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City of Ann Arbor SSWWEP - Citizens Advisory Committee Coordination — City of Ann Arbor

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2.45 -C- Is there a private property issue that would make the FDD program illegal?

Posted by Lori Byron on 21 Dec, 2013
Category: Category 2 - about potential recommendations

Frank Burdick’s Log Number: 5c, 11
Submitted by: Burdick log
Category (1,2,3): 2
Status: Closed
Estimated date to address: N/A

Q. The initial SSOE CAC report listed concerns of the CAC on the legality of entering private property to install sump pumps. These concerns, and other legal concerns, have recently been submitted to the City. Has the current Rebuttal as submitted by an Ann Arbor resident, reviewed by the current SWWE CAC, been reviewed by the City Attorney?  If so, is the FDD program still considered to have legal backing to proceed? 

Q. Does the City have legal authority to continue with the FDD program? Is there a private property issue that would make the FDD program illegal? 

A. Yes, the FDD program is legal. Private property issues do not apply to this situation, as the sump pump installation belongs to the homeowner, not the City or a commercial operation. 

Comments

Frank Burdick on 13 Jan, 2014:

A current member of the SSWEP CAC was also a member of the SSOE Task force in 2000 and 2001.  What insight can this member bring to this issue? What were the legal concerns as referenced in the SSOE  report?

Frank Burdick on 13 Jan, 2014:

The SSOE report, Section Q, portrays an Implementation Plan Flow Chart for implementation of the FDD program  The first "box" or step in the process states, "Create legal framework for Footing Drain Disconnection (FDD) Program."  During A. Elias presentaion at the 9Jan14 CAC meeting, the CAC was told that the the City created a "Law" or Ordinance at that time in order create the legal framework. What were the actual legal precendents, and court cases utilized to create the new Ordinance?