Homeowners vow to sue the city if high water pressure problems
aren
’t solved A pair of Morgan Hill homeowners say they will sue the
city if officials do not lower the water pressure entering their
homes, located on the 60-acre Woodland Acres subdivision, west of
Morgan Hill.
A pair of Morgan Hill homeowners say they will sue the city if officials do not lower the water pressure entering their homes, located on the 60-acre Woodland Acres subdivision, west of Morgan Hill.
The homes on Black Oak Court belong to Pat and Rebecca Van Dahlen and Jeff and Lisa Mueller. The Van Dahlens say their problems began in March of 2004 when high water pressure destroyed some appliances and pipes, causing water damage to their home. When they purchased their home the summer of 2003, Rebecca Van Dahlen said they knew the water pressure was high, but had no idea it was near 185 pounds per square inch.
The Muellers, who live next door to the Van Dahlens, complain of similar problems, including the bursting of their outside sprinkler system. Their problems began two weeks after they moved into their home the summer of 2004.
Both couples attribute the problem to extraordinary high water pressure coming into their homes. They said they have replaced their water pressure regulators at least a couple of times in a year and they are at a loss with how to deal with the high water pressure and damage it has continued to cause.
“We have water pressure regulators in our homes. We have replaced them. We’ve even had a break occur between the meter and pressure regulator valve,” Rebecca Van Dahlen told the council during the public comment portion of the city council meeting of Sept. 21. “There’s not much I can do about my water pressure. This current break, we want the city to fix. … You have policies in effect that don’t address the inordinate high water pressure.”
The last situation Van Dahlen referred to was a break in the Muellers’ pipes, which, they discovered, ran underneath the Van Dahlens’ driveway. Water from the break also damaged the driveway.
“It looked like a river running down my driveway,” Van Dahlen described the scene.
Van Dahlen said water pressure coming into their pipes measured by city workers registered at 185 psi. With water pressure regulators, their gauges register water pressure coming into their homes between 145 psi to 190 psi. The common standard is between 40 and 120 psi, according to the Public Utilities Commission and the American Water Works Association.
“Our houses are below the street, so because of the gravity, what was coming into our pipes was significantly higher,” explained Jeff Mueller.
Van Dahlen says city officials have told them it is the homeowners’ problem, that the city’s responsibility stops at the water meter.
Having incurred more than $10,000 a piece in significant damage in their homes, both couples want the city to fix the broken water line and the driveway, which they estimate at $10,000.
“We’ll absorb the costs we’ve entailed so far,” Van Dahlen informed the council. “But it’s your turn to absorb this last one. This current break, we want the city to fix … so it’s an even deal and we can move forward and get the situation resolved.”
Van Dahlen said both couples were warned by their insurance companies that more claims would affect their coverage.
“Homeowner insurance has changed in the past few years. One claim can cause a home to be uninsurable and very difficult to sell. This results in increased rates for both the homeowners and the home,” said Van Dahlen, who is a realtor with Coldwell Bankers.
She repeated what she had written in a letter to city council members: “I know there are legal issues the city needs to consider to protect itself in this situation, but consider this for a moment: … What will you say if this insurance database determines Morgan Hill has higher than average water claims and insurance as a whole goes up here?”
The couples also want the city to come up with a better plan to monitor water pressure coming into homes. They want the city to identify homes that have water pressure over 150 psi, notify them in writing, supply them with a disclosure relating the need to install several valves to address the problem, and offer to purchase these valves and install them.
They said the city’s Web site, which merely recommends that residents annually check their water pressure regulators to prevent damage from too high water pressure is not enough.
At the council meeting City Manager Ed Tewes said, “In light of potential litigation I can only say there are actually two issues here, the claim that arises from the damage that occurred with regard to the broken pipes underneath the driveway, and the city’s policy operating the water system in the hillsides. With regard to the first claim, we feel it’s the responsibility of the owners for water damage on their side of the meter. The actual leak has not been uncovered because the pipes are underneath the driveway. With regard to the water pressure, city code requires owners to place water regulator valves on their side of the meter. As to what is the appropriate range, we will need to review the issue.”
Mayor Dennis Kennedy directed city staff to review the operation of the water system in the hillside areas and present the report to the Utilities and Environment Sub-committee.
The Muellers said Thursday city officials have suggested a potential settlement, but he noted, while the settlement attempts to address the issue of the damaged water line underneath the driveway, it still does not settle the water pressure problem. The Muellers and Van Dahlens say the high water pressure cannot continue to do damage to their homes, and if the city does not address the problem, they are considering a lawsuit.
“The biggest issue is we moved here a year ago to get into the less intense lifestyle of country living, but now, it seems it has become more stressful and I’m sacrificing my biggest investment, which is my home,” Jeff Mueller said.
Public Works Director Jim Ashcraft said he could not comment on a potential settlement, but he emphasized the city’s stance.
“Our liability stops at the meter,” said Ashcraft.
Ashcraft said he is also baffled by the incidents described by both couples and described the situation as “unique.”
“In the 10 years I’ve been here, for every one complaint of high water pressure we receive, we receive two to three times more complaints of low water pressure from homes in the hillside,” he said.
The 40 homes on Woodland Acres are served by a reservoir which is 400 feet above them and water pressure there never varies. According to Ashcraft, the Van Dahlens and Muellers are the only residents living there who are complaining about high water pressure destroying their homes.
“If we were to lower the pressure for this area, water pressure in other homes will also be affected,” said Ashcraft.
Ashcraft’s department is currently looking at all pressure zones and comparing the standards of other cities with local standards and will submit their findings to the Utilities and Environment subcommittee in two weeks. He indicated Morgan Hill is one of few cities that serves homes on hillsides.
“What we will recommend is that the city develop disclosure statements for areas of low and high pressure and make current residents aware of this and inform new customers about this,” he said. “I think it’s an important thing to do.”
