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Board readies enforcement letter after finding incorrect property disclosure; considers dye tests, GPR to verify connections
Summary
The board directed staff to send a letter and gather documentation after discovering at least one property’s disclosure was incorrect; members discussed technical verification (dye tests, ground-penetrating radar), title company responsibility, and potential requirement that new owners connect to the sewer.
Board members discussed unresolved property connections and possible enforcement steps after staff reported inconsistencies in property disclosure forms and physical connection status.
Staff updated the board on a cluster of properties tied to a party referred to as Merrill; counsel for those owners requested the district’s connection procedures, which the district supplied. For one property (identified in discussion as "Hess"), staff said test results and records indicate the property is not connected as claimed and that the owner’s disclosure form appears incorrect. A board member (Speaker 6) stated on the record: "He lied on his disclosure form." The board discussed sending a formal letter to the property owner and making clear that required connections (the district said owners were put on notice in 2012) must be completed.
Board members also discussed technical means to confirm whether structures are connected to the district system, including dye testing, excavation, and using ground-penetrating radar (GPR). Staff said the district can run GPR and perform dye tests when personnel and equipment are available but that scheduling and staffing may cause short delays. The board asked staff to assemble supporting records of prior notices and mailings (address-level mail merge and mailing-label evidence) to document attempts at notice and to support potential enforcement actions.
Members discussed whether to force a new owner to connect and noted that, if the district requires connection, the new owner could pursue recourse against title companies or prior sellers; the board agreed to proceed with a formal letter to the owner and continue to gather evidence that notice was issued.
Next steps: staff will collate prior mailings and notices, send a formal enforcement/notification letter to the property owner(s) as directed, and report back to the board with technical verification options and cost estimates for any required excavation/testing work.
