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Residents say raw sewage is flowing onto neighbors at Courtyards at New Seasons; council discusses options

Green City Council · August 27, 2024
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Multiple residents told the City of Green Council that sewage from a parcel on Maslin Road is running through a hand-dug trench onto neighboring yards, that Summit County Public Health found E. coli far above safe levels, and urged faster enforcement and financial assistance to connect to sewer.

Pam McCormick, a homeowner at 2010 Hawthorne Court, told the City of Green Council on Aug. 27 that effluent from a nearby property is running through a hand-dug trench into a storm drain and across several yards, presenting a health risk to residents, many of whom are age 55 or older.

"The E. coli levels that we mentioned last time are astronomical," McCormick said, presenting photos she said show visible effluent and a trench that channels wastewater toward a city stormwater inlet. She asked council to act before elderly neighbors become ill.

Ron Stout, another Courtyards resident, said he owns the parcel where the trench curves toward the drain and described intermittent but recurring foul odors and visible flow on weekends. He told the council Summit County Public Health had, in a May 1 letter, recorded test results of about 260,000 E. coli per 100 milliliters and had deemed the Carson property a public nuisance. "That property is still a public nuisance, and he's still flowing his raw sewage onto neighbors' property," Stout said.

Pat McCormick, who identified himself as a homeowner and CPA, described the technical details he and others had learned: the house at 4419 Maslin Road uses an evapotranspiration-style septic system that can fail in wet conditions, and residents reported hydrogen sulfide odors that may affect people with chronic lung disease. He said a soil-site evaluation referenced "sewer not available," which he interpreted as shorthand the evaluator used to indicate the cost of connection made tying in infeasible for that homeowner.

Council members and staff questioned the different cost estimates presented to the meeting. The transcript records quotes ranging from about $30,000 (a written quote that may not have been solicited directly by the homeowners) to $60,000–$65,000. Council asked whether county assistance programs or a city lien/assessment might cover the differential; staff said the family did not qualify for the county assistance program referenced and that the administration is exploring whether other options (including a city assessment or use of minor home repair funds) are available.

Mayor Yergan said the administration has retained outside counsel and is communicating with Summit County Public Health; the mayor added he is pressing the county to move its processes promptly but said the city’s legal review is determining whether the city can take unilateral enforcement action.

Council members pressed staff on interim measures, such as ordering the homeowner to stop the flow, filling the trench, or declaring the dwelling uninhabitable while the hazard exists. Staff and the administration said the health department has primary enforcement authority, but the city’s property-maintenance code and potential civil remedies are under review by in-house and outside counsel.

What happens next: the administration said outside legal counsel is reviewing facts and options and will advise the city on whether it can use property-maintenance code, an assessment, or other measures; the council requested follow-up on the $30,000 quote and on any timeline from counsel.

Quotes in this article are attributed to speakers who identified themselves in the meeting record: Pam McCormick, Ron Stout and Pat McCormick. Other quotes or claims recorded by the clerk (e.g., roll-call votes or committee actions) are reported without additional attribution when a speaker was not identified in the public-comment exchanges.

Ending: The council did not take a formal vote on a remedy during the meeting; the administration said the legal review is ongoing and that staff will report back when counsel provides specific recommendations.