Posted: Fri, 17 Dec 2010 09:38 AM - 13,781 Readers

By: Taylor Short

A West Lake Hills resident has until mid-March to reimburse the city and state $67,000 in attorney fees after a judge settled a lawsuit involving a broken septic system Dec. 1.

A Travis County district judge approved a settlement for the lawsuit in which West Lake Hills and the state claimed that the septic tank at 1100 Yaupon Valley Road failed and began leaking waste into nearby Little Bee Creek, which drains into Lake Austin, violating local and state health codes.

The suit, filed in 2009, alleged that the status of the system was disclosed to the owner of the property, Ray McMackin and Yaupon Partners LLC, upon purchase in 2006.

West Lake Hills City Administrator Robert Wood said the city condemned the home until the septic system could be fixed but McMackin remained living there until the city found out in 2009.

"He ended up moving out right when we filed the lawsuit," Wood said. "He got the septic system put in but not before the city had racked up $60,000 to $70,000 in attorney's fees."

A new system has been installed, Wood said, and the property was issued a certificate of occupancy.

The judge also ordered McMackin to issue an apology for his "failure to comply with city and state law by replacing my failed septic system."

"I understand that the continued use of a noncompliant septic system puts the health of the citizens of West Lake Hills and the surrounding areas at risk," McMackin wrote in the signed letter. After repeated calls, he could not be reached for comment.

The judgment includes a payment of $2,000 in attorney fees to the state and up to $76,000 in civil penalties for violations between Oct. 30, 2006 and June 7, 2010. The civil penalties may be waived if McMackin and Yaupon Partners LLC complies with the permanent injunction and demonstrates an inability to pay the total.

Yaupon Partners and McMackin are also prohibited from selling the home or two other properties in Austin and Marfa without written approval from the city, according to court documents.