Utilities Board sues Kopf for $379K in sewer fees

AVON LAKE

Unpaid sewer fees have sparked a legal fight between Avon Lake Regional Water and a developer in the city.

On March 10, the Avon Lake Board of Municipal Utilities filed a legal complaint against Kopf Construction Corp. seeking payment of $379,600 for sanitary sewer and inspection fees in the Aqua Marine development.

“Since 2016, the Board has been actively working to collect the owed fees. However, satisfactory arrangements with Kopf Construction Corporation has not been forthcoming and now legal action has become necessary,” said a statement from Board Chairman John Dzwonczyk and members Tony Abram, Randy Phillips, Tim Rush and Dana Schnabel.

Kopf Construction President H.R. “Bucky” Kopf said he believed the dispute was settled.

Kopf said he had not yet seen any legal documents in the case and he did not discuss details on the issue.

“I thought that was resolved, to be honest with you,” he said. “It’s a lawsuit, they should be serving me.”

The Board also wants Kopf Construction to pay sanitary sewer and inspection fees for future development within Aqua Marine.

New units are planned and anticipated fees could reach almost $240,000, according to the Utilities Board.

The Utilities Board members argued their authority stems from a 1984 city ordinance that created “a fee charge on all unimproved real property for completion of the Avon Lake sanitary trunk system.”

Under the ordinance, the Utilities Board shall collect the fees.

“The Board has a fiduciary responsibility to the ratepayers of Avon Lake Regional Water to ensure all owed fees are collected,” the Utilities Board statement said. “This complaint takes action for collection of these owed fees.”

The Avon Lake Board of Municipal Utilities establishes policy and oversees the water and wastewater treatment operations of Avon Lake Regional Water.

The Utilities Board is an independent board composed of five members elected by Avon Lake citizens to serve four-year terms.

The Board functions independently of Avon Lake City Council, but cooperates with the Council and city on major projects, such as combined sewer separations.