CHARLOTTE, N.C. (FOX 46) - An overflow pipe in a new development is causing property damage to a Steele Creek home. The homeowner reached out to FOX 46 Charlotte to get some pressure put on the developers to fix the flooding that's forming in his property.
Mattamy Homes is already facing a citation from the City of Charlotte because part of the lake they are building eroded and sediment from it went into Lake Wylie. The overflow pipe was built to let the water drain from the lake to avoid that problem but the issue it's now draining straight into David Smith's property.
Smith says on rainy days his backyard looks more like a swamp than his garden.
"It’s stagnant. It smells. There's mosquitos. Not one of the happiest places to be," Smith said.
The issue started in October when this pipe was put in but directed straight into Smith's property.
Smith says he's tried to resolve the situation with attorneys and had a couple meetings with Mattamy home but was dismissed by the company and since then nothing has changed.
"No one came to my house, no one send me a letter, no one gave me a phone call. They just went ahead and did it without permission," Smith said.
The City of Charlotte's Land Development division tells FOX 46 Charlotte the pipe was put in according to the approved plans and permits.
"Someone from the city came up with the concept of ‘yes your design is extremely good’ but I think they completely forgot they were dumping it into my property," Smith said.
The recent erosion of the man-made lake caused sediment to flow into his property and Lake Wylie.
With permission from Smith, Mattamy Homes came into his property to fix the breach putting in bags across the stream to filter the sediment.
"It just doesn't work,” Smith said.
A month ago Smith finally filed a class action lawsuit against Mattamy Homes and still hasn't heard anything from the company. He's spent about $10,000 in legal fees but he's hoping this time around Mattamy Homes actually fixes the problem and gets rid of the swam his yard has become.
FOX 46 Charlotte reached out to Mattamy Homes and in an e-mail Spokeperson Brent Carey says:
"Because this case is currently before the courts, we won't be able to provide any comments."
FOX 46 Charlotte showed Smith’s video of the pipe to the Land Development Division of the City of Charlotte and they say the water should be running clear and that's something that alarms them and will be looking into the case.