New Homes Built Next to Mine Created a Drainage Nightmare for Me

[FLORIDA SUNN]

My question involves a consumer law issue in the State of: Florida. I purchased a brand new home from the builder 14 years ago. When I purchased the home it was the only house on my street, both sides of the street was all woods. I never had a problem with rain water drainage for the first 8 years that my home was the only one on the street. Within the last 6 years the builder has built 9 homes on my street. The last home he built next door to me about 3 years ago, the homes are about 15ft. apart. The problem is that the 2 new homes he built on both sides of my house are much higher in elevation then mine is and their driveway goes up higher from the road where my driveway is completely flat coming off the road. I now have a serious problem with rain water runoff and soil erosion. My complete driveway and front yard gets atleast 8 inches of flooding with just a medium rain shower. I cannot even get into my car because the water is up to my ankles. I am the only house on my block with this drainage problem because the builder built every other home higher than mine I get everyones rain water runoff.

We do not have any type of underground storm water sewer system in my neighborhood, each home has a drainage slope in the front yard with a pipe going under the driveway. Mine fills up to capacity very quickly and then floods my front yard and driveway. I know that it is just a matter of time until we get a really good storm and I will have water come into my home, and I do not even live in a flood zone area.

The builder has not responded to my many messages I left him or a certified letter that I mailed him. Can anyone help with advice on what I should do? Thanks.

[FLORIDA SUNN]

I forgot to add that when the water floods my driveway it seeps under my garage door and gets about 3in deep inside my garage. After a couple of days later when all the water is gone I am left with a muddy mess covering my driveway, walkway and garage floor.

[FLORIDA SUNN]

WOW, 261 views and no replies!!

[LandSurveyor]

Over the past fourteen years, were all of the homes built by the same builder?

Are you in a town or county?

Generally, surface drainage cannot be routed as you have described. Someone in your town or county has jurisdiction over surface drainage issues. You need to find out who that is. We don't have the information at this point to know that here.

[FLORIDA SUNN]

Yes, all the homes closest to me were built by the same builder who built my home. Only a couple of homes up the street were built by another builder.

I live in a county. I tried calling the county building department and they told me the builder is at fault for not providing proper drainage when building the homes at a higher elevation then mine.


Can you explain in more detail what you mean, I don't quite understand.

[Mr. Knowitall]

WOW, 261 views and no replies!!

Why did you choose to ignore the instruction not to reply to your own post and the warning of the possible consequence? Why are you showing a sense of entitlement toward the volunteers here? If you're in such a hurry, the phone book is full of lawyers.

For what part of LandSurveyor's answer do you need additional explanation?

Have you checked the records from the department that issued building permits? Is this a platted subdivision?

[LandSurveyor]

Can you explain in more detail what you mean, I don't quite understand.

It's simple. If the drainage plan is deficient, someone is responsible.

I can't figure out who it is from here. You will need to determine it yourself or get an attorney to advise you.

Of course you can call channel xx news next time you have a flood in your house. They may take up your cause.

[FLORIDA SUNN]

I apologize. By no means did I feel that I was entitled to any advice.

I'm not sure what a platted subdivison is, but my home is on a street not in a subdivison.

Thank you for your help.

I understand now thanks. The drainage plan works great for everyone else because their homes are higher then mine. I am the only one with a problem. Looks like I will have to seek an attorney.

[BMA]

I am not an attorney, but I went through a very similar problem. However I am in PA, so I am not sure about the differences in the state laws. We did hire an attorney and he explained that the PA laws were very specific about water runoff. There are some very vague areas in real estate law, but he said this is not one of them. And in fact, because this is becoming such a big problem when doing new construction, the laws are being updated and there are some new laws already passed regarding this up here. Basically they state that if the water runoff is caused by the construction, then the builders or new owners ARE responsible for correcting it. Water has to have places to go, and natural runoff is not covered by this; but if the runoff and erosion is caused by new construction and changing the lay of the land, then they can't cause it to run onto your property if it was not doing so naturally before.

[PCC]

Research and or contact persons to obtain info on the Federal Clean Water Act, The National Pollution Discharge Elimination System (N.P.D.E.S.), The states General Permit related to Water Quality and or local Storm Water Pollution Prevention Programs. All construction is required to have storm water pollution prevention plans and erosion control plans. Construction is a constant "living" thing that changes from phase to phase of the project. Construction is required to be monitored by the State which is required by the Feds. A State Water Board rep my shed some light on the project. If there is a creek or natural water way being impacted by dirt, debris, construction materials, construction waste, improper best management practices to name a few things, there are probably violations. Construction sites are required to install and maintain best management practices that are effective. Records are required to be maintained and pencil in actions taken related changes and or modifications to the sites Storm Water Pollution Prevention and erosion control plans. It makes a big difference if the project is already completed. Then there is probably areas liability that needs to be sorted out (lawyers). Remember surveying was performed and there are plans, diagrams and maps. If the state or locals have an aggressive and or assertive pollution prevention program, contaminated construction runoff , urban runoff pollutants, illegal dumping is a concern and must be addressed. If the construction is ongoing, then there are operations and conditions related to each phase of the development e.g. waste oil from equipment, leaks, spills, concrete wash out areas paint wash out areas, tool cleaning, stucco washout etc.

Complicated, but it can be solved. I'm not a lawyer, I've just been involved in development sites. Hope it doesn't confuse you. It can get real deep, but easy if you know where to look. If there are typos, don't crucify me.