Are local pools a real concern?

Realtors doubt water sources at foreclosed homes spur virus
BY EMILY HAGEDORN, Californian staff writer
e-mail: ehagedorn@bakersfield.com | Monday, Aug 6 2007 10:50 PM
Last Updated: Monday, Aug 6 2007 10:55 PM

When it comes to West Nile virus, local homeowner Jim Miller is more
concerned about the smaller sources of stagnant water around town than the
abandoned pool a few doors down.

All Miller, 48, has to do is look out the window of the home he's
remodeling to make his point. "The water bowl for their dogs is full of
mosquito larvae," Miller said. "They kind of look like little shrimp."

The nearby pool is only one of a handful, he said.

"I don't want my kids going over there," Miller said. "But I'm not
frightened by West Nile."

Many Realtors and brokers echo this sentiment, questioning what their role
will be as pools come under more scrutiny and the toll of sickened people
rises.

Gov. Arnold Schwarzenegger mentioned working with the real estate community
to ensure standing water is emptied and pools are maintained in last week's
state-of-emergency proclamation.

Since that order was signed, West Nile cases have climbed to 64 in the
state, with 38 in Kern County, which has more than any other county,
according to the state Department of Public Health.

"It's easy to say, 'The Realtors can help us,'" said Ray Karpe, president
of the Bakersfield Association of Realtors. "As concerned citizens, maybe
we will, but is it our responsibility?"

One local senator believes so.

"We are in a state of emergency, and that means that folks need to make an
extra effort," said Sen. Dean Florez, D-Shafter, via e-mail. "And Realtors
in some cases can help and should help officials.

"It is fair to say that they are on the front lines of this epidemic for
the mere fact that they probably have the most up-to-date information on
homes that are for sale or in some cases in foreclosure."

Florez mentioned talking to Karpe about possible solutions at his press
conference last week.

Karpe told The Californian his organization could send out an e-mail or
letter to its members, urging them to be on the lookout for green,
abandoned pools and to report them to the local mosquito abatement office.

"I don't know what else we can do," he said. "I can't make anybody do
anything."

Karpe is worried about potential lawsuits. He has several legal questions
about Realtors' involvement: What happens if a vector control employee gets
hurt on the property? What if something is damaged and the home's value
decreases? Can vector control come on the property without the owner's
permission?

"People often use claims of possible legal liability to just stay
uninvolved," said Andrew Haut, a local real estate attorney.

Workers' compensation covers injuries, and a claim can be filed against the
county if damage is done, said Steve Schuett, assistant Kern County counsel.

And vector control workers can go on a property, with or without
permission, said Robert Quiring, manager of the Kern Mosquito and Vector
Control District.

They don't drain pools, he added. Vector control will treat the water with
an insecticide or dump in some "mosquito fish" to kill larvae.

"I don't think Realtors are worried about liability if they smelled a gas
leak in a home or if they found an abandoned animal," Florez said. "It's
simply a reporting issue."

Broker Darrell Sparks is "almost laughing" at the idea of these pools being
at the root of Kern's West Nile cases.

"I think a lot of focus is being given unfairly to these pools," said the
owner of Sparks Realty.

Whenever he comes across an abandoned pool, he reports it to vector
control, but he's only had to do that a couple of times in the past few
months, he said.

"If you're upset with somebody, maybe you should be upset with the deadbeat
who didn't make their payments," Sparks said.

Abandoned pools play a large part in our current West Nile problem, Quiring
said.

The district got called out to about 140 stagnant pools in July, he said.
And while they also check many other sources of standing water, like
fountains and sumps, pools pose a particular difficulty since the district
doesn't know where all of them are.

"What we're doing is urging everyone -- homeowners, Realtors associations,
brokers -- to assist with efforts," said Suanne Buggy, spokeswoman for the
state Department of Public Health. "(The stagnant pools) are just new this
year because of the level of foreclosures."

Karpe and Sparks, though, feel the state's requests are putting a negative
tone on real estate, as if they're not doing anything.

Karpe said he is open to talking to local and state government about what
more his group can do.

"We're not trying to be difficult," he said. "But it's not as easy as us
going, 'Hey, red flag here.'"

http://www.bakersfield.com/102/story/206929.html