City denies reimbursement for sewage issue

By Dave Fidlin

Correspondent

Anna Bianco described it, simply, as one of the most awful experiences of her life.

While out running errands on a late November afternoon last year, Bianco received an unexpected, startling call from her fiancé, Victor Lefaive.

The couple, who live in a rented property in the 300 block of South Summit Street in Whitewater, incurred sewage backup in their basement. Bianco alleges the depth of the sewage was as high as 10 inches in some areas.

“It had gotten ridiculous,” Bianco wrote in a claim she, Lefaive and property owner Lorenda Cedars filed against the city. “We had a lot of furniture and items down there that got ruined.”

In their claim, Bianco, Lefaive and Cedars attempted unsuccessfully to obtain reimbursement for damaged and destroyed property, which carried an assessed value of $5,243.

The Common Council, which reviewed the claim, decided Jan. 19 to deny it at the recommendation of legal counsel.

While city staffers said they were sympathetic to the situation in written correspondence and during the most recent council meeting, they also were adamant Whitewater itself was not responsible for the damage incurred by the basement backup.

Legally, the city is only responsible to pay claims if it is aware an infrastructure-related problem exists and no action has been taken to correct it at the time an incident occurs.

Tim Reel, the city’s wastewater superintendent, said he was unaware of any problems leading to the sewer line serving the home Bianco and Lefaive live within. According to city records, Reel said that particular sewer line was last maintained a year-and-a-half ago.

Additionally, Reel pointed out the timing of the sewer backup, which occurred at a time of heavy rainfall throughout the city.

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