RPVCCA_CC_SR_2012_11_20_I_Claim_Against_City_Charles_Knauer_JrCrTYOF RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CARLA MORREALE,CITY CLERK~
NOVEMBER 20,2012
CLAIM AGAINST THE CITY BY CHARLES D.KNAUER,JR.
CAROLYN LEHR,CITY MANAGE~'~
RECOMMENDATION
Reject the claim and direct staff to notify the claimant.
BACKGROUND
The claimant alleges that tree roots from a City parkway tree penetrated the lateral sewer
line at his property,which necessitated repairs to the sewer line.The claimant did not
specify a date that the damage occurred,but submitted a receipt for the sewer repair
dated April 11 ,2012.The claim was filed with the City Clerk's office on June 29,2012.
The City's Claims Administrator,Carl Warren and Company,has reviewed the claim and
advised the City to reject the claim because the maintenance of a property's lateral sewer
line is the responsibility of the homeowner.
According to the Claims Administrator,the claimant's property was constructed in 1961
and the clay lateral sewer appears to be the original,which has slowly decayed over time
and started to leak.The roots from the City's tree were attracted to the leak-points,which
resulted in the roots growing into the sewer line.The Claims Administrator noted that if
the claimant had properly maintained the sewer line, roots from the City tree would not
have been attracted to the leak-points.
Attachment:
Claim
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JUN 292012
CITY CLERK'S OFFICE
Cf,1l6v
CCl.Ib'
RECEIVED €~.l~
CITY OF RANCHO PALOS VEROES1tWl
()CLAIM FOR DAMAGES ~)RESERVE FOR FILING STAMP
.•_C,,"CLAIM NO.~O \a",ok
TO PERSON OR PROPERTY
INSTRUCTIONS
1.Claims for death,injury to person or to personal property must be fiied not
later than six months after the occurrence.(Gov.Code Sec.911.2.)
2.Claims for damages to real property must be filed not later than 1 year after
the occurrence.(Gov.Code Sec.911.2.)
3.Read entire claim form before filing.
4.See Page 2 for diagram upon which to locate place of accident.
5.THIS CLAIM FORM MUST BE SiGNED ON PAGE 2 AT BOnOM.
6.Attach separate sheets,if necessary,to give full details.SIGN EACH SHEET.
TO:CITY OF RANCHO PALOS VERDES
RYoccur1
:--I.ttr.-~~,...,...,"",--:-Time .".,.-~---"...,....__
If claim i for EquItable Indemnity,give date
claimant se e with the complaint:
Date
FILE WITH:
CITY CLERK'S OFFICE
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
Where di D AGE or INJURY occur?Describe fully,and locate on
street names and address and measurements from landmarks:f!Jf:.UI)tAAi.ljJ.tJ-.S ~.f'~~
+;"71.;kj'J;:'";;t:'::"1;~~~.~~~+CeJ;k~~.~\'~~l+GL /uti)hfl{!/~~~7Jf;..~I'1 C h~ft-f~'-.~Vi~~~44~~rep~~.&,.~;rC!-_:1'O~t--
This Claim Must Be Signed on Page 2
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I ...
The amount claimed,as of the dat,C~:presentationof this claim,Is computed as C~ws:
Damages Incdrred'to date (exact):,.w'"J Estimated prospective damages as far as known:
Damage to property •.••••••.••...••••••$lI2(jt!s<:J Future expenses for medical and hospital care •$,--J.'=;"'.p:..L..
Expenses for medical and hospital care ...$""""'"Future loss of earnings •••••.•••••••••••••••$,_-+__
Loss ofearnings •.••••••••••.•••.•••..$"/Other prospective special damages •••.••.•••$,-r..---
Special damages for $A Prospective general damages $!-,Il:"---
~Total estimate prospective damages ••••..·7----
General damages •••.•.•.•.••.•..•••.••$~~~=~
Total damages Incurred to date ••••••••SER4i!F(j
Total amount claimed as of date of presentation of this claim:$
Was damage and/or Injury investigated by p Ii e?III If so,what city?-IJ~:J-~~ESi!!jIAr=':aU,L.l,ia:J..l,~-)6Iu..~
Were paramedics or ambulance called?~-HfTi;l~If so,name city or ambulance ------------*1---
If Injured,state date,time,name and addre 0 doctor of your first visit _
WITNESSES to DAMAGE or INJURY:List all per~ns and addresses of persons known to have Information:A/k"
Name Address Phone,_
Name Address Phone,_
Name Address Phone _
DOCTORS and HOSPITALS:A)A_
Hospital _-.....IfV~~Address,___.:~..Date Hospitalized:-.-_
Doctor Address ';-Date of Treatment _
Doctor Address 'I".Date of Treatment _
READ CAREFUllY
For all accident claims place on follOWing diagram names your vehicle when you first saw City vehicle;location of
of streets,including North,East,South,and West;Indicate City vehicle at time of accident by ..A·1"and location of
place of accident by "X"and by showing house numbers yourself or your vehicle at the time of the accident by
or distances to street corners.If City Vehicle was "B·1"and the point of impact by "X."NOTE:If diagrams
involved,designate by letter "A"location of City Vehicle below do not fit the situation,attach 'hereto a proper
when you first saw it,and by "B"location of yourself or diagram signed by the claimant.
CURB?
Date:
~~Jd2-
SIDEWALK
Typed Name:
~kj7)~e(
T BE FILED WITH CITY CLERK (Gov.Code Sec.915a).Presentation of a false claim 1$a felony (Pen.Code Sec.72.)
CURBJ
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AMOUNT
2313346
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STATE ZIP
P.S.I.I,::.i'~-J{~I:¥".~Ls
TASK NO,
APT.NO.'.cin .
TECHNICIAN MUST CHeCK WATER PRESSURE
In 119cordance with the Unifonn Plumbing Code UP-CO 608.2,the incoming water
pressure must not exceed 80 P.s.I.IncomJng pressure In excess of SO PoS.!.Is a
to Illtlv!de a warranty on work perfonned.
\.'i.U.lf~~/RI·,)~~\~~~~
I \.,
8599 Venice Boulevard·Los Angeles.CA 90034
Phone:(877)527-8117 •Fax:(310}623-4896
Website:www.reliancehs.com
E-mail:service@reliancehs.com
Slate Contractor's license #193955
"flRANTY 0 30 DAYS
o 90 DAYS
.;~~:;:':::',,·~;,;,:;l;:~J~1li<~~:;::;;~~~;;:;;~;;ri~4~~~.~:'~:1;;;~i;~;;;'~~;~;:;~y,$E~~9.~;;;;:~~;:~~1';,,'~r~~~~~~~~!;~;:~~'~;,::~.~~:;)'~~,~·'~;':~i~ti"S.~TPTAL',.
AUTHORIZATION OF WORK THE DEPOSIT MAY NOt ~EEb $1,000.00
AYMENT OF THIS INVOICE/CONTRACT DUE UPON COMPLETION OF WORK OR ~~rJf~~ll~~J~EI~~~JrCT You the homeowner (buyer)or lenanl have the right to require the
JTHORIZAJION TO PROCEED WITH ABOVE RECOMMENDATION -I,the undersigned,am owner/authorized representativetlenant •".•
the premises at wI1lch the work mentioned aboVe is to be done.t hereby authorize you to perfonn above-mentillned serviCeS,and Contractor to furrush you With a ~rformance.and payment bond;
use sudllabor and materials as you deem advisable.A monthly service charge of 1'1>%will be added after 10 days.I agree to however,the ConlraClor can reqUire you to pay for that bond.
asonable attorneys'fees and court costs In !he evant of legal action.It my check does not clear.I mal"1%Il1 could be Hable for 3 Ii • ..•'..
eamount of the check,in no case more than $1.500 and In no case less than $100.all set foIth In the Galifornia CiVil Code sec .A not!ce concermng Commarotal General liability Insurance
'19,plus the face value of the cbeck and court costs.,have read this contract,including the tanns and conditions on lh~reverse .Is attached to this contract.Also,a notice concerning Workers'
"eo!and agree to be bound by all of the tenns contained herein.I have received a copy of this ~t and NotfJl'o Owner.Compensation Insurance is attached to this contract
I parts will be removed from premises and disca<ded unless otherwise specified herein.0 00 .
lerebyauthori •.,m~~···,t the Contract Price of $You are entitled to a completely filled-in
JTHORI?E ACCEPTANC ,OF WORK PE nd the copy of this contract,signed by both
GNAT'JRE 0 NO s~ce and materials rendered and installed l1'l CQnnec~on you and the Contractor.before any
•,l 0 Manu Warranty WIth the above mentioned.to have been completed In a •I
..,.,.satisfactory manner.I agree that the amount set forth on work may be started.The aw requires
this contract in the space label~d "TOTAL"to be the total that the Contractor give you a notice
and complete Contract Price/minimum charge.I agree to • ••hi"•
L--.J..;.;.;;.:=:;;.;...------------/payreasonableattomeys'feesandcourtcostsintheevent explaining your rig t to cancel.mtlal if
ot legal action.A monthly service charge of 1 y,%will be the Contractor has given you a notice_.,....._._.....~"-.~added after 10 days.I acknowledge that I have read and II \
'V>'T''''''AI .",,.,''''M.~~~received a legible copy of this contract and have reael the of the Three-Day r ~
Notice to OWner.and statement required on contract.Right To Cancel."L ._J
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