Flood victims miffed at city

BOUNTIFUL — Residents of the Lakeview Condominiums whose below-ground-level homes were flooded Aug. 30 when a 6-inch city water pipe burst met with city officials Monday to learn what they would receive for the damage.

Most of the two dozen in attendance were not happy to hear City Manager Tom Hardy explain that the City Council considers the issue to be one of "no fault" since the pipe broke without being touched by an outside force.

However, the council is offering $2,500 to each condo owner, the same amount it offers to residents when sewer lines back up.

The broken waterline near the condominiums, 314 W. Center, was discovered by a police officer on patrol about 2 a.m. Police, fire and water department personnel responded immediately, Hardy said.

Residents expressed their concern that the water shut-off valve for the condos was buried under asphalt and hadn't been exposed since the city repaved the street two years earlier.

But Hardy said the valve wouldn't have made much, if any, difference since the street was filled with mud and water. He said city procedure is to first turn off other, nearby valves, then turn off the valve for the affected area.

Hardy explained the city's legal obligation under state law and the city's policy for handling such incidents. But residents repeatedly called for the City Council and the mayor to do "the moral thing" and make them whole. Those who spoke of their damage made it clear $2,500 is just a fraction of their losses.

Several residents said they had no insurance to cover losses. Hardy told them their options are to accept the city offer, file a claim with the city or file a lawsuit.

"You can file a claim with the city, but it's likely we'll reject it," he said. "Or you can file a lawsuit and let a court decide.

"Whichever you choose, we understand. We want to be as responsible as we can, but we can't write a blank check for damages. It's not our policy and it's not legal. We can't write a blank check on behalf of the 42,000 people in the city."

Jean Maughan of Kaysville, whose daughter Paige lives in the condos, said the city is forcing people to litigation and asked if it wouldn't be cheaper to pay for half of the damages. Hardy said the city isn't forcing anyone to sue.

"I understand what you're saying, but you have recourse," he said. "We won't feel badly if you sue us, and we'll pay what we are ordered to pay."