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Home My WebLink About0070 LEWIS STREET - Health -7UMWIm reet, A= \ i Pill' , "Z f o I Town of Barnstable Building Department Services Brian Florence, CBO Building Commissioner BARMSTABLE 200 Main Street Hyannis, MA 02601 roxstas wus•°srta"ue•"o e.amnne > > 1639-2014 www.town.barnstable.ma.us 25 Office: 508-862-4038 Fax: 508-790-6230 July 26, 2018 Barnstable First District Court Louise Johnson PO Box 427 Barnstable, Ma 02630 Re: Paul Mark Fichter Docket# 1725CR003044 Dear Ms. Johnson: I respectfully request that the aforementioned enforcement matter pending before the court on July 27, 2018 be dismissed. Staff performed an inspection as previously required and presented options to Mr. Fichter. As a result, Mr. Fichter applied for and secured a building permit on July 25t'to correct the issues identified during the aforementioned inspection. We accept this as a clear indication of Mr. Fichter's willingness to remedy the matter to our satisfaction. Please inform the court accordingly. Thank you. Sincerely, Robin'C. Anderson Zoning Enforcement Officer I , oFTNE la,, Town of Barnstable Regulatory Services • BARNSTABLE, MAISS9� 1 . ,.� Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Date: November 28, 2017 Bar(s): 78767, 78768, 78769, 787770, 787771, 787772 Name of Offender: Paul Fichter Location of Violation: 70 Lewis Street Hyannis, MA Date(s) of Violation: August 23. 2017 Violation(s): Town of Barnstable Board Code§ 170-4. Failure to register rental properties and violation of State of Massachusetts Sanitary Code 105 CMR 410.00 Facts: On August 16, 2017 The Town of Barnstable, Health Division,received another complaint on this property from an occupant living within this dwelling unit. I visited dwelling unit on 8-23-17 with occupant and found multiple violations. Due to ongoing violations and multiple court hearings on prior tickets owner was issued the above tickets. Respectfully Sub tfed, 95 Timot B. O'Connell, RS Health Inspector Town of Barnstable 200 Main Street Hyannis, MA 02601 (508) 862-4644 f �INEr, Town of Barnstable Regulatory Services Department * B"NSiABLE MAS& Public Health Division - ArfD �, 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 1 Richard Scali,Director FAX: 508-790-6304 Thomas A.McKean,CHO CERTIFIED MAIL 7015 1730 0001 4990 2953 Fs.. August 28, 2017 Paul Fichter 30 Molly Road West Yarmouth, MA 02673 NOTICE TO ABATE VIOLATIONS OF 105'CMR 410.000, STATE SANITARY CODE II—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION. The property owned by you located at 70 Lewis Street, Hyannis, MA was inspected on August 23, 2017 by Timothy B. O'Connell, R.S. Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint received at the Town of Barnstable Health Division. The.following violations of the State Sanitary Code were observed: 105 CMR 410.500- Owner's Responsibility to Maintain Structural Elements. Floor joist within basement area is rotten due to water leaking from first floor bathtub. Bulkhead leading into basement is in disrepair and in need of replacement. There is a broken window within kitchen area. Tile within the second floor bathroom is in need of replacement. 105 CMR 410.450—Means of Egress. Observed (2) rooms being used as bedrooms within basement without proper second means of egress in bedroom as required by 780 CMR 3603.10.4:1of the Mass State Building Code. The following violations of the Town of Barnstable Code were observed: 1� 70-4—Certification of Registration. Unit is not registered with Town of Barnstable Rental Registration program. 5§ 4-3. Outdoor storage. Observed large amount of gutters and debris from gutter .? Installation Company stored out doors at said residence. You are directed to correct the violation listed above within twenty-four (24) hours` of your receipt of this notice by removing all mattress from both rooms in basement and to cease and desist the use of these'rooms as sleeping quarters. You are directed to register dwelling unit with the health division within (14) days of your receipt of this notice. You are directed to repair the rest of-the above violations within thirty (30) days of your receipt of this notice. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDE OF THE BOARD OF HEALTH T as A. McKean_R.. Y, CHO Director of Public Health Town of Barnstable r ` Town of Barnstable Public Health Division Thomas McKean, Director MUWSTABLF ' 200 Main Street 16 �� Hyannis, MA 02601 Fax: 508-790-6304 ` April9, 2015 Paul Fichter 30 Molly Road West Yarmoth, MA 02673 As of October 1, 2006 a new rental registration ordinance was put into affect requiring all property owners of rental units to register their rental units with the Town of Barnstable Health Division. Once registered all rental properties will receive a yearly inspection to insure no Massachusetts State Sanitary Code or Town of Barnstable Ordinance violations exist. According to our records, you own the rental property at 70 Lewis Street, Hyannis, MA. Enclosed is an application. If dwelling is occupied, you must provide occupants name(s). Also provide the occupant's contact phone number for inspection scheduling purposes. Please use a separate application for each rental unit you own. Should you need more applications, they are available online at www.town.barnstable.ma.us. Go to the Health Division page by looking in the Department Menu. There is a link to the Rental Registration information on the Health Division page. You may print out as many as you need, and return them to the Health Division with the appropriate 2010 fees included. This must be completed within (14) fourteen days of your receipt of this letter. Failure to comply with this ordinance will result in the issuance of a non-criminal ticket citation in the amount of$100. Each day of non-compliance is considered a separate offense. Should you have any questions, please feel free to call 508-862-4644. Thank you in advance for your cooperation. Timothy . O'Connell, R.S. Health Inspector Health Division Direct#508-862-4646 5 i i F1HE Taff Town of Barnstable o� Regulatory Services BARNSfABLE, MASS39. i639• Public Health Division �� AtfD MAC a' • Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Date: October 18, 2016 Bar(s): 79311, 79314, 79315, 79316, 79317, 79319, 79320, 79321, and 79322 Name of Offender: Paul Fichter Location of Violation: 70 Lewis Street Hyannis, MA . Date(s) of Violation: 3-23-16' Violation(s): Town of Barnstable Board Code § 170-4. Failure to register rental properties and violation of State of Massachusetts Sanitary Code 105 CMR 410.00 Facts: On April 4, 2015 a letter to register the said dwelling unit was sent to the offender via U.S. Certified Mail. On April 26, 2015 this letter was returned to me due to the lack of a signature. After this letter, multiple letters were sent to register this property to no avail and the same results as mentioned above did occur again, letter was not claimed. _ On February 11, 2016 a complaint was filed with Town of Barnstable Health Division by an occupant of said dwelling unit. On February 17, 2016 a team (Health, Building, Zoning, and Fire) of inspectors visited property in regards to the multiple complaints. During inspection of dwelling unit multiple violations of the State of Massachusetts Sanitary Code 105 CMR 410.000 were confirmed as the occupant had claimed. An order letter was prepared and sent to offender via certified mail. Offender was given 24hrs, 14 days, and 30 days to correct the violations with different timelines dependent on severity of violation. This letter was Signed for on February.20, 2016 by offender. A v Approximately 30 days after offender signed for above letter. According to the occupant along, with follow up inspections only the smoke detector violation was corrected. Due to this fact and the lack of contact with Health Division, nine (9) $100 tickets were issued to said offender on March 23, 2016. On April 22, 2016 said offender payed all nine tickets mentioned above. Approximately (3) months later due to the fact offender paid for first nine tickets the Health division issued (9) more due to lack of contact from said offender. Respect ll 17M�� y2 S Timoth . O'Connell, RS Health Inspector Town of Barnstable 200 Main Street - Hya&s, MA 02601 (508) 862-4644 r Town of Barnstable Barnstable Regulatory Services Department e'caN j 1AENS[ABLE, I MA Public Health Division i63� ♦� m 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 Richard Scali,Director FAX: 508-790-6304 Thomas A.McKean,CHO CERTIFIED MAIL 7014 1200000103583667 February 17, 2016 Paul Fichter 30 Molly Road West Yarmouth, MA 02673 , NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION. The property owned by you located at 70 Lewis Street, Hyannis, MA was inspected on February 17,2016 by Timothy B. O'Connell, R.S. Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint received at the Town of Barnstable Health Division. The following violations of the State Sanitary Code were observed: -105 CMR 410.500- Owner's Responsibility to Maintain Structural Elements. Dbserved rotten window trim around bathroom window on first floor. Floor joist within basement area is rotten due to water leaking from first floor bathtub. Bulkhead leading into basement in disrepair and in need of replacement-1 Door located within back/side area of dwelling unit is dislodged from door frame and has serve rotten around it and in need of replacement. 105 CMR 410.482—Smoke Detectors and Carbon Monoxide Alarms. Carbon Monoxide and Smoke detectors not provided for dwelling on any of the 3 levels of dwelling unit. 1 105CMR 410.351- Owner's Installation and Maintenance Responsibilities. Open wiring observed within first floor hallway; first floor bathroom; and second floor hallway. Cold water Fawcett not working within second floor bathroom. 105 CMR 410.450—Means of Egress. Observed (2)rooms being used as bedrooms within basementt without proper second means of egress in bedroom as required by 780 CMR 3.603.10.4.1 of the Mass State Building Code. The following violations of the Town of Barnstable Code were observed. 14 70-4—Certification of Registration. Unit is not registered with Town of Barnstable Rental Registration program. 54-3- Outdoor storage. Observed large amount of gutters and debris from gutter Installation Company stored out doors at said residence. You are directed to correct the violation of 105 CMR 410.482 listed above within twenty-four (24) hours of your receipt of this notice by installing Carbon Monoxide Detectors and Smoke Detectors in accordance with Mass Fire Codes; by removing all mattress from both rooms in basement and to cease and desist the use of these rooms as sleeping quarters. ' You are directed to register dwelling unit with health division within (14) days of your receipt of this notice. You are directed to repair the rest of the above violations within thirty (30) days of your receipt of this notice. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations,please contact the Town Health'Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable Date: August 25,2017 To: Building File From: Robin C. Anderson, ZEO Re: Follow Up Inspection Complaint: Illegal Boarding House & Operation of a Business Location: 70 Lewis Street,Hyannis Also Present: Bob Mckechnie,Local Inspector,Tim O'Connell,Health, Capt. William Reg, HFD, CAO Therese Gallant,BPD History: This property had been the subject of a complaint in 2015. The dwelling is a 1932 Cape style home that has been used as an unlicensed rooming/boarding house for 8 occupants. It has also been found to accommodate the non-resident property's owner's gutter replacement business. A cease,&desist order was issued on Feb.19, 2016 for an unlicensed boarding/lodging house,the use of two units/rooms in the basement without proper egress, and the operation of a gutter business. (Photos on file). A number of violations were cited by the Health Division at this time as well. $723/17'Wednesday - Conditions: Sunny, dry, warm Reported to the subject site at approximately 1:30 PM on August 23, 2017. Found one uncooperative male.tenant(Charles) standing in the driveway and one female tenant(April) in her car. Javier(a first floor.tenant,who had arranged for an inspection with Tim O'Connell earlier in the week)was finally made aware of our presence. Javier agreed,to admit us to the property and he accompanied us through the common areas of the dwelling. Occupants: Javier advised there are 8 tenants in 8 rooms. The rooms are.not numbered or lettered. , Qne.of thc.2"d floor tenants is reported to be the father of the property owner, Paul, Fichter.: First floor: 4 Bedrooms Javier resides in one room off of the common kitchen next to the first floor lay. ($140.00 weekly rental) A hallway leads to another lav and two (occupied) bedrooms. We were unable to access those rooms. Just inside the front door hall is another rental on the left side. This is a larger unit with a makeshift food preparation area, bedroom area and living room. ($150.00 weekly rental). . Second floor: Two Bedrooms A very narrow staircase leads to the 2°d floor. A small bathroom is at the top of the stairs. To the right is the elder Mr. Fichter's room. On the left side, behind the open lav door is another room. This room was previously noted.to have had a leaking roof. We were unable to access these rooms. Basement: 2 Bedrooms—Exit order on file from previous inspection The cellar stairs had no handrail(previously noted on prior inspection). At the bottom of the stairway-(immediate left) was a furnished bedroom. The room contained one cellar window of typical size at ceiling height. An exit order was issued on this date. In the remaining bedroom (April's), we found a failed attempt at an emergency escape window. The unit does not appear to meet the dimensional requirements of the well area of 9 sq ft. Escape is further hampered by the installation of an air conditioner as no other` window or door is provided. April insisted her room was full of mold,rats, mice and fleas. Mold or mildew was found to be present by the Health inspector but no rodent droppings or fleas were observed. April insists that rodents come up in the middle of the night from under her bed and covers. Exterior-Yard Rodents A dead rat was observed outside on the far side of the structure side/rear yard. Professional traps appeared to be placed in this area there assumedly by an exterminator. Business Javier reported on this occasion that the property owner also operates a gutter business at this location. Mr. Fichter was previously issued a cease &desist order for the business and was subsequently cited for the violation. On this date, a pile of used discarded gutters was found on the side rear of an existing shed. Two white vans were noted in the back yard—one registered to Dilma DeSousa-290 Sea St, Hy&the other to Paul Fichter, 70 Lewis St. (assumed to be Paul Senior). Javier advised that he had formerly worked for Fichter for two years before being fired and this is the reason he is currently being evicted. Violation History A cease&desist order was issued on Feb.19, 2016 for an unlicensed boarding/lodging house,:the use of two units/rooms in the basement without proper egress/emergency escape,:and the operation of a gutter business. (Photos on file). F 1 ' The following citations were previously written for zoning violations: 03/09/15' #.79041 PAID (directly to the court) Illegal apartment 02/25/16. #79291 PAID Operating business in RB 02/25/16. #79293 PAID Operating rooming house. 04/21/16 #79377 PAID Rooml 04/21./16 #79378 PAID Room 2 04/21/16 #79379 PAID Room 3 04/21/16 #79380 PAID Room 4 04/21/1,6 #79382 PAID Operating a business in RB 04/21/16. #79381 PAID Room.5 The Health Division issued 25 citations between 2/22/2016—07/29/2016. Eighteen of those violations were held in abeyance pending a satisfactory re-inspection. The property owner failed to call for a re-inspection and.the citations remain outstanding. Conclusion: The inspection on 8/23/17 confirmed that the unlicensed lodging/rooming house and business operation has continued unabated and without any significant improvements in the conditions of property. Seven(7) citations have been issued for the 7 (rental)rooms in unlicensed/un-permitted rooming house. BAR#79377-79399 One (1) citation was issued for the operation of a gutter business in the RB zone#79400. Health has issued 6 additional citations for sanitary code& local ordinance violations. Record'Owner's mailing address: Pau1:M Fichter 1640 Old Stage Road W Barnstable,MA 02668 Town of Barnstable i Building Department Services Brian Florence, Building Commissioner BABSTABLE 200 Main Street Hyannis, MA 02601 °p°"�°°E 9-2014 �] is s�°xs wus•°sltxnl�•w[n°acrst>°l 7 J ) 1639-201A www.town.barnstable.maxs �IIg Office: 508-862-4038 Fax: 508-790-6230 February 1, 2018 Paul M Fichter 1640 Old Stage Rd West Barnstable, MA 02668 Re: Docket# 1725CR003044 70 Lewis Street, Hyannis Dear Mr. Fichter: Please be advised that Timothy O'Connell and I had a conference call with ADA Michael Giardino of the 1 st District Court late yesterday afternoon concerning your failure to appear at your scheduled pre-trial hearing. ADA Giardino advised us that the matter has been continued to May 9, 2018 at your request. Furthermore, he indicated to us that you were confused about the nature of the violations and added that you do not understand what needs to be rectified or otherwise how to comply with the municipal enforcement orders on file. Because, the continuance date is more than three months away, I would advise you to ! contact us ASAP in order to obtain the clarification you seek. Unfortunately, you have been remiss in communicating with us but there is ample time for you to now address this matter and rectify the situation successfully. Be assured that our goal is compliance. Staff is willing to recommend that the matter be dropped if you achieve full compliance as directed but only once a satisfactory inspection has been performed. .. You may contact me at 508-862-4027 if you would like to discuss this matter and obtain . guidance with regards to the zoning violations. Inspector O'Connell may be reached directly at 508-862-4646 in order to discuss the health & sanitary code violations. We look forward to assisting you in the very near future and continue to hope that this will be resolved without additional oversight by the court. ely, Rob`iTC. Ande son Chief Zoning Enforcement Officer ,- Cc:ADA M Giardino,1"District C0 Tim O'Connell,Health Division Certified mail#7017 1000 0000 6759 6429 1 ( __ _ _ � �i ,� �`�, � �_ .T -� tea` ,• ` 'Oaf \ -. „� .� • �