It's going to be one of those days

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I am totally confused here. I take it that you own the property, hence having to pay for connection to the main sewer. So even if you were unable to look after your home what can they do about that?

He said, "well you'll have to do something to change your living circumstances or this could be looked upon as you cannot take care of your property."

If I cannot afford to look after my property properly it will look a mess and the roof might leak, but no one would threaten me, it is my house. Surely they cannot take your house away from you?

If I were you I would certainly be taking it to a politician.
 
Ross said:
All I know is that I could have lived a much better day had I been talked to more civilly by this guy.

One person's rudeness can make for a bad day for sure. Hope this one shapes up much better.
 
Ross, one of my favorite

Ross, one of my favorite

sayings is "If it's not one thing, it's another!" (Rosanne Rosannadanna from SNL) -- because ain't it the truth?! ;)

Sorry to hear of your latest troubles and yes, I would go above this guy's head and talk with someone about what he said to you. That is uncalled for!

Good luck and thoughts are with you.

Christina L
 
Ross,
I am truly sorry you are having this problem. This is why we should all fear our government, not look at it as the ultimate parent. Our founding fathers knew that.
Does your local newspaper have a "watchdog" columnist who looks into local outrages? If so, contact him and tell him your story and maybe he'll be interested in it. Perhaps the tv stations news department would be interested. You said "this is Ohio, nobody cares." Is it worse than other states?
I don't think they can take your property from you, just because you don't hook up to the sewer. They may put a lien on it, but that would only come into play when you sell the property. I'm pretty sure that's right. Can any of our attorneys confirm that? Dennis?
Keep us updated. We're all on your side, so if you need to barrage anybody with emails, just let us know.:D
Barbara
 
So sorry to hear you're having these kinds of problems, apparently on top of everything else. I haven't been here very long, BUT you've sure helped me and I only wish I could help you back. The only thing I can say is, #1 if you got this fellow's name, DEFINITELY report his rudeness to his superior! No doubt about that. If he'll do it to one person, he'll do it to another. That sort of lack of consideration for your fellow man is appalling! #2: I would follow Karlynn's suggestions along with several of the others about contacting the "help" organizations. It's certainly worth a shot!

I'll be thinking of you and your family.

Jan
 
Hey Ross can you check this over for factual errors?

Hey Ross can you check this over for factual errors?

I am planning on sending the following letter via email to Thrivent Builds, a company that has sponsored Habitat for Humanity builds in greater Canton, OH. I would like to be factually accurate. Can you edit where necessary?

Dear Sir or Madam:

My name is blank. My husband Hank and I participate in the local name Habitat for Humanity and are monthly monetary contributors to Habitat. We believe in the cause and we do what we can.

I am a 44 year-old stay-at-home mom with a content, reasonably full life. In November of 2004 I was diagnosed with valvular heart disease and an aneurysm of my ascending aorta. I was devastated and my world was turned upside down. I was told I could no longer run and I was told not to lift, push, pull more than twenty pounds and "don't do anything that makes you go 'unh!'" Failure to live within these restrictions could mean I would suffer an aortic dissection or rupture--when the largest artery in the body comes apart or splits, allowing all the blood destined for the body to instead pump into the chest cavity until, without immediate, highly-specialized surgery, 90% of patients die. For a "do-it-yourselfer" like myself this was life-changing. My husband was sympathetic. My kids were scared. My parents didn't really grasp the gravity of the situation. My friends were incredulous. No one really understood.

About four months later I found valvereplacement.com. It's a forum on the internet for people who have gone through, will go through, or are close to someone who's going through heart valve replacement surgery. Many of them also have aortic aneurysm--it turns out, for some of us, the two problems go hand-in-hand. Through this website I have met hundreds of people who do understand. Many of them have been through the surgery I will one day have. They give me encouragement when I'm down, information when I'm in need of it and, most of all, they give me hope every day that I'm going to be okay.

The website is free and was founded, I believe in 2000, by a man in Arizona named Hank Eyring and it is administered daily--nearly around-the-clock on an entirely volunteer basis--by a man in North Canton, Ohio named Ross Your name. Ross, like me, had an ascending aortic aneurysm. He was being monitored periodically (as I am) with imaging studies like CT scans and echocardiograms to make sure his aneurysm didn't get bigger than 5cm--the size that is considered the largest safe size and the point at which most top surgeons operate (although many wait longer and a handful operate sooner). When Ross was 38 years old his aneurysm, which was not yet 5cm, dissected (its three layers delaminated and tore). By the grace of God, his then 13-year-old son awoke in the wee hours of the morning to find him laying unconscious in the hallway. He was airlifted to the Cleveland Clinic where he received life-saving medical care. After months of in-hospital care he was released. He is now legally disabled, wheelchair bound, and on oxygen, but alive and helping people on VR.com every day.

Ross' family has had more than their share of heartache with his medical problems alone, but alas, their problems do not stop there. His wife Lyn has been in and out of the hospital herself with her own serious medical problems and is in a job where she is frequently laid off. Most recently (Fall 2006), Ross' twenty-year-old son Chris returned to live with his parents while he undergoes serial surgeries and rehabilitation for injuries he sustained in a horrendous car accident that took the life of his (former) fiancee's mother, when the car they were in was hit head-on by a drunk driver.

Ross' latest hurdle is what I'm hoping you can help with, either directly or by suggesting a course of action. Ross' home is on a septic system and the town of North Canton (I believe--there is a little uncertainty on my part as this is an internet acquaintance. I can get more specific information should you desire it.) is requiring he hook up to the town sewer system, at his cost, estimated to be about $8000. As one on disability with only one income and a 20-year-old adult son with big bills and no income at home, Ross is in no financial position to comply with the town's requirement. I am not sure what the consequences are if he doesn't comply, but his distress at the situation leads me to believe there are consequences.

Is there anything Thrivent can do? I noticed your organization sponsored several builds in the greater Canton area and I was hoping you might be willing to sponsor this job and find volunteer workers to help out the Your real last name{\I] family. VR.com members have been generous in the past and can likely come up with donations to help out. For more information see: http://valvereplacement.com/forums/showthread.php?t=19444

Your consideration of helping this man who helps so many himself is greatly appreciated.

Sincerely,



My real name
 
"After months of in-hospital care he was released."
One and a half months.

"their problems do not stop there."
You could add that another aneurysm has been found in my abdomen during my emergency hospitalization in August.

"town of North Canton"
City of North Canton

"town sewer system"
County sewer system

I have been and this was a continuation of requesting further reconsideration on a variance to hook up to the system. This all started just before my AVR surgery in July of 2001, so this is or would be the 5th continuance and their patiences with me is growing short, though there is nothing I can do to change my financial circumstances. It's not like your rich on Social Security and get huge raises as time goes by.

I can only thank you so much. Heck, I can't even show you how much. Perhaps, just maybe, someone affiliated with them can help me figure a way to avoid applying for the loans which, looking at things at present, would be unaffordable in the future or more like committing financial suicide.
 
keep us updated. We are standing by, awaiting orders. I hope someone's attention will be caught - somewhere. Thanks for showing us this letter. We just pray an answer can be found.
 
PJ

Will it help if more members of this forum sign the letter? If you think so, I'm willing to add my name
 
I got a letter from Mr. Spirit Killer today. Seems all the rules have changed and no one told me about it until now. I'm still trying to figure how County code trumps State Administrative Code, but that's neither here nor there at the moment. Anyway, here is a link to the letter.

http://img.photobucket.com/albums/v442/Ross/SewerHookUpVarianceReq.jpg

The new law that no one said boo about:

3701-29-18 Variance. [Effective 01/01/2007]

While flexibility in local implementation is accommodated in the rules, a level of statewide consistency promotes equity for citizens and their agents and thus should discourage variances that would undermine this intent.

(A) Any person who believes that a variance from the rules of this chapter is necessary shall make application in writing to the board of health, specifically stating the proposed variance from the particular rule or rules.

(B) The board of health may grant a variance from the requirements of this chapter as shall not be contrary to the public interest, where a person shows that because of practical difficulties or other special conditions compliance with this chapter will cause unusual and unnecessary hardship, and that no other technically feasible or economically reasonable means of compliance exists in rule. Financial impact alone may not form the basis for a variance under this rule. No variance shall be granted that will defeat the spirit and general intent of this chapter, or be otherwise contrary to the public interest or adversely affect the public health or cause contamination of the environment.

(1) The board of health shall not grant a variance from the provisions in paragraphs (C) and (D) of rule 3701-29-07 of the Administrative Code.

(2) The board of health shall not grant a variance from the provisions of paragraphs (A) and (B) of rule 3701-29-13 of the Administrative Code except as provided in paragraph (D) of rule 3701-29-13 of the Administrative Code.

(C) The board of health shall maintain a list of all variances to this chapter granted in a calendar year and shall provide to the department of health the name and address of the person granted a variance, the reason for granting the variance, and a copy of the variance request. This information shall be provided to the department of health by the first day of February of each calendar year.

(D) STS or STS components differing in design or function from systems or components, the use of which is authorized under this chapter, may qualify for approval by the director of health subject to the review and recommendation of the STS technical advisory committee established pursuant to division (A) of section 3718.03 of the Revised Code. A manufacturer seeking approval for use of a system or component that differs in design or function from systems or components authorized under this chapter shall submit an application and information as required in division (A) of section 3718.04 of the Revised Code. The system or component shall be reviewed by the STS technical advisory committee and the department of health in accordance with the standards and guidelines developed under division (F)(1) of section 3718.03 of the Revised Code. The STS technical advisory committee shall advise the director on approval or disapproval of such systems or components. The director of health shall approve or disapprove the use of systems or components submitted for review and shall provide notification of the approval or disapproval in accordance with section 3718.04 of the Revised Code. The director of health shall utilize a department of health web site listing to notify boards of health and interested parties of those systems and components approved under this paragraph and section 3718.04 of the Revised Code.

Replaces: 3701-29-20

HISTORY: Effective: 01/01/2007

R.C. 119.032 review dates: 01/01/2010
Promulgated Under: 119.03
Statutory Authority: 3718.02
Rule Amplifies: 3718.02
Prior Effective Dates: 7/1/1977
 
I sent the letter to Thrivent and to the Timken Company--both sponsors of current Habitat builds for Greater Canton Habitat. I found a fax number for the (Habitat) ReStore in Canton and will fax a letter to them tomorrow.

I have an elderly neighbor who was in need of a roof this past fall and he was able to get all the labor on his roof for free from a group of guys in Indiana who do roofing for the elderly--some small number per year. Ross, I'll try to scare up a list of churches in your area and send the letter to them too. Church groups often donate their time to Habitat builds and someone does their sewer hook-ups.
 
Barbara Stewart said:
Ross,
I don't think they can take your property from you, just because you don't hook up to the sewer. They may put a lien on it, but that would only come into play when you sell the property. I'm pretty sure that's right. Can any of our attorneys confirm that? Dennis?

I suspect that they can do more than put a lien on the property... depending on local law, it could be added to the property tax bill as "special assessment". Then, if you can't pay the taxes for a certain length of time, yes, they might be able to take the property.

I'd definitely find an attorney.
 
pjmomrunner, you are awesome ... what a great letter! if this is a case where more is better, i'd be happy to add my signature somewhere or send a letter to help out. ross, what a predicament you always seem to be dropped in the middle of... i will keep you and your family in prayer. i hope some kind of resolution will surface soon.
 
Ross, I don't know many of the details of your finances, but would it help or be possibl to declare bankruptcy? I know you still wuld have to pay some of your bills but maybe if you have credit cards w/ balances ect, medical bills you are paying, if they went away in bankruptcy, would that give you enough money you would be able to handle paying for this?
I'm sorry you are going thru this, I know how awful it is to have money matter hangin over your head on top of everythng else, Lyn
ps I don't know if anyone else suggested thiis, but have you thought about writing a letter to the editor? I am sure you are not the only person in your county that can't afford this, sometimes, IF people find out what town is putting their citizens thru, es[pecially citizens that have been there long time, things change pretty fast,
 
Ross, have you ever cntacted on of the free legal groups about this? surely there must be a grandfather clause or some kind of loophole, I mean how many people have an extra 8 grand laying around or even qualify for loans?
 
No one is going to escape with this new law. No one ever said anything to me about financial plans from the sewer district. In fact, they haven't produced any sort of help to finance this at all. I've had to find sources on my own and I don't see those as a viable option.

I'm guessing at the 8K to do this, but I'll have a realistic estimate soon. I have to sit down in the morning and write another letter to the health department requesting an extension on my extension in order to obtain the needed items for asking properly per this new law.

The drain has to be dug and laid, the old system must be abandoned and back filled or collapsed, there is a tap fee, local assessment fee, permit fee, landscaping fee etc. My house sits about 100 ft off the road and depending on how they hook it up, could go as much as 150ft.

My head is spinning at this point.
 
Lynlw said:
Ross, have you ever cntacted on of the free legal groups about this? surely there must be a grandfather clause or some kind of loophole, I mean how many people have an extra 8 grand laying around or even qualify for loans?
Have I? Everything I've contacted them for in the past they've refused to help with. I don't think they do anything! I've given up trying with them. I've gone and searched all the recorded laws and I still don't know how mom and dad got out of hooking up. There are no loopholes to be found. Somehow, they were overlooked and left it at that I guess? :confused:
 
I've been search different ohio sewage laws. variences ect off and on all day (and i sure wish i took some laws class language for fun) BUt this looked pretty interesting

NEW SEPTIC SYSTEM RULES STILL SUBJECT OF OPPOSITION

Despite on-going discussions with the Ohio Department of Health, interested parties are still at odds with the department over various provisions in Ohio?s new septic system code that will go into effect January 1, 2007. Various provisions that will impact the cost of installing a new septic system are still the focal point of discussions, despite compromises made by interested parties. OHBA, along with interested parties, were able to secure a handful of minor changes to the septic rules to help ease the burden they will impose, notably the inclusion of a grandfather clause, the elimination of OEPA 208 plan requirements, and the inclusion of curtain drains in the code. However, major provisions relating to cost and the heavy preference placed upon mound systems still concern interested parties, who still hope the department will alleviate their remaining concerns before a legislative fix is necessary.


I found this 1/2 way down here.
http://www.ohiohba.com/legal_docs/legislative_reviews/10-06-06_report_16.htm

This paper is from LEGISLATIVE REVIEW
October 6, 2006 ? REPORT # 16

So I am thinking maybe whoever represents your distict in the state senate would be able tohelp you or at least give you the contact info of the "interested parties" fighting this, also the OHBA is the ohio builder association (sorry if you knw that, I didn't) and seem to be fighting this for their own reasons, so maybe they would be able to point you in the right direction
 
Ross said:
...I've gone and searched all the recorded laws and I still don't know how mom and dad got out of hooking up. There are no loopholes to be found. Somehow, they were overlooked and left it at that I guess? :confused:

But if this was Grandfathered in, is it possible the town can just let the sleeping dog lie? Are there any allowances for that kind of thing?
 
Susan BAV said:
But if this was Grandfathered in, is it possible the town can just let the sleeping dog lie? Are there any allowances for that kind of thing?
Under this new law, no. The difference between the states version and counties is time limit. There is none with the state, but not so with the county.
 

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