A Durango resident and business owner said she is holding the city of Durango responsible for property damage after her business was flooded with sewage due to a city water flushing operation.
Cristin Salaz, owner of WeFill, a refilling business for household and personal care products, said a city crew was flushing water in a storm drain in front of her business on Main Avenue when a “flood of sewage” filled the back half of her business, which resulted in seven weeks of lost revenue and the loss of product.
“It could have been remedied if there was communication, and that’s part of why I’m here today. Because I do think that work like this should be acknowledged with any home and business that could be in the way,” she said at a Durango City Council meeting last week.
She said the city’s insurance denied her claim for the incident, but she still holds the city responsible. She said if she had caused a sewage backup to somebody’s home or business, she would be responsible, and the same should apply to the city.
She attended the City Council meeting last week to introduce herself, put a face to the name of her business and answer any questions councilors have.
Councilors did not respond from the dais, which is typical during public comment segments of meetings.
The last item of business at the meeting was an executive session in which councilors met to “receive legal advice about specific legal questions” related to a possible lawsuit over “damages incurred by a private business owner due to a flooding incident caused by city operations,” according to the meeting agenda.
Councilors did not address the matter further upon exiting the executive session.
Salaz did not immediately return The Durango Herald’s phone call Tuesday requesting additional information such as the extent of damage or costs to WeFill.
City Attorney Mark Morgan said the last he has heard from Salaz is that she is hiring an attorney, but he doesn’t see how the city is responsible for her property’s damage.
He said the city properly maintained the sewer line, followed the correct procedures for clearing the reported line obstruction, which was likely caused by guests at nearby hotels flushing improper items, and Salaz declined to install a check valve that would have prevented the surge.
“I don’t know how she can hold the city responsible,” he said. “She was offered the good neighbor policy limits by our insurance company (CIRSA) despite the fact that the city is not liable and immune from responsibility under these facts.”
cburney@durangoherald.com
