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Residents urge city to force developer to fix drainage after yards were encroached
Summary
Homeowners on 1st Street told the council that Pulte built into their backyards, left drainage infrastructure they say they were later told to maintain, and warned of winter flooding; city staff said it identified the problem in March, issued a safety notice and will pursue administrative tools including stop‑work authority, permit withholding and occupancy limitations.
Several homeowners living along 1st Street told the Lincoln City Council on July 14 that grading and a retaining wall installed by developer Pulte have left a narrow gap between fences with a drainage pipe and rock that residents say now sits on their property and has been assigned to them for maintenance.
"They built it on our property, and now we're responsible for it," said Britney Dennis, who asked the council to order a stop‑work directive, levy steep fines and force Pulte to resolve individual homeowners' problems before continuing construction. "We're not priority number one. We're the last priority because they want to make money."
Why it matters: residents said the work changes historical drainage patterns and warned that when the rainy season starts their backyards could pool or flood. They said Pulte has at times trespassed and installed pipe and rock without homeowners' permission and that the company has denied responsibility in some exchanges.
City response and next steps: city staff told the council the issue was identified early. A staff member said a March 26 letter deemed the condition a public‑safety threat and notified Pulte of the city's expectations, including potential use of municipal code tools such as withholding permits. "We issued a letter on 03/26/2026. We deemed it a threat to public safety at that meeting," staff said. City staff said stop‑work authority was used early in the process to signal the seriousness of the problem.
Council members and staff characterized the site as complex: varying lot lines, differing backyard grades and a drainage function that may require house‑by‑house solutions rather than a single fix. City staff said they are working with Pulte's attorneys and with affected homeowners and will follow up with the neighborhood within a short timeframe. "If the community would give Doug and I 72 hours, we'll get some communication back to the community about what's happened," staff said.
What the city can do: staff outlined several enforcement tools: the city can withhold permits, pursue administrative code violations, and, when occupancy standards are not met, deny certificates of occupancy to prevent sales on substandard properties. Staff also said the city aims to convene regular check‑ins with homeowners and the developer to reach individually tailored solutions.
What residents asked for: homeowners urged an immediate stop‑work order and either steep fines or other legal pressure to force Pulte to address each impacted property. Several speakers said they would be willing to meet with city staff and the developer repeatedly until the issue is resolved.
Council direction: Mayor Pearl and others asked staff to compile a written summary of the facts and options within the week, update the homeowners and return with proposed legal steps. Staff committed to reporting back with recommended legal levers and to keep residents informed.
Ending: Council members thanked residents for elevating the issue and asked staff to provide a consolidated update and proposed next steps for possible action at a future meeting or by administrative determination.
