Hollywood Hills homeowner disputes decades‑old deal that makes him responsible for street drain

HOLLYWOOD HILLS, LOS ANGELES (KABC) -- A Hollywood Hills homeowner says he was blindsided when he learned that a storm drain built into the street outside his house is his responsibility -- and will be, in perpetuity.

Brian Bolain said he discovered the issue after contacting the city about drainage concerns near his home.

"They say, well, the architect and builder of your home signed this agreement in perpetuity, and you're stuck with it now. So good luck," he told ABC7.

According to Bolain, the problem dates back to the early 1980s, when his house was the only one on the street.

"When the house is built, it was the only one here on this street. And so the city said we don't have any infrastructure yet. If you want to build the house, we'll permit it. But you've got to put in a drain and then whoever owns a house after you for perpetuity needs to maintain that drain," he said.

Bolain shared a 1981 covenant and agreement signed with the City of Los Angeles. The document states that the arrangement relieves the city "of any liability or responsibility" for injuries or damage caused by drainage conditions in the street.

Nearly 45 years later, Bolain said the neighborhood has changed dramatically, but the drainage system has not.

"The city has permitted and added 12 more homes," he said in an interview. "They never asked another owner or developer to add drainage. They never made any accommodation for drainage. The city acknowledges that they know the street needs better drainage."

Bolain said he is most concerned about potential legal exposure.

"I'm afraid that I'll be the one who gets sued, right, and I don't want to carry the responsibility for 15 homes, you know, for water drainage in a place where the city really should be providing that."

He said city officials estimated that new drainage infrastructure would cost about $3.7 million. "They say they don't have the money to do it, and they ask me to please continue to maintain my private drain," he said.

A spokesperson for Councilmember Nithya Raman's office said the issue is under review.

"Our office is aware of the concerns raised by the homeowner and understands the frustration surrounding a drainage system that no longer appears aligned with the needs of the surrounding neighborhood... This location has already been identified by the City as a potential flood control improvement project, but like many major infrastructure improvements, implementation depends on citywide prioritization, design, and available capital funding... We will continue to work on a solution with relevant City departments," the statement said.

Bolain said the city has also told him he is responsible for repaving a section of the street near the drain. "So I'm going to have the street dug up, replace the pipe, put two new grates on. And I said to the city, I'll do this work and they'll give it to you. I'll give you a perfectly new drain. They don't want it."

Despite the ongoing dispute, Bolain said he hopes to reach an agreement.

"I'll do anything to get rid of the ownership of this because I don't want the liability," he said. "So yes, if it costs me $40,000 to fix it and then gift it to the city, I'm happy to do it."