Statement by the Avon Lake Board of Municipal Utilities on Legal Complaint Filed March 10, 2020

On March 10th, the Avon Lake Board of Municipal Utilities (the Board) filed a legal complaint against Kopf Construction Corporation for payment of owed trunk sanitary sewer and inspection fees in the amount of $379,600.00 for new construction within Aqua Marine. These fees should have been paid prior to any issuance of building permits by the City of Avon Lake. Also, the Board also seeks acknowledgement by Kopf Construction Corporation to pay trunk sanitary sewer and inspection fees for any future development within Aqua Marine. The anticipated fees for recently approved Aqua Marine dwelling units to be constructed are estimated to total just under $240,000.00. 

Since 2016, the Board has been actively working to collect the owed fees. However, satisfactory arrangements with Kopf Construction Corporation has not been forthcoming and now legal action has become necessary. 

In 1984, Avon Lake City Council passed Ordinance 53-84, An Ordinance Creating a Fee Charge on all Unimproved Real Property for Completion of the Avon Lake Sanitary Trunk System. Under this ordinance, Section No. 3 states “that said fees shall be collected by the Board of Municipal Utilities…..” The Board has a fiduciary responsibility to the ratepayers of Avon Lake Regional Water to ensure all owed fees are collected. This complaint takes action for collection of these owed fees.