County authorizes legal action unless health department confirms septic repair at County Road 55

DeKalb County commissioners on June 9 authorized the county attorney to prepare suit to obtain a court order if a septic tank repair at 6064 County Road 55 is not completed and approved by the health department following a final written notice.

County staff told commissioners that neighbors had raised concerns about sewage leaking from a septic system. The county attorney reported that Seiler Excavating had agreed to install a tank and that the county had issued a written notice from the health department with a 10‑day deadline. If the health officer confirms the tank was installed and the health hazard addressed, staff said the county would not pursue litigation.

The county attorney explained legal steps: the county ordinance and state statute require a final written notice with a deadline before the county can seek an injunction; the county attorney files suit for an injunction (not the board of health attorney). Neighbors can also file suit but generally would shoulder their own attorney fees, the attorney said.

Commissioners voted to proceed with preparing the lawsuit and to authorize the county attorney to file if the health department does not confirm the septic repair within the notice period. The motion passed after discussion about inspecting the installation and the preference to enforce compliance without litigation if possible.

Discussion versus decision: commissioners sought confirmation that a final notice had been issued and asked whether the health department would inspect the installation. The formal action authorized preparation of a lawsuit to seek an injunction if the health department does not approve the repair after the deadline.

Implementation details: the county attorney will monitor the health department's inspection and proceed with filing only if the health department does not approve the corrected system; neighbors and county officials were informed of the enforcement timeline.