Property owner sues Coaldale over damages to his basement
A property owner has started a civil suit against Coaldale Borough to pay for damages caused to his property by allegedly failing to timely respond and repair damages to a sewer line near his property.
The action was started by Lucky Zavitsky, 35 W. Ruddle St., who is seeking damages of $20,492.06.
According to the suit, Zavitsky began experiencing the problem on Sept. 22, 2011, when he noticed that there was gray water gushing out of the back of his residence. He called 9-1-1 to report the problem.
Both the local fire department and borough investigated and told him nothing was wrong with the utility pipes around his home and blamed the gushing water caused by excessive rain water which had nowhere else to go.
Zavitsky claims on Nov. 11, 2011, the same problem occurred and the fire department again was called out this time to pump the water from his basement. Brian Erbe, representing the borough, checked out the area and advised him that there were no problem with the sewer lines.
However, in January and February of last year Zavitsky claims his basement was continuously filled up with water and sewage and he again notified the borough of the problem he was experiencing. He claims the continuous problem forced he and his fiance to move out of the home and despite repeated appeals to the borough no action was taken to find a solution to the problem.
Finally, on March 5, Zavitsky states Kenny Hankil, the borough manager, agreed to test the utilities in the streets surrounding his property and the suit claims the tests revealed that there was a significant blockage of the sewer lines just past his home. The lines are owned and maintained by the borough.
After discovering the problem the borough took action and removed the blockage and since their action no further water or sewer problems have been experienced at his property. However, he had to replace the cement cellar floor and certain personal property located in the basement which were damaged or destroyed by the flooding. He is seeking compensation for expenses incurred.