Laverne O'Steen developed her "can-do" spirit growing up on a ranch in Oklahoma, but the limits of her tenacity were never tested until she moved to North Richland Hills about six years ago.
Mrs. O'Steen's determination to get the deteriorating canal retaining walls behind her home replaced has put her at odds with city officials and some neighbors in the Emerald Lakes subdivision.
The 55-year-old soft-spoken grandmother said the battle is out of character for her.
But it's one that she can't afford to surrender, she said, because the failing walls raise safety concerns and have contributed to erosion and foundation issues that have made her home difficult to sell.
Mrs. O'Steen has attended the last 22 City Council meetings to use her allotted three minutes of citizen comment time to present pictures and other evidence of what she sees as the escalating problems with the walls.
"I've had to climb the corral to get away from a mean cow, so I'm not afraid to fight the city of North Richland Hills," she said. "They seem to think those walls need to cave in or someone has to die before something should be done.
"I don't think that should have to happen," she said.
Neither the tension with some neighborhood leaders – who once threatened legal action to stop her crusade – nor the unsatisfactory response from City Hall deters her, she said.
City officials and leaders of the Emerald Lakes Homeowners Association agree with Mrs. O'Steen that there's a problem with the canals that wrap around the back of the subdivision. The retaining walls are tilted, masonry columns are cracked and sections of wrought iron fencing have pulled away from support columns.
Many also agree that the canals, privately owned by the HOA, are the homeowners' responsibility.
The problem is that the 65 homeowners in the middle-class subdivision can't afford repairs that will probably cost hundreds of thousands of dollars, if not more than $1 million, according to one estimate.
"We are sympathetic, and we want to work with the homeowners association to get this resolved," Mayor Oscar Trevino said. "But this is not a city facility, and we can't spend public money on private property."
HOA president Rick Cauthon said the organization can only do so much.
"We're doing the best we can, but we only have two officers and 65 homeowners who pay dues of $195 a year," he said.
Mrs. O'Steen, who's been fighting for a solution since she and her husband moved into Emerald Lakes in 2001, has recently secured support from a neighbor and two former City Council members who say the city should step in because the canals abut a city park and are part of the city's drainage system.
"I think there is a public-safety issue here," said Nancy Bielik, who lost her bid for mayor last year after serving one term on the council. "With those detached cross bars on the fence, a kid playing too close in the park could fall into the water."
Jo Cox, who lost a council re-election bid last year, said sludge and debris back up in the canal, causing an unsanitary mess.
"Our wastewater runs through those canals because they are drainage easements," Ms. Cox said. "If the city is using the easement, it should pay for fixing it."
City officials said the drainage system is functioning properly.
The O'Steens and their next-door neighbor, Nancy Lallande, have tried to sell their homes but say the foundation problems and backyard erosion have kept reasonable offers away.
"I'm going through a divorce, and I need to get out of the house," Ms. Lallande said. "My house is sliding backwards because of those canals.
"I've been told it would cost $40,000 to $50,000 to fix the foundation problems, and then no one could guarantee the work because of the erosion," she said. "I have huge gaps in my driveway that are dangerous for my 2-year-old and 4-year-old kids."
Mrs. O'Steen said she and her husband, Harold, would move back to their ranch in Oklahoma if they could sell their home.
"This is such a big mess, and we're stuck with it," she said.
This is not what the O'Steens imagined in April 2001, when they bought the home new from a builder they thought they could trust.
The canals, developed along with the subdivision in the early 1990s, were supposed to have fountains and add a decorative touch to the homes abutting them.
Mrs. O'Steen said she never imagined they would be her worst nightmare.
"We like the house and location," she said. "Everything looked nice, so we thought this would be a place that would hold its value."
A heavy rainfall a week after they moved in revealed the erosion problem. Mrs. O'Steen said she realized then that they'd been duped.
She joined the homeowners association board hoping to resolve the problem with the canals.
Eventually, she quit the board to sue the HOA, its insurance company and her builder, Castle Creek Custom Homes. By this point, the subdivision developer was out of business and the canal engineer had died, Mrs. O'Steen said.
Mrs. O'Steen said she collected a small amount from the insurance company but got nothing from the builder, who went bankrupt.
With her legal avenues exhausted, Mrs. O'Steen said, it became clear that her only remaining options were to get the city to fix the problem or pressure the HOA to do it.
Exhaustive research of city records turned up permit and inspection violations, Mrs. O'Steen said. City officials deny violations occurred.
"Even if it wasn't properly permitted, it wouldn't make a difference," city attorney George Staples said. "This is private property, and the city has no responsibility for it.
"Someone could decide to build a house and not get a permit," he said. "If the house falls down, it wouldn't be the city's responsibility to fix it.
"We know Mrs. O'Steen wants it to work that way, but it just doesn't," Mr. Staples said.
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-badlake_02wes.ART.West.Edition1.2904eff.html
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