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Resident seeks city help after neighborgrading raises yard and traps stormwater; city attorney says dispute is primarily civil
Summary
A homeowner complained that a neighbor's raised grade is trapping stormwater in his backyard and said code enforcement has not resolved the issue; the city attorney explained the municipality's limited legal remedies and suggested staff can document conditions and serve as witnesses in civil actions.
Charles Friedrichs, who lives at 1109 East Rosemont Place, told the Andover City Council that a neighbor had raised their lot and created a dam that traps stormwater on his property, causing standing water near his foundation.
"We had a really dry couple of years from '21 to '23, but the problem has come back, and the neighbor continues to raise their lot," Friedrichs said. He told council members he had raised part of his own yard about a foot in 2020 to cope with the change, that the finished grades do not match the approved design, and that a 20-by-25 area can hold about 1,000 gallons of water.
Friedrichs said he had repeatedly asked the city for help over the past six years, that code enforcement and other staff had visited, and that the home's homeowners association also had not resolved the matter. He said he had retained private counsel and asked the council to take action.
City Attorney J.D. Klaus described how municipal authority typically applies in residential stormwater disputes. Klaus said the city requires developers to build drainage to a certified plan before issuing certificates of occupancy, but when private property owners alter their lots without permits, "there's very little the city can do about that. This is a civil matter." He said the city's stormwater ordinance focuses on water quality rather than individual quantity disputes.
"If you are adversely affected by another property owner's actions, you need to address it with that property owner," Klaus said, adding that homeowners associations can act where owners have agreed by contract to standards. Klaus said the city can assist by investigating and documenting conditions and, if necessary, serving as a witness in a civil suit, but that the city has limited direct enforcement authority unless a public right-of-way or public infrastructure is affected.
Council members said staff would follow up and collect the photos Friedrichs provided. Friedrichs said he has documentation showing some finished grades were built a foot and a half higher than designed and that he would provide images to staff at the meeting.
No regulatory enforcement action or new ordinance was adopted at the meeting; council members discussed options for follow-up and directed staff to coordinate communication among the homeowner, code enforcement, and the city attorney's office.
