A sinkhole formed in the Drake neighborhood. The city wants homeowners to pay for it

Des Moines wants a homeowner to pay for a sinkhole that formed in his street — but he and his neighbor believe the repairs should be the city's responsibility since the damage is on a public right-of-way.

Don Burgmaier has filed an appeal in Polk County District Court to Des Moines' claims that he and his neighbor are responsible for causing the sinkhole in the Drake neighborhood potentially related to an underground utility line. Burgmaier argues the city is acting illegally and unconstitutionally by saying that the property owners are responsible for the cost to fix it, and says, instead, the city should pay to repair the damage because the hole is in the street.

The city did not provide an estimate on the size of the sinkhole, but the metal plate covering it is roughly 12 feet long and 8 feet wide. Burgmaier described it as "big enough for a car tire to fall into."

More: What caused the 40-foot-wide sinkhole near Knoxville? Officials think they have the answer

Sinkholes happen when the ground below the land surface cannot support itself. They can occur naturally or be caused by things like sewage issues, water main breaks and, in some cases, abandoned coal mines.

According to the court filing, Burgmaier reached out to Des Moines in June 2023 to report the hole in the road on 21st Street near the corner of Drake Park Avenue. He estimates the hole is about 2 feet from the curb in front of his home.

He and his neighbor, John Walter, also a petitioner in the filing, heard back from the city six months later via a letter. The letter acknowledged the sinkhole exists and declared it a public nuisance. It also said that Burgmaier and Walter were responsible for repairing it.

Burgmaier told the Des Moines Register the letter didn't say how much they owed, but believes it could cost as much as $10,000 to repair the damage.

Des Moines did not immediately have a comment on the issue.

Burgmaier argues that he and his neighbor shouldn't be responsible for paying for repairs since it's in the city's right of way, and instead the cost should be covered by property taxes, the court filing says.

"It's in the street, they should be fixing it themselves with our taxpayer money, federal money ... they get money from all over," he told the Register last week.

Burgmaier said he requested an administrative hearing to contest the letter from the city, but a judge ruled against him and his neighbor. He also hired a plumber who said he has a "good, clean sewer line from his house to the street," according to the court filing.

Burgmaier alleged the city's testimony during the administrative hearing was "hearsay" because a city employee who testified could not answer where the sinkhole was located or how the problem exists.

In the meantime, the city put a metal plate over the hole to protect cars that pass over.

How does the city usually handle sinkhole cases related to sewer lines?

When city officials get reports of sinkholes, they will send a crew to look into the cause.

If the sinkhole occurs near a sewer utility, crews will investigate sewer lines to determine if that's the cause. This type of occurrence is referred to as a cavity, where there's an absence of soil under the road, according to public works officials.

If the city suspects a resident's sewer is causing the cavity, the city might ask the person's permission to use cameras or a dye test to confirm. A dye test is a plumbing procedure designed to determine how sewer lines are connected and where water is running to and from.

A homeowner is responsible for the sewer and water line connections from their homes to the mains in the street.

More: Do you really need a water or sewer line protection plan? Here’s what you should know

If the issue is pinpointed to the homeowner's line, the city sends a letter to the resident noting the problem. It typically gives the resident three options: hire a plumber to fix the issues; ask the city to fix the issue and then pay the bill; or to ask the city for an administrative hearing to contest the issue.

If the judge rules in favor of the city, the resident also can file with the court of appeals.

Alternatively, if the issue is found on a public line, it's the city's responsibility to pay for repairs.

How often do sinkholes happen in Des Moines?

Though not common in Des Moines, the city has seen its share of sinkholes, sometimes due to abandoned coal mines.

In 2016, an abandoned underground coal mine likely contributed to a 30-foot wide and 25-foot deep sinkhole that opened up in the front yard of a south side Des Moines home.

More: 17-foot sinkhole on Des Moines south side likely will keep street closed for a week

Historical mining maps show the South Des Moines Coal Co. operated a 203-acre mine beneath where the south side neighborhood now sits. It was one of more than 200 mines that operated in the Des Moines area during the late 19th century and early 20th century.

“If you’re in the Des Moines area, there’s a good chance there’s a coal mine beneath you,” Calvin Wolter, a geographic information systems analyst with the Iowa Department of Natural Resources, told the Register at the time.

The Iowa Geological Survey estimates that as many as 6,000 underground coal mines are scattered across 38 counties and could potentially affect 80,000 acres of Iowa land.

Many of these mines are located in central Iowa.

Virginia Barreda is the Des Moines city government reporter for the Register. She can be reached at vbarreda@dmreg.com. Follow her on Twitter at @vbarreda2.

This article originally appeared on Des Moines Register: Des Moines homeowner appeals city requirement to fix street sinkhole