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Ross council confirms town’s abatement costs for 61 Shady Lane; vote 3–1
Summary
Council confirmed costs to abate a sinkhole at 61 Shady Lane after a months‑long dispute over responsibility and causation. The confirmation orders the special assessment as allowed under municipal code; the council vote was 3–1 with Councilmember Salter opposed.
The Ross Town Council on April 3 confirmed town‑incurred costs to abate a sinkhole at 61 Shady Lane and directed staff to record a special assessment to recover those costs.
Public works director Rich Simonich presented an itemized expense report documenting town time and contractor invoices for the abatement work the town performed in October 2024 after a court granted the town an abatement order. Simonich said most costs were for staff time and emergency contractor work to stabilize a large void created by soil loss beneath the roadway and adjacent sidewalk area.
Why it matters: The property owner has contested responsibility and argued the sinkhole was caused by leaks or abandoned sanitary sewers outside the owner’s control. Expert witnesses for the property owner told the council they believed the sanitary district’s lines or other underground infrastructure likely caused the void. Those causation questions are part of parallel civil litigation and are not before the council in the cost confirmation hearing.
At the hearing, the property owner’s representatives presented a geotechnical engineer who described tunnels and voids that he said pointed to sewer pipe failure and said the town’s emergency placement of concrete did not fully fill the void. The property owner’s counsel asserted the sanitary district should be the responsible party and said the owners had not yet filed a claim against the district.
Town counsel Ben and staff stressed that the council’s role at this hearing was limited to confirming the reasonableness of the town’s abatement costs, not determining causation. After discussion, a motion to adopt the draft resolution confirming the costs passed 3–1 (Councilmember Salter opposed). The motion directs staff to record a special assessment for the abatement costs against the property in accordance with Ross Municipal Code and state law.
What the council decided: The confirmed expense report (included in the staff packet) excludes attorney fees and includes the latest contractor invoice. Councilmembers who supported confirmation said the town acted to eliminate a public hazard and the costs were reasonable for the emergency response. Councilmember Salter voted no and expressed concern about assigning the costs while causation and potential third‑party liability (the sanitary district) may ultimately be unresolved in court.
Next steps: Staff will record the special assessment for collection. Separately, the property owner retains civil remedies and was advised by the court to pursue claims against any third parties (including the sanitary district) if they believe the district caused the sinkhole.
