Residents in North Austin neighborhood that flooded says claims are getting denied

Residents say their homes flooded because the city didn't maintain the creek system, especially after the February ice storm. Now, their frustration is mounting because they say every way of trying to get help is a dead end.

AUSTIN, Texas - We first told you about flooding in a North Austin neighborhood in April after a storm.

Last week, neighbors on Mearns Meadow said the city wasn't communicating with all affected residents about being able to file claims for assistance even after a 45-day deadline had passed. Of the ones who did file claims, they say their claims have been denied.

Many are still in the process of repairing their homes.

"It's a complete slap in the face. What has the city done for us?" resident Ryan Albright said.

Residents in neighborhood that flooded say city didn't communicate about filing claims

Residents on Mearns Meadow Boulevard in north Austin are still in the process of rebuilding their homes after their neighborhood flooded due to a culvert clogged with leftover winter storm debris.

He said he got this response in the denial email.

"State law provides that a City is not liable for damages that may result when it engages in a governmental function. The law considers the City’s operation and maintenance of its storm water drainage systems to be a governmental function. The law carves out limited situations where a City pays for damages to property. The exception is where damages were caused by a City employee negligently operating a motor vehicle or motor-driven equipment. That is not what happened here."

"We disagree completely with the assertion that the city was performing a governmental function which led to the damage, there was no governmental function, they were negligent," Albright said.

He says help from other agencies the city has referenced to don't even cover the flooding event.

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"To date, every avenue that we have tried has been a dead end, every avenue has been false, and we feel like we've been misled by the city completely after they came in and destroyed this neighborhood," he said.

Albright references a memo from the City Manager's office to City Council members in response to a resolution about getting resources to affected neighbors.

"The entire first section is false. They claim it's a natural disaster, even though that was caused by the negligence of the city. They claim they've been in constant contact with victims, they have not," he said.

The memo also reads, "the City has not previously financially supplemented properties that were impacted by natural disasters, and this would set a precedent that is not sustainable."

Severe weather and leftover storm debris leads to flooding in North Austin

Leftover debris from the recent winter freeze led to heavy flooding in North Austin creeks during this week's severe storms. Residents say the City is to blame.

Albright says he doesn't think the city had any intention of helping.

"It doesn't feel like they had any attempt at rectifying this. They wanted to placate us, they wanted to slow roll us, so we got beyond the 45-day limit, and now they've denied us," he said.

He says he is now exploring legal options.

The city didn't respond to FOX 7's questions sent Friday. Last week, they provided a statement saying they coordinated with different agencies to communicate with neighbors about options for help.

They said last week they would keep evaluating submitted claims and that a considerable effort has been made to clean up the Mearns Meadow area.

The full statement can be found here.

North Austin