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Mayor says West Jordan should help residents out of sewer jam
This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

WEST JORDAN - The city says it doesn't have a legal obligation to help a handful of residents who discovered their 21-year-old sewer lines were never tied into West Jordan's system.

But new Mayor David Newton says the city has a moral responsibility.

"Legally, we are not liable," said Newton, mayor since Jan. 3. "But morally, we are.

"We are going to figure out a way to make it work."

At issue are the sewer lines of five homes in the area of 8600 South and 1500 West. Lines that drain the homes' toilets, sinks, showers and washing machines were attached to a groundwater-drainage system - not sewer lines. Sewage flowed into a canal and eventually made it to the Jordan River.

Plumbers discovered the problem after sewage backed into Ben Chapman's basement. City workers tested the rest of the neighborhood and found four other homes that had the same setup.

"Whether or not it's the legal thing to do, it's the right thing to do," Chapman said, echoing the mayor.

All five homes have had their lines changed over for a total cost of $17,300, said Chapman, who had the highest bill at about $6,000.

The situation sparked a debate over whether West Jordan was financially responsible because inspectors were supposed to approve the connection before

homeowners took possession in 1984 of their new homes.

Records show inspectors never signed off on the sewer lines, leading some to believe the inspections never happened.

City Attorney Roger Cutler, however, ruled the city was not liable. He cited a Utah Supreme Court case that upheld Utah's Government Immunity Act.

"This isn't even a close call," Cutler said in November.

At the time, the City Council unanimously directed city staff to study the possibility of creating an account to help the homeowners and others.

But no one promised the city would help the five.

Then, Newton took office.

"It's hard to blame these people," he said.

Chapman has tried to bolster his request for assistance by pointing out that he discovered another home in the area that had the same problem - and the city paid for the change.

That happened in 1984, though. Chapman argues in a Jan. 14 letter to the City Council that the move set a precedent.

jsantini@sltrib.com

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