The Adobe Flash Player is required to view this multimedia interactive. Get it here.

Hamilton flooded with sewage damage claims

Doctors differ over weight loss surgery procedures
11:11 a.m.
Prepare a Black Friday game plan
11/22/09
Not in class? See you in court
11/22/09
First week's food drive donations set record
11/22/09
Ohio 10th fattest state, according to obesity report
11/22/09
> More headlines

Katherine Christen of Hamilton shows the basement of her Rossville District home, which was damaged by a sewage backup and cost more than $20,000 to clean and repair. She sought restitution from the city of Hamilton, but the city's insurance agent has denied the claim.

Staff photo by Samantha Grier Katherine Christen of Hamilton shows the basement of her Rossville District home, which was damaged by a sewage backup and cost more than $20,000 to clean and repair. She sought restitution from the city of Hamilton, but the city's insurance agent has denied the claim.

City’s insurance company says storm was an ‘act of nature.’

By Richard Wilson, Staff Writer Updated 12:12 PM Sunday, October 25, 2009

HAMILTON — A flooded basement was the last thing Keith and Katherine Christen expected when they bought their historic Rossville District home in 2003.

But despite its elevated location on South D Street, the Christens’ basement has flooded twice — not from rainwater runoff but from sewage that backed up into the home during heavy rains on June 25 and in March 2008.

The last time was “just a nightmare,” Katherine Christen said Wednesday, Oct. 21. “It was black sludge. Really total nastiness. It smelled bad.”

The Christens are among 160 residents whose claims for flood damage from the June 25 storm are being denied by Aegis, the city’s insurance agent. City officials say it is impossible to track how many of those claims involve flooding from the sewer system. The damages were caused by an “act of nature,” the insurance company claims — a “500-year storm” that brought an unusual amount of rain in a short amount of time.

“There are no guarantees in this business to prevent water in basements from a storm of the magnitude that occurred in June,” said City Engineer Rich Engle, who said planned upgrades to the aging wastewater infrastructure may “benefit” some areas where sewage flooding occurred.

160 residents denied help after sewage backup in basements

Cheryl Allen bought flooring materials for her basement. She was planning to turn it into a recreation area.

But those dreams for her Haven Avenue home were washed away after June 25. That night, a storm knocked out power throughout the city, dumped at least 5 inches of rain and left Allen’s basement, and many others, a smelly mess.

“I’ve been through a tornado, I’ve been in a hurricane, but nothing compares to this,” Allen said about her basement, which flooded with wastewater when the city’s sewer system backed up into her home.

Allen and others, including Kim Webb of Rutledge Court, Katherine Christen of South D Street and McKinley Avenue residents, have told their stories to Hamilton City Council and administrators and are demanding to know why the city is denying their claims for damage caused by the overflow.

Christen said she and her husband, Keith, thought it was a fluke when their basement flooded in March 2008 and didn’t file a claim with the city. But after the same thing happened in June, Christen said the two claims led their insurance company to conduct an investigation to determine whether the city is liable for the more than $25,000 in cleaning costs, damage and property losses.

“We just want it fixed,” said Christen, a Hamilton High School English teacher. “Right now, we couldn’t sell this house. Who would buy it knowing that it had sewage in the basement?”

As do Christen and Allen, Webb keeps her basement door shut. The licensed massage therapist said it had been a space used often by her children to play games. Restoring it will cost up to $30,000, said Webb, who said she’s been contacted by attorneys about filing a class-action lawsuit against the city.

Webb’s boyfriend, Charles Chaney, a master plumber, said there are only a few explanations for a sewer backup. A clog or break in a pipe, a cross connection with the stormwater system, or low-lying pipes that don’t flow properly, he said.

The city’s response

While City Council members appear sympathetic and have asked their own questions, the official response has not been reassuring.

City Council has directed City Manager Mark Brandenburger to hire an independent engineering firm to investigate and provide an outside opinion.

Brandenburger said he has contacted a firm in Chicago, but Aegis, the city’s insurance company, hasn’t agreed to allow such an investigation. Aegis has a say because they are handling the claims, Brandenburger said.

According to the city’s policy, the city is covered for up to $200,000 for any one occurrence. Aegis denied the claims because the “500-year storm” was an “act of nature.”

The storm knocked out power to the wastewater plant. When asked if that caused the backups, City Engineer Rich Engle said he didn’t believe it was a “major contributing factor.”

“We would have seen claims throughout the entire city if that was a major contributing factor,” he said.

All 12 homes on McKinley Avenue were flooded by sewage June 25. According to one resident, it happened at least twice before in 1996 and 1997, but the city paid those claims.

Brandenburger, who started working for the city in 1997, said the claims may have been paid because City Council or administrators felt morally responsible; or there were only a few claims.

Brandenburger has said that if the city pays the current claims, wastewater rates would have to be increased for every resident.

Engle said a project to install a larger pipe along McKinley Avenue may reduce the risk of flooding basements.

Engle said a sewage flow problem may exist underneath the South D Street and Millikin Street intersection, which is a junction point for storm and sewage water.

What caused other areas to flood with sewage is not known, he said.

Contact this reporter at (513) 820-2122 or rwilson@coxohio.com.

Share this article

ADD COMMENT

Comments feed

LMAO @ Fed Up's "Ohio State Insurance Commission of Ohio" good thing he added "Ohio" at the end in case they didn't realize what state he was referring to with the first word. Tell me Fed Up is the Ohio State Insurance Commission of Ohio anything like the Ohio Dept. of Insurance???

Mike
12:46 PM, 10/26/2009

REPORT ABUSE

As for Rob, he obviously doesn't know too much about insurance. I'm an insurance agent, and last year in Ohio when the hurricane hit, insurance companies paid out over $1.6 Billion is damages, roof damage, siding damage, etc. etc. etc. And "payuporshutup" due to all the recent back-up of sewers claims, the annual premiums for that coverage are up around $60-$75 per year now, and that ONLY covers back-up, not seepage due to over-saturated grounds.

Mike
12:41 PM, 10/26/2009

REPORT ABUSE

Rose:

Read the other reader's comments - they dont want to pay hundreds of extra dollars a year in sewage rates to keep 200 properties (out of 30,000)dry during a 500 year storm. Fix your property yourself or buy your own insurance.

NB
10:38 AM, 10/26/2009

REPORT ABUSE

Is anyone ready to file a class action law suit? I am fed up with the City's run around. This needs to be resolved. It is so obvious that this was not an "act of god". We pay our taxes and all we ask is that the City be fair and honest with us.

rose
10:14 AM, 10/26/2009

REPORT ABUSE

500 hundred year who are they are KIDDING!
When did anyone measure a five hundred year rain? It is funny that this event happened just over Hamilton! I now let’s feed people crap an tell them it is steak! When are people going to wake up and file complaints with the Ohio State Insurance Commission of Ohio? Enough people complaining will warrant an investigation.

Fed up
10:06 AM, 10/26/2009

REPORT ABUSE

There are 13 additional comments

SHOW ALL

We welcome your comments. Please remember this is a public forum and behave appropriately. Your comments must conform to our visitor's agreement.