Phoenix family can finally complete rebuild after 2021 fire

PHOENIX (AZFamily) — It’s been nearly three years since the McElroy family lost their North Phoenix home in a fire.

On Your Side has been following them for almost two years as they fought to rebuild and return home.

Now, it looks like they’ve finally won the battle. When Sean McElroy’s home burned back in November of 2021, he had no idea of the uphill battle he would face with the City of Phoenix.

First, city officials refused to give Sean the required permits to rebuild because of a discrepancy regarding the home’s previous owner.

The old owner completed unauthorized changes in the backyard that Sean was being held responsible for.

After On Your Side got involved, the issue was resolved, and Sean finally obtained the permits he needed to rebuild.

But the drama didn’t stop with the City of Phoenix.

“And then all of a sudden, more hurdles with the septic or sewer system,” Sean said.

The City of Phoenix then took exception to Sean’s septic system, which was installed when the home was built decades earlier.

The city was now insisting that Sean demolish the septic system located more than 500 feet from his home and connect it to the city’s system.

The cost could be more than $100,000 -- and Sean would have to pay for that himself.

Not only that, but engineers hired by Sean insisted there was no acceptable way to run a sewer line that long.

“It was engineering for failures,” Sean said. “And our civil engineer said, no, I’m not going to set you up to be responsible for a hazmat leak. Not going to do it.”

Not only has Sean and his family been on a septic system for 20 years, but so have all his neighbors. However, because the City of Phoenix deemed Sean’s rebuilt home a new home, they claimed city codes required that he hook into their sewer system.

In the meantime, the city deemed Sean’s home “uninhabitable,” forcing him and his family to live in their RV.

On Your Side got involved again, but the city wouldn’t budge, saying, “Rules are rules.”

That left Sean and his family with one last hope.

On Your Side was there when Sean appealed the city’s stubbornness to Phoenix’s Development Advisory Board. It was the one and only chance to make his case, which was simply to return to their septic system.

But, the city’s water department inspectors dug in their heels.

“The code is very clear,” said Desiree Fisher, attorney for the Water Department. “The code says you cannot have a private septic system.”

Then, it was Sean’s turn to face the board and to explain what he felt were unreasonable demands that adversely affected his family’s health.

“This situation has been extremely stressful on my family,” Sean testified. “The stress got to my wife. The second Christmas we were out of the house she had a heart attack. Ended up in the hospital over Christmas, and the situation was due to stress.”

After nearly two hours of testimony and discussion, the members of the appeal board finally weighed in.

“First off, I want to just say how sorry I am for what your family has gone through,” said board member Harry Curtin. “You know, I’m in the service industry and customer is always right, and it doesn’t seem like we’ve really put forth that here with the situation goes hand. And I want to apologize.”

The final vote was six to two in favor of Sean and his family returning to septic, meaning they won’t have to shell out 100 grand to connect the city’s sewer.

“Emotions boiling over,” said Sean, “and then all of a sudden, the yes vote and everything just cleared and tears flowed and all I could do was hold my wife and my kids.”

After three years of turmoil, three years of wondering, and three years of quarreling with the City of Phoenix, Sean and his family will finally be moving back into their home.

And they credit On Your Side for being on their side the entire time.

“I loved seeing you guys there,” Sean said. “This whole thing wouldn’t have gotten even into the starting blocks without you guys helping us. So any time I see you guys, you’re my friends now.”

The engineer is already working on installing the upgraded septic tank.

He says the McElroys will be back in their home by Thanksgiving, almost three years after the fire.

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