Committee votes to withdraw home-seller inspection legislation; all homes subject to inspection beginning in March
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
The utilities committee of the Hillsboro City Council has voted to recommend the full council "withdraw from consideration" an ordinance that sought to require inspections of property at a point of sale regarding infiltration or overflows into the sanitary sewer lines.
However, Hillsboro Safety and Service Director Ralph Holt said inspections of properties in the city believed to be contributing to the overflows will begin in March.
The utilities committee met Friday at 5 p.m. in council chambers to discuss an ordinance proposed to council Feb. 14.
The proposed legislation stated that any property owners in the city of Hillsboro and any Hillsboro sewer customers shall obtain a certificate of compliance from the city prior to closing on the sale of a property. To obtain the certificate, a property owner must complete a questionnaire, available at the office of Hillsboro Public Utilities or online, and submit it 10 days prior to the anticipated sale. A fee could be established by the safety and service director to cover the costs of the program. Upon submission of the questionnaire, the city can conduct tests or investigations of the property "to ensure no possible infiltration and no possible overflows are present in the sewer lateral and the connections associated with the property." If such leaks or infiltration exist, the city will disclose the findings to the property owner, potential purchaser and any realtor involved, with recommendations for corrections. The owner will be responsible for making the corrections and then reapplying for a certificate of compliance.
Holt had told The Highland County Press that the city intended for the cost of the certificates to be "minimal" because they ultimately just wanted the problem corrected.
Area Realtors had expressed concern over the matter because Hillsboro Law Director Fred Beery said that the legislation could prevent the sale of some properties if a certificate is not obtained and if an infiltration problem is not corrected.
Council member Peter Pence, a real estate agent, told The Highland County Press that if the matter came before council he would vote against it, and that he asked the law director to check to make sure there would be no conflict of interest if he voted on the measure. Pence could not attend Friday's meeting due to work issues.
Utilities committee chairperson Dave Shoemaker opened the meeting by saying that he wished more people were in attendance so there could be open discussion because he knew area residents had concerns over the ordinance.
Josh Patton, president of the Highland County Board of Realtors, and vice president Robyn Coomer addressed the committee, saying they felt the ordinance unfairly targeted the real estate market, and that the ordinance would ultimately be inefficient in correcting the city's problem with the infiltration.
Shoemaker explained that the ordinance may have just been introduced Monday, but the city had intended for years to address infiltration issues, and at this stage in construction of the city's new wastewater treatment plant, "we've just now reached that next phase." Shoemaker said that since 2005, the city has been working to correct issues with sewer lines in the city under a directive from the Ohio Environmental Protection Agency.
Many homes in Hillsboro, Shoemaker and Holt said, have downspouts, pipes and runoffs that feed into the city's sanitary sewer system. Because the essentially clean rainwater is then processed at the wastewater treatment plant as sewerage, the city is treating hundreds of thousands of gallons more water than it needs to be.
"Each time we treat water that doesn't need to be treated, that costs us money," Shoemaker said.
Holt said the city is ahead on an ongoing project to repair crumbling sewer lines, primarily in the south side of the city, by going through the lines with a camera truck to find cracks, crumbling and missing areas of pipe. The city is ahead of the linear feet required by the EPA that they fix each year, but they will begin the camera work again next year.
The infiltration running into the sewer system, Shoemaker said, led to more than 25 overflows at the city's south lift sewer station. Since the sewer lines have been repaired in recent years, the overflows at that station have all but stopped, but now there are overflows at the treatment plant.
"We have on average 369,000 gallons of water treated at the treatment plant each month that really shouldn't be," Shoemaker said.
That figure is determined, he said, "By looking at the daily average of treated water that comes from the water treatment plant and the amount we are actually treating at the wastewater treatment plant. The difference is 369,000 [gallons]."
Patton said he doesn't doubt that there is an issue the city needs to correct regarding infiltration, but that targeting a homeowner at a point of sale is not the way to fix it.
"There's kind of a lot of loopholes," Patton said. "For one, it's a completely inefficient way to do that. There may be houses in a family for 50, 60, 70 years that this would never touch ... If it's as big a deal as the city and the EPA says it is, it could take 40, 50 years at the rate sales are at this point to even come close to doing what it's supposed to do."
Holt said that the city was trying to be fair by asking for a certificate at a point of sale because no matter where the city starts the inspections, people who live in that area will feel they are being unfairly targeted.
Shoemaker said that people seemed to be upset about the fee for the certificates and the inspections, and that the city had decided to not charge for certificates or inspections.
"I don't need the ordinance to do this," Holt said. "I can do this without the ordinance."
Holt said that when water department workers go out to read meters, starting in March, they will also be going to inspect for infiltration.
"There won't be a cost (to homeowners) because it will be a part of the job," Holt said.
"If it's a citywide issue, why is it not taken care of as a citywide issue?" Coomer asked.
"Because it's personal property," Holt said. "We're not responsible for your house. We're responsible for what comes off your house."
"But when you sell a house in today's market, you've got your house at the bottom line dollar that you can sell for," Coomer said. "My house appraised for $96,000 in 2006 and I can't get $59,900 out of it. Now I've got to cough up $2,000, $3,000, maybe $5,000 to dig up the pipes to fix the problem. Now, I still can't get $59,000 out of my house. I've got to come up with five grand. I don't have that kind of money. I'm not saying the city should bear the costs. I'm not saying that the owner should. But why is it that because I'm selling my house, I'm bearing the burden of the city and the problem the city has with this infiltration? This is not a home-seller's problem. This is a citywide issue. Why is it the home-seller's responsibility?"
Holt asked, "Then whose responsibility is it?"
Patton asked what the city's response was to a house that didn't sell for 50 years. Coomer said that the proposed ordinance could contribute to more homes going into foreclosure. Patton said he didn't understand why the real estate market was being targeted.
Holt said that he did not believe that the real estate market was being targeted, and that any homeowner who is among the first who will be told to fix the infiltration issue will feel they are being targeted.
"That's why if we go, if Randy Barr goes out with his people with the readers and we start checking those areas they read then ... we'll be checking everyone's house. No matter where you live."
Coomer asked if there was a way they could come up with a program so that homeowners could pay to have it fixed, either through having it assessed through their taxes or some form of payment plan so they didn't have to pay for it all at once.
"We're at 14-percent unemployment in Highland County," she said. "We're in a hardship position. We've got to do something to try to help these people to bear this."
Responding to a question asked by Coomer, Holt said the city had the capabilities to see which houses were contributing more to that. Coomer said those homeowners should be addressed first. Holt said the city would do away with the ordinance and proceed with inspections of all homes in the city.
Shoemaker said that a comment made by Patton regarding some houses that won't be up for sale for 50 years made him view the situation from a different perspective.
Parr made a motion that the committee recommend council withdraw the legislation, which was seconded by Shoemaker, and passed 2-0. Utilities committee member Brian was not in attendance.
Holt noted that home inspections will begin with meter readings starting in March.[[In-content Ad]]
However, Hillsboro Safety and Service Director Ralph Holt said inspections of properties in the city believed to be contributing to the overflows will begin in March.
The utilities committee met Friday at 5 p.m. in council chambers to discuss an ordinance proposed to council Feb. 14.
The proposed legislation stated that any property owners in the city of Hillsboro and any Hillsboro sewer customers shall obtain a certificate of compliance from the city prior to closing on the sale of a property. To obtain the certificate, a property owner must complete a questionnaire, available at the office of Hillsboro Public Utilities or online, and submit it 10 days prior to the anticipated sale. A fee could be established by the safety and service director to cover the costs of the program. Upon submission of the questionnaire, the city can conduct tests or investigations of the property "to ensure no possible infiltration and no possible overflows are present in the sewer lateral and the connections associated with the property." If such leaks or infiltration exist, the city will disclose the findings to the property owner, potential purchaser and any realtor involved, with recommendations for corrections. The owner will be responsible for making the corrections and then reapplying for a certificate of compliance.
Holt had told The Highland County Press that the city intended for the cost of the certificates to be "minimal" because they ultimately just wanted the problem corrected.
Area Realtors had expressed concern over the matter because Hillsboro Law Director Fred Beery said that the legislation could prevent the sale of some properties if a certificate is not obtained and if an infiltration problem is not corrected.
Council member Peter Pence, a real estate agent, told The Highland County Press that if the matter came before council he would vote against it, and that he asked the law director to check to make sure there would be no conflict of interest if he voted on the measure. Pence could not attend Friday's meeting due to work issues.
Utilities committee chairperson Dave Shoemaker opened the meeting by saying that he wished more people were in attendance so there could be open discussion because he knew area residents had concerns over the ordinance.
Josh Patton, president of the Highland County Board of Realtors, and vice president Robyn Coomer addressed the committee, saying they felt the ordinance unfairly targeted the real estate market, and that the ordinance would ultimately be inefficient in correcting the city's problem with the infiltration.
Shoemaker explained that the ordinance may have just been introduced Monday, but the city had intended for years to address infiltration issues, and at this stage in construction of the city's new wastewater treatment plant, "we've just now reached that next phase." Shoemaker said that since 2005, the city has been working to correct issues with sewer lines in the city under a directive from the Ohio Environmental Protection Agency.
Many homes in Hillsboro, Shoemaker and Holt said, have downspouts, pipes and runoffs that feed into the city's sanitary sewer system. Because the essentially clean rainwater is then processed at the wastewater treatment plant as sewerage, the city is treating hundreds of thousands of gallons more water than it needs to be.
"Each time we treat water that doesn't need to be treated, that costs us money," Shoemaker said.
Holt said the city is ahead on an ongoing project to repair crumbling sewer lines, primarily in the south side of the city, by going through the lines with a camera truck to find cracks, crumbling and missing areas of pipe. The city is ahead of the linear feet required by the EPA that they fix each year, but they will begin the camera work again next year.
The infiltration running into the sewer system, Shoemaker said, led to more than 25 overflows at the city's south lift sewer station. Since the sewer lines have been repaired in recent years, the overflows at that station have all but stopped, but now there are overflows at the treatment plant.
"We have on average 369,000 gallons of water treated at the treatment plant each month that really shouldn't be," Shoemaker said.
That figure is determined, he said, "By looking at the daily average of treated water that comes from the water treatment plant and the amount we are actually treating at the wastewater treatment plant. The difference is 369,000 [gallons]."
Patton said he doesn't doubt that there is an issue the city needs to correct regarding infiltration, but that targeting a homeowner at a point of sale is not the way to fix it.
"There's kind of a lot of loopholes," Patton said. "For one, it's a completely inefficient way to do that. There may be houses in a family for 50, 60, 70 years that this would never touch ... If it's as big a deal as the city and the EPA says it is, it could take 40, 50 years at the rate sales are at this point to even come close to doing what it's supposed to do."
Holt said that the city was trying to be fair by asking for a certificate at a point of sale because no matter where the city starts the inspections, people who live in that area will feel they are being unfairly targeted.
Shoemaker said that people seemed to be upset about the fee for the certificates and the inspections, and that the city had decided to not charge for certificates or inspections.
"I don't need the ordinance to do this," Holt said. "I can do this without the ordinance."
Holt said that when water department workers go out to read meters, starting in March, they will also be going to inspect for infiltration.
"There won't be a cost (to homeowners) because it will be a part of the job," Holt said.
"If it's a citywide issue, why is it not taken care of as a citywide issue?" Coomer asked.
"Because it's personal property," Holt said. "We're not responsible for your house. We're responsible for what comes off your house."
"But when you sell a house in today's market, you've got your house at the bottom line dollar that you can sell for," Coomer said. "My house appraised for $96,000 in 2006 and I can't get $59,900 out of it. Now I've got to cough up $2,000, $3,000, maybe $5,000 to dig up the pipes to fix the problem. Now, I still can't get $59,000 out of my house. I've got to come up with five grand. I don't have that kind of money. I'm not saying the city should bear the costs. I'm not saying that the owner should. But why is it that because I'm selling my house, I'm bearing the burden of the city and the problem the city has with this infiltration? This is not a home-seller's problem. This is a citywide issue. Why is it the home-seller's responsibility?"
Holt asked, "Then whose responsibility is it?"
Patton asked what the city's response was to a house that didn't sell for 50 years. Coomer said that the proposed ordinance could contribute to more homes going into foreclosure. Patton said he didn't understand why the real estate market was being targeted.
Holt said that he did not believe that the real estate market was being targeted, and that any homeowner who is among the first who will be told to fix the infiltration issue will feel they are being targeted.
"That's why if we go, if Randy Barr goes out with his people with the readers and we start checking those areas they read then ... we'll be checking everyone's house. No matter where you live."
Coomer asked if there was a way they could come up with a program so that homeowners could pay to have it fixed, either through having it assessed through their taxes or some form of payment plan so they didn't have to pay for it all at once.
"We're at 14-percent unemployment in Highland County," she said. "We're in a hardship position. We've got to do something to try to help these people to bear this."
Responding to a question asked by Coomer, Holt said the city had the capabilities to see which houses were contributing more to that. Coomer said those homeowners should be addressed first. Holt said the city would do away with the ordinance and proceed with inspections of all homes in the city.
Shoemaker said that a comment made by Patton regarding some houses that won't be up for sale for 50 years made him view the situation from a different perspective.
Parr made a motion that the committee recommend council withdraw the legislation, which was seconded by Shoemaker, and passed 2-0. Utilities committee member Brian was not in attendance.
Holt noted that home inspections will begin with meter readings starting in March.[[In-content Ad]]