to do. Bentley: Well why don't you call them up and tell them. - Smith: I think what they are trying to do is to get the sewage out of the ground out of the absorption field into our sewer system for treatment. I think they try to do that in every case that they can to get away from the nitrates that flow out of the septic tanks and into the drain fields and ultimately into the shallow ground water. Morrow: Let me ask you this, how much property do you own there, how big is the lot? Gossage: It is right around 2 acres. Meridian City Council June 18, 1996 Page 64 Morrow: There is plenty of room there for an alternate drain field site. (Inaudible) Gossage: No, we are right where the big trees are and then it is Robertson's kennels. Morrow: I think if I might Mr. Mayor to move along here that this is an issue that staff can handle and that the guidance that they would need from the Council would be that if it is not resolvable with Central District Health than it is okay with us for them to hook onto the sewer our sewer system and to arrange a payment schedule prior to that hook up, that is acceptable to both the City and the applicant. Bentley: Is that a motion? Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that staff determine whether they should be on the system or not and if so we will work out a payment schedule for you as they have so determined that, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Gossage: I have a question, is there someone I can meet with and maybe talk further with about this? Morrow: Well I think I would direct you to Public Works Director Smith. Smith: Are we talking about details of connection or are we talking about details of payment? Gossage: Connection. (Inaudible) ITEM #16: DEVELOPMENT AGREEMENT FOR TREASURE VALLEY WORSHIP CENTER: Corrie: You have the development agreement here, is there a representative here? �► CENTRAL i 0.0 "DISTRICT WHEALTH DEPARTMENT MAIN OFFICE - 707 N. ARMSTRONG PL. - BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-85CC To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 97-416 June 18, 1997 ;z Mr. Steve French 1109 Main Street Suite 500 Boise, Idaho 83702 Re: 1545 S. Locust Grove, Meridiani, Idaho. Dear Mr. French, Central District Health Department is advising you that the subsurface sewage disposal system for this residence has failed. This office is requiring that the home be connected to the Meridian City sewer system that is easily accessible with sewer lines in Locust Grove Road. I have included some correspondence for your review. You can contact me at 327-8528, if you need additional information. Sincerely, Tom Schmalz, EHS Senior Environmental Health -Specialist cc: Tom Turco, Director of Environmental Health Martin O. Jones, Supervisor of Environmental Health Will Berg, City of Meridian Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Roberts Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-3521 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 CENTRAL •• DISTRICT W,HEALTH' DEPARTMENT MAIN OFFICE a 707 N. ARMSTRONG PL • BOISE, ID 837040825 • (208) 375-5211 • FAX 327.8500 To prevent and that disease and disability, to promote healthy lifestyles; and to protect and promote the health and quality of our environment 96-1018 August 28, 1996 David Navarro Ada County Recorder 650 Main Street Boise, Idaho 83702 Re: 1545 S. Locust -Grove, Meridian,:' Idaho SEM SEX.. Section. 18* ..T3N : AiE•, • Ada County . Parcel # . 5111.8:4.49300 Dear Mr: Navarro: Central District Health is requesting. that -this: document. be recorded in the county records. The subsurface --sewage -disposal system -for 1545 S. Locust.-Grbve, -(SEAL SEU Section 18 T3N ]RIE) has failed and =the- residence. must be connected ,to.. the Meridian -City Sewer.System. Sewage effluent is di'sc'harging -on to- the' ground surface• which is a public health hazard,- and :violation of- Title 1, Chapter 3, Regulations for Individual/Subsurface Sewage•Disposal Systems. Sincerely, 1�7 A"'.Thomas E. schmal , • EHS ­ , Senior Environmental Health Specialist CC: Tom Turco, Director of Environmental Health Martin O. Jones, 'Supervisor of Environmental Health Curtis and Tonya Gossage Gary Smith, City oof Meridian Will Berg, City of Meridian ADA / BOU COUNTY OFFICE 707 N. Arms wg Place Boise, ID 83704-0825 Ph. 375-5211 Serving Valley, Elmore, Boise, and Ada Counties SM019 COUNTY OFFICE 520 E. 8th Sheet Nash Mounlah Home, ID 83647 Ph. 587-9225 I�1 VALLEY COUNTY OFFICE P.O. Boot 1448 McCal, ID 83638 Ph. 634-7194 WILLIAM G. BERG, JR., City Clark JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART; Water Worke Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI L. STILES, P 6 Z Administrator PATTY A. WOIF=KIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL' GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attomay June 11, 1996 Mr. Curtis Gossage 1545 S. Locust Grove Meridian, Idaho 83642 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Budding Department (208) 8&7-2211 Motor Vehicle/Drivers License (208) 8884443 Re: Sanitary sewer service to above address Dear Mr. Gossage, ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, Prealtiem RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P A Z COMMISSION JIM JOHNSON, Chaimman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY I was contacted today by Mr. Tom Schmalz of the Central District Health Department. Tom explained to me your situation with your current septic system. He asked me to convey to you the procedure for requesting connection to the City of Meridian's Municipal sewer system. Meridian City Ordinance requires City Council approval for all connections outside the Corporate City Limits. You will need to prepare a letter to the Meridian City Clerk requesting that you be put on the agenda for the June 18th, 1996 meeting of City Council. Your letter should explain in detail the situation that you are experiencing. I would also encourage you to attend the hearing to answer any questions that the Council may have for you. The assessment fees for connections outside the City are double what they would be if you were within the City, this equates to $ 2,740.00 in assessments that you will be charged. The City Council could also require you to connect to our Municipal water system. If this were the case, you would be responsible for additional $ 1,000.00 in water assessments. The City owns and maintains an 8 inch diameter sewer ..gain in Locust Grove Road and a 12inch diameter water main in Overland Road adjacent to your property. You will be responsible for hiring a contractor to extend your service lines to the City's systems. You would also be required to install a meter tile with all necessary hardware to accept the water meter. There is a $ 165.00 fee that the City collects for the water meter itself. - If you should have any questions, please don't hesitate to call our Public Works Director, Gary Smith at 887-2211. Sincerely, ce A. ckleton Assistant to City Engineer cc; Will Berg, Tom Schmalz, File WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS. Fire Chief W.L. 'BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Worics/Building Department (208) 887.2211 Motor VehickMrivers License (208) 8884443. ROBERT D. CORRIE Mayor June 25, 1996 Mr. & Mrs. Curtis Gossage 1545 S. Locust Grove Rd. Meridian, Idaho 83642 RE: CONNECTION TO CITY OF MERIDIAN SANITARY SEWER LINE. Dear Mr. & Mrs. Gossage: COUNCIL Matte WALT W. MORROW, pmWdm RONALD R. TOLBMA CHARLES M. WXWMEE GLENN R. BENT" P & 2 COMAMBSION JIM JOHNSON, Chakman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY I have been in telephone contact with Tom Schmalz of the Central District Health Department concerning their ability to require that you connect to the City of Meridian sanitary sewer system and -he informs me that they do have that ability, whether of not a property is within a city limit area, if a sanitary sewer line exists. To that end it appears that connection of your home to our sewer is required, and has been approved by the Meridian City Council. It is necessary for you to make arrangements with the City of Meridian City Clerk for payment of the assessment fees, as was also approved by the City Council. Mr. Schmalz indicated to me that time is of the essence since wastewater from your failed absorption field is on the ground surface and the time limits imposed by the Central District Health District for resolution of this problem have come and gone. Please contact City Clerk Will Berg as soon as possible to arrange payment of the assessment fees. Sincerely, Gary . Smith, PE City Engineer ,-�1� C' cc: Tom Schmalz Clerk Will Berg ;'