A city business owner has retained an attorney to help him fight what is described as a series of engineering errors which has caused extensive water damage to his building and others during heavy rainfalls.
Jack Boseman, who owns a Nationwide Insurance agency and another business on East Tenth Street, appeared before city council last week to discuss the matter.
The damages from these storms have extended from the 1019 building to the 1039 building. Boseman owns the 1037 and 1039 buildings.
In a letter from Boseman’s attorney, Michael R. Ortiz, to Roanoke Rapids City Manager Paul Sabiston, the problems are detailed.
“Over the last several years, the property has suffered extensive damage; indeed, virtually every occurrence of heavy rain — even if the downpour is relatively brief — results in flooding and damage to the property,” the letter notes.
Ortiz says the flooding results from a “series of engineering errors made the city, not the least of which involves the ditches located in the alley directly behind the property.”
The August 9 letter says the city approved the removal of the ditch along the road on the opposite side of the alley, “Thereby allowing water to wrongly be diverted onto the Boseman property.”
Ortiz maintains the city admitted this approval during a July 1 meeting. “Also, the ditch on the Boseman side of the alley was not only constructed improperly — the design is such that water actually flows uphill — but is also burdened with severe overuse — allowed by the city — which ultimately results in a backup of water that has the potential to, and often does, enter into and damage the property.”
Boseman has attempted to work with the city, the letter notes, through numerous phone calls and telephone conversations. “In the rare instance when the city has been willing to communicate with Mr. Boseman, it has indicated it will bear no responsibility for helping resolve a situation which it created.”
The property, the letter says, has already been extensively damaged by “the constant flooding, and the damage only increases with each heavy rainfall.”
Additionally, the letter says, “Mr. Boseman has long been prepared and eager to repaint the interior walls of the property, as well as install new carpet, but cannot do so out of fear that more water damage would ruin any improvement.”
Ortiz claims the damage has the potential to affect Boseman’s business as well as the property. “The damage has resulted in mold and mildew to such an extent that one of Mr. Boseman’s employees was recently taken to the emergency room after suffering a reaction to the mold that plagues the office as a result of persistent water damage.”
The letter says the city is not only responsible for property damage, but the city will be held responsible for any personal injury of Boseman or his employees.
The problem has been ongoing for five years, the letter says, and Ortiz threatens that unless the city is, “is prepared to make real and significant progress toward a satisfactory resolution of Mr. Boseman’s situation,” a lawsuit will be filed.
The letter also asks for the name and address of the city’s insurance carrier so a claim may be filed to cover the cost to repair and replace the property already damaged by flooding.
Boseman said Friday he has a $170,000 investment in the two buildings he owns and the tattoo studio which is in the same strip, sustained $3,500 in damages following a recent downpour.
“Normal rain is fine,” said Josh Hale, owner of Who’s Next Tattoos. “When it rains real hard we can’t do tattoos because it starts to flood.”
Sabiston said Friday the city denies any liability or responsibility for the flooding problem.