By Courtney L. Anderson
Herald Staff Writer
SHARON
July 02, 2009 11:35 am
—
Sharon Sanitary Authority Wednesday filed civil lawsuits against eight members of the Baldarelli family and two of their businesses for a total of $10,851 in back sewer bills for 18 rental properties since 2007.
“They’re in for a big lawsuit,” family spokesman Levio J. Baldarelli Jr. said, questioning the validity of the claim that the family is liable for tenants’ use of sewers. “If I owed them money, I’d pay.”
The two suits, filed by city solicitor William J. Madden, are the first by the authority in an attempt to collect delinquent accounts. Madden said he will be preparing more lawsuits against other scofflaws.
Officials have said about 20 landlords owe “several hundred thousand dollars” in delinquent sewer bills.
According to the lawsuits, members of the Baldarelli family since September 2007 have not paid for sewer services at 10 properties between 91 and 127 North Irvine Ave., 122, 126 and 134 Stambaugh Ave., 301 and 303 Spruce Ave. and 306, 310 and 314 Baldwin Ave.
Some bills get sent to the Baldarellis and some go to the tenants, Baldarelli said.
“They want to sue me and my family — we don’t even live in Sharon — because these people aren’t paying their bills,” he said.
Madden said the authority bills property owners for sewage and the city has never billed tenants. The law allows them to do it either way, he said.
Baldarelli said it’s unfair that officials want the family to raise tenants’ rent to cover a sewer bill that’s doubled since last year and questioned the billing process that allowed people to get years behind without penalties.
He noted that some tenants live in units enrolled in the federal Section 8 Housing Voucher Choice Program and their rent is capped. Sometimes people leave apartments after only a few months, too, and he’s stuck with the bill, he said.
Baldarelli said he’s upset by the suit because city officials are “lazy” and want him to do their job for them.
“Why do I have to collect it? I don’t work for the city,” Baldarelli said.
Baldarelli said he’s asked officials to stop sending the family the bills for other people’s sewage and noted that they own nearly 100 apartments in the city.
If the amounts listed in the suit were paid it would bring the accounts current as of May, Madden said.
The Baldarellis and their businesses owed about $37,000 to the city in 2005, according to Herald files, and Baldarelli said that amount was settled with Mayor Bob Lucas prior to the authority taking over collections.
Baldarelli said they paid more than $20,000 on their accounts and their business B & B Paving did work on Stewart Avenue to reduce their bill.
Lucas said the family owed back sewer fees and taxes.
“They paid the taxes and we made a deal on the sewer fees that they paid us X mount and they also did work on Stewart,” Lucas said, adding that the family leveled the street and put gravel down before it was repaved.
Lucas noted that the agreement did not address any future failure to pay sewer fees on the family’s part.
Madden said the deal is legal.
“They provided a benefit that the city decided to accept in lieu of cash,” Madden said.
When the road was repaired in March 2007, Baldarelli told The Herald the company decided to do the work because the city was financially strapped and couldn’t afford to do it.
Neither Baldarelli nor the city mentioned any agreement regarding delinquent sewer bills.
Named as defendants in the suits are: Levio J. Sr., and Ann Baldarelli, 2148 Hazen Road, Hermitage; Levio J. Jr., and Joyce Baldarelli, 619 Lyle Drive, Hermitage; Alan J. and Holly J. Baldarelli, 3801 Amhurst Drive, Hermitage; Mark P. and Paula J. Baldarelli, 1162 Rodeo Place, Hermitage; Alan and Levio Jr. as agents of Kalli Enterprises, 1149 E. State St., Sharon; and J and H Investments Inc., 50 Phillips Way, Sharon.
The suit seeks payment of penalties and legal fees, too, which Madden said would depend on “how long they choose to drag it out.”
It seems that timeframe may be lengthy. “If I have to take this to the Supreme Court I will,” Baldarelli said, noting that officials threatened to “embarrass” the family by putting their names in the news. “That’s not right,” he said.
A message left for the Baldarellis’ attorney was not immediately returned.
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