Flooded Home Is A Legal Mess
In 1998 Irene Kutz had a home built, on Schneider Street NW in North Canton, by Gregory Grisez. She paid an additional $1,800 so her yard would drain well and there would be no standing water. Today, Kutz is sitting in the middle of what Plain Township Law Director Eric Williams summed up as a legal mess.
Kutz breeds award-winning Kellcrest Shelties, a breed of Shetland sheepdog. “I made it well known to Greg Grisez that my yard had to drain well and have no sitting water because of the dogs,” she explained. Grisez added $1,800 to the selling price of the house for what Kutz described as, “an extra option which he included in the contract as "pipe ditch in backyard".
When contacted by The Observer-Reporter Grisez said, “That may or may not be true.” He added, “I don’t recall anyone saying anything about drainage problems. And I don’t recall as I built houses out there that there were any drainage problems.”
Grisez, owner of Distinguished Homes, noted, “As the builder of the original house, of course, I’m going to get involved. I will contact the county and see what can be done and see what my involvement should be.” The builder went on to say he would, “of course contact the homeowner.”
Two follow-up calls to Grisez by the Observer-Reporter received no response. A week later, Kutz said she had not been contacted by her builder.
Kutz first experienced flooding in August of 2000. She submitted a to drainage complaint form to the Stark County Commissioners. Said Kutz, “The first flood I had, people said this is a hundred year flood. It will never happen again.” Each year, she pointed out, it got worse.
The basement flooded five times between May, 2003 and June, 2006 according to Kutz. “The last letter I sent to the county in February, 2004,” she noted. “They responded in March and forwarded everything to Plain Township. I never heard from Plain Township. I didn’t even know they knew about it. They never contacted me,” she added.
Kutz said, “Stark County sent out their own inspector to my home in August, 2003. He told me personally that their inspector should have never approved the 18-inch drainage pipe. It’s too small. He told me he would put it on the top of the priority list of county drainage problem.”
C.T. Consultants of Willoughby is contracted by Stark County to do independent inspections of drainage problems. Robert Graham is a Project Manager who has worked with the company for six years. “He said the water problem at my house is due to a natural flow of water,” Kutz said of Graham. She added that he told her, “The ditch is not a dedicated ditch so the county has no responsibility.”
“I’ve been out many times to look at that property.” Graham told The Observer-Reporter.
Later in the interview he said, “I think that’s an issue Plain Township is looking at. It’s not something I’m dealing with,” He added, “It’s a matter that the Plain Township Trustees are looking into. It’s not a named county ditch. Out scope of responsibility is to look at named county ditches.”
“I had a personal meeting with Todd Bosley, the newly elected Stark County commissioner, in December, 2006 before he took office,” said Kutz. “At that time, I gave him copies of all my correspondence and pictures. He said he would do what he could when he took office.” Since then, Kutz said, she has spoken to Bosley several times on the telephone. “He told me there was a possibility that the county and township could work together to solve the problem,” noted Kutz.
“The first time I approached Plain Township was at the Board of Trustees meeting in December, 2006,” Kutz pointed out. “They said they would check into it.”
In April of this year Kutz came to another meeting. “When I went to the meeting in April I asked for them to maintain the ditch (in my neighbor’s yard) and keep it clear,” explained Kutz. “The water drains into that ditch, then into an 18-inch pipe that runs under my property, though my backyard. The water overflows from the ditch and comes into my yard. I’ve been paying to have that ditch cleaned for the last 3 years” The trustees requested a study by M-E Companies.
Bosley told The Observer-Reporter it was a call from him that prompted Plain Township to order the study by M-E Companies.
Michael Rekstis presented the findings of M-E Company’s study at the May Plain Township Board of Trustees meeting. Rekstis identified an area of approximately 77 acres. “An 18-inch culvert (behind Kutz’s property) is what drains this entire area,” he said.
“M-E determined it’s not a county ditch. That doesn’t mean that the county can’t get involved,” said Bosley. “That’s why we’re working with Plain Township to get this solved. Maybe they can contribute part of the money and we can get solved.”
“It’s not a dedicated county ditch and it’s not a dedicated flood plane. That is it’s not covered by FEMA,” pointed out Gary Conner, a Hydraulics Engineer with the Stark County Engineer’s Office.
“There are, I believe some wetland areas there. Some of the people in that area, I believe, bought property and built houses quite close to those wetland areas. I don’t think it was part of any subdivision either. I think these houses were probably placed quite close to the wetlands. There was no drainage review of these lots,” explained Conner.
Kutz pointed out, “I also had to take out flood insurance; it’s over $400 a year. I’m paying almost a thousand dollars each of the last four three years to take care of this problem I didn’t have anything to do with.” She added, “The bottom line is this, when I bought property I was told this was not a flood plane area. My neighbors were told that too.”
Plain Township made no move at the May meeting to solve the flooding problem on Schneider Street NW. In fact, Law Director Eric Williams said, “We didn’t create this problem. Once we do anything I believe we open ourselves up to liability.”
In a follow-up interview with The Observer-Reporter Williams stated, “We need to be real careful before we go charging in to fix a problem we didn’t create. I feel badly for the property owner, but that’s basically where we stand.”
Williams concluded, “It seems to me from what we’ve looked at so far that this is a private property problem not a township property problem.”
Lou Giavasis, President of the Plain Township Board of Trustees told The Observer-Reporter, “I don’t know how much money the county is going to be willing to spend to fix this problem.”
Giavasis emphasized, “There are some legal ramifications. If we go and start working on that ditch line we assume responsibility for that ditch permanently. A this point it’s strictly between her, the county and the builder.”
“It’s a tough spot she’s in,” said the Stark County Commissioner. “This story plays over and over every day. That’s why we have to move toward a solution. It’s a funding solution and we have to solve it.”
Giavasis said, “I believe the county dropped the ball on this one.”
Kutz said, “I think the county and the township should be equally involved in this. I think the county and the township are equally responsible.” She asked, “If you can’t rely on your elected officials to do something where do you go from there?”
Written May 22, 2007