Drainage pipe worries man
Tipp City officials have told him there is nothing they can do.
TIPP CITY —
James “Andy” Labosky wants the city to fix a deteriorating, decades-old drainage pipe located right below his Miles Avenue home, but he was told that “there is nothing they could do.”
Labosky made the discovery after finding a large crack in the dirt in the crawl space beneath his home. The metal pipe, which is 3 feet high and 5 feet wide, carries rainwater from neighborhood streets to the creek behind Labosky’s property. Dirt from beneath Labosky’s home is falling into the pipe and being carried away by rainwater, raising concerns that the pipe could collapse and seriously damage Labosky’s home.
“My concern is the condition of the pipe is very poor and Mr. Labosky’s foundation is beginning to settle over top of the pipe,” said David Winemiller, president of a local civil and structural engineering company.
When Labosky discovered the pipe and the potential for damage to his home, he contacted the Tipp City engineering department.
“Originally they offered to help, but then when I got back with them they said they had no ties to the property and there is nothing they could do,” Labosky said.
Labosky then hired Winemiller, who found that the pipe runs directly beneath the house and at one point lies only 2 ½ feet below the base of the foundation. The pipe likely was installed in the 1950s by the developer of the West Edge subdivision, and later the house was built above it.
County property maps do not show an easement for the pipe. Labosky said it was not disclosed by the seller when he bought his house in 2001.
Winemiller said construction of the home above the pipe should not have been allowed, since metal drain pipes have life spans of 50-to-70 years. He estimates the cost of repairing the pipe might exceed the value of the home, listed by the Miami County Auditor at $123,700.
When asked who should pay for repairs, Winemiller said, “That’s a good question. That needs to be resolved.”
Jon Crusey, City Manager of Tipp City, declined comment on the question of city liability and Labosky’s efforts to resolve the problem. He said Labosky’s decision to have an attorney represent him made the situation a legal issue, leading the city to decline comment.
No legal action has been sought by Labosky.
Winemiller said the city’s position apparently is that the pipe is the homeowner’s responsibility. Legal issues aside, Winemiller said eventually the problem will have to be dealt with by someone.
“What makes this situation dangerous is the size of the pipe and the condition of the pipe,” he said.
Heather Lauer, spokeswoman for the Ohio Environmental Protection Agency, said the agency does not have jurisdiction, even though it regulates storm-water drainage.
“There’s no doubt it is an unfortunate situation,” Lauer said.
Labosky’s appeals for help have gone to members of Congress, the Ohio Legislature and the city. All have said there is nothing they can do. He figures because the city allowed the developer to install the pipe and then built a home over it, the city should help him find a solution.
“I think the city ought to own up to their responsibilities,” Labosky said. “We put these people in office and pay the bills.”