June 15, 2006

ValleyViewpoints

Left to drown by city and San Jose Water Company

Editor,
On Tuesday May 23, my wife came home around noon. Upon arriving she noticed water cascading from under the garage door down the driveway.

After seven hours of water flowing unabated from out of our downstairs shower drain and toilet, we were able to find the source of the water.

San Jose Water Company’s water main burst underground in the street in front of my home. The water then found its way into our lateral sewer drain, also out in the street, and came flowing up through the shower drain and toilet.

We called the City of San Jose’s Public Works Transportation Division. About two hours later two workers arrived in their big truck. They quickly informed me that the problem was not theirs but mine. They told me to my shock and surprise that I am responsible for maintaining the sewer line that runs from my home all the way to the main sewer line 25 yards to the middle of the street! Maintaining something that I did not install, cannot access or control does not make any sense to me. They told me that if I had had an approved cleanout at the property line, that they would as a “courtesy” maintain from there to the sewer.

Approved cleanout? I asked him to look around the neighborhood and find me one house that had one. Was this code? When did it become so? Were we notified at some point and made aware that sewer line is the homeowner’s responsibility beyond the property line? All he gave me was a door hanger that had frequently asked questions and pictures of different cleanouts on it.

I mention the above mostly because I found out something that I was not aware of and still can’t believe. Nor do

I believe that most homeowners are aware that the sewer line from their house to the sewer main is their responsibility. For all other utilities your responsibility ends at the property line.

I believe that the responsible party is the San Jose Water Company. It is their line. It broke and flowed straight into my home flooding the lower floor causing thousands of dollars of damage.

I have to believe that the burst water line caused the breech in the sewer line because we have had no sewer problems at our home, ever. The pressure from the water must have compromised the sewer laterally and then followed the path of least resistance into my home.

The bottom line to this whole episode is that the city (public works department) will take no responsibility for the extensive damage to the home and San Jose Water Co. says that they have no liability either. On top of that, my insurance company says I have no coverage since it was a case of a “backup and/or rising water” occurrence for which there is no coverage. I came to find out that they also have many clever exclusions in their policy for not offering coverage.

My disappointment aside with these two agencies, I also have to say that in the aftermath they have acted rudely and unprofessionally when trying to discuss this matter with them.

I would like to thank Patty Lewis, Matt Montini, and Don Johnson for rolling up their sleeves and pant legs to help us out on that disastrous day.

I can hardly fathom what it is that I did that I should have to pay for all the damage. Am I missing something here?

Kevin Jones
Old Oak Drive

If I sell my home for an enormous profit will I be a price gouger?

Editor,
What is a price gouge?

With all the attention given lately to price gouging, what is it? The dictionary says it is to defraud. Apparently you do this by making too much profit. In our capitalist society we encourage entrepreneurs and they do it to make a profit. That is a good thing. So what is too much profit, because apparently that is a bad thing?

When a stock fund announces that they achieved a 20 percent profit on its stock sales, should the fund and all its investors be accused of price gouging, because the normal profit is 10 percent? Where is that point when the price profit crosses the line and becomes gouging?

What really concerns me is the fact that in 1965 I had an architect build me a home on one-third of an acre in the country club section of the Almaden Valley. The total cost was $30,000. I have no intention of selling, but if I did at current market prices, my apparent profit would be over 3,400 percent. This is a lot of profit—so is this not price gouging? I don't want to be a price gouger, so should I sell my home way below market?

Please someone help me out here.

Bob Boydston
Elwood Road

Coyotes are killing area cats

Editor,
I am writing to inform other cat owners in the Shadow Brook neighborhood that coyotes are in our area. On Wednesday, June 7th, my cat was found after having been brutally attacked by a coyote.

Buddy, who was 12 yrs old, didn't show up for two days so I went to the shelter to look. I didn't find him there, but did find a DOA (dead on arrival) notice of a large white cat on Shadow Brook Dr. who had been picked up on June 7th. However, they listed the cat as female; mine is male. I began asking neighbors and putting up signs. One neighbor across the street said that a family on Shadow Brook Dr. had found a dead cat in their yard. The family confirmed it was my cat after looking at a photo. They informed me that animal control took Buddy away. I spoke with the animal control officer (I didn't get his name) who confirmed that Buddy was likely attacked by a coyote.

Please be advised that no one is immune. Coyotes have adapted very well to neighborhoods like ours and are not afraid to enter and kill cats or other small animals. You don't have to live in the hills, or even near them. Coyotes are not as afraid as you might think, especially when it comes to food. If you can, keep your cats indoors at night. And don't leave any food outside. Please take all the precautions that you are able to. I don't want anyone else to have to find their cat eaten by a coyote.

Denice Swinnen
Heathfield Ct.

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