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Neighbors say 'dangerous, unsightly' drainage design could cause liability

BATON ROUGE - Several neighbors have major concerns about the new drainage weirs that have been constructed in their backyards. They live on Foxgate Drive in Woodridge Subdivision near Pecue Lane.

Through the middle of their backyards runs a swale ditch that was recently improved by the City-Parish. The improvements include a 12" opening for drains leading to a two-foot pipe below ground. One such opening is in Gayle Aptaker's backyard, and she thinks it's dangerous. 

"It's an eyesore, and it's going to be hard on resale, but the safety in this is crazy," said Aptaker.

The original purpose of the project was to get the drainage working better after several homes flooded in 2021. Jim Closter says he got about three inches of water in his home after the May 2021 storm. The neighbors thought the drainage improvements would mean grading the path for water to flow, not openings in the ground large enough for children and pets to fall into.

"Kids chasing toys that go down there that are not going to be aware of the danger," said Closter.

The drop from the ground to the pipe below is several feet.

"Even after my child lived after he fell in there, or my dog, I don't know how I'm going to get them out," said Aptaker.

Essentially, it looks like a crew put the original drain on 12" stilts. Aptaker says she learned of the design at a Homeowner's Association meeting before construction began, but her concerns went unaddressed.

"I guess we don't have a leg to stand on," said Closter.

They questioned the city after the fact, and the city paid them a visit.

"He kept saying, 'It's to code.' Then we asked him, would you have a problem with this in your backyard? 'Oh, no, I wouldn't have a problem,'" said Aptaker.

The neighbors asked the city why they didn't place a larger grate over the opening instead of the weir. The City-Parish told 2 On Your Side that grates are prone to clogging from leaves and other items. The City-Parish says the weir with 12" is a "common construction method that has been used in other parts of the City-Parish drainage system."

The city provided one location when asked where else the construction method has been used. A new neighborhood that's currently being constructed has built a weir-type inlet at the rear of the property. The neighborhood, 760 @ Industriplex is a community of town homes. The weir inlet has been built in a "green space," not in someone's backyard.

Aptaker says the drain in her yard poses a risk to her small dog, Rosie.

"She's old and she's small, she could go in there easily," she said.

As far as fences go, they aren't supposed to be built in the servitude. Many property owners removed a section of their fence for the project, as the swale goes through the middle of their yards. Aptaker is considering moving the rear of her fence on the interior side of the swale closest to her home.

"But since I own this property, what is the responsibility to me, where does the parish take liability on it?" she said.

According to the City-Parish, there is no city code regarding weir inlets. A standard detail from 2010 linked to the parish website was followed for the weir design in Woodridge Subdivision.

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