Committee recommends denial and refers several citizen damage claims to full council

The Milwaukee Judiciary & Legislation Committee recommended denial and referred multiple citizen claims to the full Common Council after hearing testimony and city staff reports on Jan. 12.

Crystal Collins, owner of 3900 W. Portage St., testified that a sewer backup beginning May 4 led to more than a foot of water in her basement and caused damage she estimated at $69,775. DPW sewer manager Jason Sanders and the city attorney's office reported crews responded to a May 5 backwater call, found a clogged 8-inch sanitary sewer caused by heavy grease, and jetted the line to relieve the backup. The city attorney's office recommended denial, concluding the backup resulted from a clog rather than city negligence. Alderman Chambers moved denial; the committee recorded a recommendation of denial and the chair said the committee's decision will be referred to the full Common Council at its Jan. 20 meeting.

In a separate claim, Bridal McIntosh sought $9,748.28 for damage to a 2016 Ford Escape during a homicide investigation at the Brown Deer Shopping Mall on June 21. The city attorney recommended denial, saying the Milwaukee Police Department and the city tow lot acted within their responsibilities. Tow-lot manager Nicole Anderson said the vehicle was towed as evidence, removed from evidence on June 30 and returned July 16; McIntosh was charged a $50 relocation fee because the vehicle was uninsured. Committee members questioned whether the $50 relocation fee should be waived for owners who were victims of a crime; the tow-lot manager explained the fee is standard when uninsured and not tied to storage/tow fees.

Manor View Apartment Homes LLC sought $61,583.01 for damages from a Jan. 24 water main break at 8509 W. Oklahoma Ave. Milwaukee Water Works and the city attorney reported crews shut off the main by 9:45 a.m., repaired it the same day and found no evidence of ongoing leaks; an independent adjuster identified pre-existing damage. The city recommended denial and the committee moved denial and referred the decision to full council.

A claim filed by Claim Center LLC on behalf of Verizon Business for alleged fiber damage at 7600 W. Stark St. was recommended for denial because it was filed after the 120-day statutory filing period described in Wisconsin Statute section 893.80.

The committee's actions in committee were recommendations; final determinations will be made by the full Common Council. The chair noted that if the full council adopts the committee's recommendation of denial, claimants will receive formal notice of denial and may pursue circuit-court litigation to satisfy statutory prerequisites.