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Home My WebLink About0145 OAK NECK ROAD - Health n 145`bak:N& Rd Hyannis owl i e ` KE o Town of Barnstable Barnstable � Board of Health �,�. r 1 1 s639. A�0 39. 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi NOTICE OF CONDEMNATION AND ORDER TO VACATE THE PROPERTY April 5, 2016 Ms. Courtney Campeau 145 Oak Neck Road Hyannis, MA 02601 Dear Ms. Campeau: On March 8, 2016 and again on March 30, 2016,the Town of Barnstable Board of Health held public hearings regarding serious violations of 105 CMR 410.000, State Sanitary Code,Minimum Standards of Fitness for Human Habitation observed at the property owned by you located at 145 Oak Neck Road, Hyannis. Attorney Robert Bianchi, Esq.,was present at both hearings representing you, as owner and occupant of the dwelling. Attorney Bianchi was provided with the opportunity to offer evidence on your behalf. You .were also present and testified during both hearings. In accordance with M.G.L. c.I 11, sec. 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation,Timothy O'Connell, R.S., Health Inspector for the Town of Barnstable, on February 24,2016 and again on March 28, 2016 conducted inspections of a property located at 145 Oak Neck Road,.Hyannis,MA. During both inspections,the following violations of 105 CMR 4 10.00 were observed: 410.190: Failure to provide hot water; hot water system inoperable. 410.200: Failure to provide heat; heating system inoperable. These violations remain uncorrected as of this date. These conditions are also violations of Section 410. 750 which are conditions deemed to endanger or impair the health or safety of the occupants and must be corrected within twenty-four(24)hours. You were originally ordered to correct these violations within twenty four(24) hours of your receipt of this notice. Within ten days,you requested a hearing,which was held on March 8, 2016. During the QQ:\WPFILES\145 Oak Neck Road Condemnation and Vacate DecisionFINAL.docx 1�� t �� ; . ., �:� ,� �;�� °� 4 r-� �y II . y AsuC.: CF THE�O� "rnstabre Public._ Division U.S.POSTAGE>>PITNEY BOWES P ,� y1 BARNS ABLE, • "" i r • r• A55. g 200 Main .reet r- �� ® ..r.9 b79 a "rFOMP+'� Hyannis,MA 02601 ZIP 0260 . : 02 4NV $ 006.735 0000336455 FEB. 24. 2016 7014 1200 0001 0358 3728 R E TVAA Y M - �fy� Courtney Campeau y 145 Oak Neck Road y' :. x . y Hyannis, MA'02601;`, .,F 't{11ea n j t _. -. �` ,* ,..,,tom'._ /➢.�.. .� :. � .. . . . .., _ - 'f- � COMPLETE • •MPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ; I ■ Print your name and address on the reverse X 0 Agent I so that we can return the card to you. 0 Addressee I I ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery I or on the front if space permits: I 1. Article Addressed to: I _ _,__ ., D. Is delivery address different from item 1? ❑Yes I 4 If YES,enter delivery address below: 0 No I . I I Courtey,Campeau 145 O"k Neck Road ' I I I H . T11A MA 02601 . — 3. Service Type p Priority Mail Express® I f II I'III'I I'll I'I I I I l l I Il II lllll 111 ll I III l l I Ill Q Certified Mal®Restricted Delivery ❑RDe��ste ed Mail Restricted.] � ery 9590 9403 0922 5223 8278 47 O Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise O Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM nued Mail7 014 1200 0001 11358 37281 Ilnsured Mail Restricted Delivery ❑Restrcted Delivery.Signture f ation • (over$500) I s PS Form 3811,July'2015 PSN 7530-02-000 9053 Domestic Return Receipt i i, Town of Barnstable Regulatory Services 1 BARNSTAHM Richard Scali,Director MAM 1639. Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 February 24, 2016 Courtney Campeau 145 Oak Neck Road Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY_ CODE II—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned and occupied by you located at 145 Oak Neck Road, Hyannis was inspected on February 24, 2016 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable. This visit was in response to a complaint received by the Town of Barnstable Health Department. The following violations of the State Sanitary Code were discovered: .410.750 (A): Failure.to provide hot water in accordance with 410.190. 410.750 (B): Failure to.provide heat in accordance with 105 CMR 410.200. 105 CMR 410.482- Smoke Detectors. , Smoke Detector and Carbon Monoxide missing on second floor. You are directed to correct the violations listed above within twenty four (24) hours of your receipt of this notice. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 54 Building and Premises Maintenance were observed: 04-3 (A) Outdoor Storage Multiple items are being stored outdoors on this property which are not screened from public view. These items include: tire, large amount of old wet phone books, TV, clothes washer, air conditioner, broken children toys and other sorted debris. You are directed to correct,the violations within (15) days of receipt of this order letter by removing said items and disposing them properly or putting them into an enclosed structure 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. However, these violations must be corrected within twenty four hours regardless of any request for a hearing 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. RDER OF THE BOARD OF HEALTH as A. McKean, R. ., Director of Public Health Town of Barnstable e t .a 9� Z-nd i ��"o ,7- 74 `a BOARD OF HEALTH MTG SEP 27, 2016 Update — Status Courtney Campeau (not living at address-medical) 145 Oak Neck Rd II Hyannis, MA 02601 House posted uninhabitable (no heat, no electricity). CONTACT: Bob Haag (Father) 67 Kates Path Yarmouth Port, MA 02675 508-367-7623 Robert A. Bianchi, Esquire Robert A. Bianchi and Associates 55 Sea Street Hyannis, MA 02601 508-775-0785 - t r Town of Barnstable Barn LZ, ` Board of Health 'fin rya+ 200 Main Street,Hyannis MA 02601 2007 Office: 508-862-4644 FAX: 508-790-6304 Paul Canniff,D.M.D. Donald Guadagnoli,M.D. Junichi Sawayanagi Posted on Front Door: September 15,2016, 11:00 a.m. NOTICE OF CONDEMNATION AND ORDER TO VACATE THE PROPERTY September 15,2016 Ms. Courtney Campeau 145 Oak Neck Road Hyannis, MA 02601 Dear Ms. Campeau: On March 8,2016,March 30,2016,and again on Tuesday May 10, 2016,the Town of Barnstable Board of Health held public hearings regarding serious violations of 105 CMR 410.000, State Sanitary Code,Minimum Standards of Fitness for Human Habitation observed at the property owned by you located at 145 Oak Neck Road,Hyannis. Attorney Robert Bianchi,Esq.,was present at the hearings representing you,the owner and occupant of the dwelling:Attorney Bianchi was provided with the opportunity to offer evidence on your behalf.You were also present and testified during both hearings. In accordance with M.G.L. c.111, sec. 127A and 127B, 105 CMR 400.000: State Sanitary Code,Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation,Timothy O'Connell,R.S.,Health Inspector for the Town of Barnstable, conducted inspections of a property located at 145 Oak Neck Road,Hyannis,MA on February 24,2016,March 28,2016,and again on September 15,2016. During all three inspections, it was determined the following violation of the State Sanitary Code remains uncorrected: .410.200: Failure to provide heat;heating system inoperable. In addition on September 15, 2016, lighting and electricity were not provided within the dwelling as required per 105 CMR 410.253, 410.254, and 410.255. These conditions are violations of Section 410. 750,which are deemed as conditions which may endanger or impair the health or safety of the occupants and must be corrected within twenty-four(24)hours. However,you failed to correct the heating violation. You were originally ordered to correct the heating violation within twenty four(24)hours of your receipt of the first notice,back in February 2016. Within ten days,you requested a hearing,which was held on March 8, 2016. During the hearing held on March 8,2016, due to the use of portable heaters,you, as the owner, agreed to ensure that there will be no visitors at this dwelling, except for family members. Also, due to the use of portable heaters, it was agreed visitors shall not stay at this dwelling beyond 11:00 p.m. In addition,there shall be no visitors shall stay or sleep within this dwelling overnight. The Board of Health voted unanimously to institute these agreements as part of the conditions imposed for granting an Q: 145 Oak Neck Final Condemnation September 15 2016.docx sd extension of time to rectify the violations.A copy of the Board of Health decision letter from the March 8, 2016 hearing is attached hereto and incorporated by reference herein. According to the testimony elicited at the Board of Health hearing held on March 30, 2016,in contravention of the previously issued order,visitors were at this dwelling on March 12, 2016 at approximately 11:00 p.in, as was documented by the Barnstable Police Department in an e-mail dated March 14,2016. Police officers found loud music emanating from the home and discovered two people inside that did not reside there; they were not family members of the people residing there. The two people were identified as Ronald Hopkins and Angela Visceglio.Further, on March 28, 2016,a female visitor(non-family member)admitted to a police officer that she stayed in this dwelling overnight. During the public hearing held on March 30,2016,the Barnstable Board of Health voted unanimously the following: • Due to the findings that there is no hot water nor heat provided caused by an inoperable heating system, several portable heaters were being used inside this dwelling, and non-family members were visiting or staying at this dwelling in non_compliance with the agreed upon conditions,the Barnstable Board of Health hereby determines that this dwelling is unfit for human habitation. • Pursuant to M.G.L. c. 127B and 105 CMR 410.831 (D),the Board of Health determines that the conditions within the dwelling are such that the potential danger to the life or health of the occupants of the subject dwelling is such that a deadline of April 12,2016 is established as the last day for any person(s)to occupy this dwelling. In early April 2016,the Director of Public Health provided your attorney,Robert Bianchi,with the contact information for the Housing Assistance Corporation and the Barnstable Housing Authority in order to facilitate a search for alternate housing. During the Board of Health hearing held on May 10, 2016,Attorney Robert Bianchi testified that the owner was able to secure an electric hot water heater. The old boiler was removed and a new one was delivered.However the owner again failed to restore the heat; she was unable to secure funding to install a new heating system. Mr. Bianci testified the target date to connect the new heating system was the first or second week in June. After some discussion,the Board voted unanimously to provide the owner additional time to install a new heating system. In any case,heat must be provided on or before September 15,2016. On September 6,2016, a letter was mailed to both you and your Attorney reminding you to provide heat to this dwelling on or before September 15, 2016. On September 15,2016 at 10:00 a.m. during the inspection,your representative Robert Haag,verbally stated that you are residing offsite(within a medical facility)and will continue to reside there for the next few weeks. The State Sanitary Code, Chapter II requires heat to be provided from September 15'h until June 15th each year. This violation remains uncorrected as of this date;this dwelling does not have an operational heating system. Also,electricity and lighting are not provided within this dwelling. BASED ON THE FOREGOING,THIS DWELLING IS CONDEMNED AND ALL OCCUPANTS SHALL VACATE THIS DWELLING ON SEPTEMBER 15,2016. PER ORDER OF BOARD OF HEALTH T o cKean, H.O� Agent BOARD OF HEALTH TOWN OF BARNSTABLE cc: Robert Bianchi,Esq. Q: 145 Oak Neck Final Condemnation September 15 2016.docx i Town of Barnstable Barnstable .� B^RKAM Board of Health 11 I f , 039. 200 Main Street,Hyannis MA 02601 Zoos Office: 508-862-4644 FAX: 508-790-6304 Paul Canniff,D.M.D. Donald Guadagnoli,M.D. Junichi Sawayanagi Posted on Front Door: September 15,2016, 11:00 a.m. NOTICE OF CONDEMNATION AND ORDER TO VACATE THE PROPERTY September 15, 2016 Ms. Courtney Campeau ,145 Oak Neck Road Hyannis,MA 02601 Dear Ms. Campeau: On March 8,2016,March 30, 2016, and again on Tuesday May 10, 2016,the Town of Barnstable Board of Health held public hearings regarding serious violations of 105 CMR 410.000, State Sanitary Code,Minimum Standards of Fitness for Human Habitation observed at the property owned by you located at 145 Oak Neck Road,Hyannis. Attorney Robert Bianchi,Esq.,was present at the hearings representing you,the owner and occupant of the dwelling.Attorney Bianchi was provided with the opportunity to offer evidence on your behalf.You were also present and testified during both hearings. In accordance with M.G.L. c.111, sec. 127A and 127B, 105 CMR 400.000: State Sanitary Code,Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation,Timothy O'Connell,R.S.,Health Inspector for the Town of Barnstable, conducted inspections of a property located at 145 Oak Neck Road,Hyannis,MA on February 24,2016,March 28,2016, and again on September 15,2016. During all three inspections, it was determined the following violation of the State Sanitary Code remains uncorrected: 410.200: Failure to provide heat;heating system inoperable. In addition on September 15,2016,lighting and electricity were not provided within the dwelling as required per 105 CMR 410.253,410.254, and 410.255. These conditions are violations of Section 410. 750,which are deemed as conditions which may endanger or impair the health or safety of the occupants and must be corrected within twenty-four(24)hours.However,you failed to correct the heating violation. You were originally ordered to correct the heating violation within twenty four(24)hours of your receipt of the first notice,back in February 2016. Within ten days,you requested a hearing,which was held on March 8, 2016. During the hearing held on March 8, 2016,due to the use of portable heaters,you, as the owner,agreed to ensure that there will be no visitors at this dwelling,except for family members. Also, due to the use of portable heaters,it was agreed visitors shall not stay at this dwelling beyond 11:00 p.m. In addition,there shall be no visitors shall stay or sleep within this dwelling overnight. The Board of Health voted unanimously to institute these agreements as part of the conditions imposed for granting an Q: 145 Oak Neck Final Condemnation September 15 2016.docx extension of time to rectify the violations.A copy of the Board of Health decision letter from the March 8,2016 hearing is attached hereto and incorporated by reference herein. According to the testimony elicited at the Board of Health hearing held on March 30,2016, in contravention of the previously issued order,visitors were at this dwelling on March 12,2016 at approximately 11:00 p.in,as was documented by the Barnstable Police Department in an e-mail dated March 14,2016. Police officers found loud music emanating from the home and discovered two people inside that did not reside there;they were not family members of the people residing there.The two people were identified as Ronald Hopkins and Angela Visceglio.Further, on March 28, 2016,a female visitor(non-family member)admitted to a police officer that she stayed in this dwelling overnight. During the public hearing held on March 30,2016,the Barnstable Board of Health voted unanimously the following: • Due to the findings that there is no hot water nor heat provided caused by an inoperable heating system, several portable heaters were being used inside this dwelling, and non-family members were visiting or staying at this dwelling in non-compliance with the agreed upon conditions,the Barnstable Board of Health hereby determines that this dwelling is unfit for human habitation. • Pursuant to M.G.L. c. 127B and 105 CMR 410.831 (D),the Board of Health determines that the conditions within the dwellingare such that the potential danger to the life or health of the occupants of the subject dwelling is such that a deadline of April 12,2016 is established as the last day for any person(s)to occupy this dwelling., In early April 2016,the Director of Public Health provided your attorney,Robert Bianchi,with the contact information for the Housing Assistance Corporation and the Barnstable Housing Authority in order to facilitate a search for alternate housing. During the Board of Health hearing held on May 10, 2016,Attorney Robert Bianchi testified that the owner was able to secure an electric hot water heater. The old boiler was removed and a new one was delivered.However the owner again failed to restore the heat; she was unable to secure funding to install a new heating system. Mr.Bianci testified the target date to connect the new heating system was the first or second week in June. After some discussion,the Board voted unanimously to provide the owner additional time to install a new heating system. In any case,heat must be provided on or before September 15,2016. On September 6,2016, a letter was mailed to both you and your Attorney reminding you to provide heat to this dwelling on or before September 15, 2016. On September 15,2016 at 10:00 a.m. during the inspection,your representative Robert Haag,verbally stated that you are residing offsite(within a medical facility)and will continue to reside there for the next few weeks. The State Sanitary Code,Chapter 11 requires heat to be provided from September 15t'until June 15th each year. This violation remains uncorrected as of this date;this dwelling does not have an operational heating system. Also, electricity and lighting are not provided within this dwelling. BASED ON THE FOREGOING,THIS DWELLING IS CONDEMNED AND ALL OCCUPANTS SHALL VACATE THIS DWELLING ON SEPTEM 3ER 15,2016. PER ORDER OF BOARD OF HEALTH T o cKean, Agent BOARD OF HEALTH TOWN OF BARNSTABLE cc: Robert Bianchi,Esq. Q: 145 Oak Neck Final Condemnation September 15 2016.docx Town of Barnstable B r Barnstable � .� nl anwi=cav AS& Board of Health � '(f ► .i639 ♦� i0Tf0 39 A 200 Main Street,Hyannis MA 02601 2007 Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi Certified Mail# 7012 1010 0000 2848 2152 NOTICE OF CONDEMNATION AND ORDER TO VACATE THE PROPERTY April 5,2016 Ms. Courtney Campeau 145 Oak Neck Road Hyannis,MA 02601 Dear Ms. Campeau: On March 8, 2016 and again on March 30, 2016,the Town of Barnstable Board of Health held public hearings regarding serious violations of 105 CMR 410.000, State Sanitary Code,Minimum Standards of Fitness for Human Habitation observed at the property owned by you located at 145 Oak Neck Road, Hyannis. Attorney Robert Bianchi,Esq.,was present at both hearings representing you, as owner and occupant of the dwelling. Attorney Bianchi was provided with the opportunity to offer evidence on your behalf,You were also present and testified during both hearings. In accordance with M.G.L. c.111, sec. 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter H: Minimum Standards of Fitness for Human Habitation,Timothy O'Connell,R.S.,Health Inspector for the Town of Barnstable, on February 24, 2016 and again on March 28,2016 conducted inspections of a property located at 145 Oak Neck Road,Hyannis,MA. During both inspections,the following violations of 105 CMR 410.00 were observed: 410.190: Failure to provide hot water; hot water system inoperable. 410.200: Failure to provide heat; heating system inoperable. These violations remain uncorrected as of this date. These Conditions are also violations of Section 410. 750 which are conditions deemed to endanger or impair the health or safety of the occupants and must be corrected within twenty-four(24)hours. You were originally ordered to correct these violations within twenty four(24)hours of your receipt of this notice. Within ten days, you requested a hearing,which was held on March 8,2016. During the QQ:\WPFILES\145 Oak Neck Road Condemnation and Vacate DecisionFINAL.docx :r hearing held on March 8, 2016, due to the use of portable heaters,you, as the owner, agreed to ensure that there will be no visitors at this dwelling, except for family members. Also,due to the use of portable heaters, it was agreed visitors shall not stay at this dwelling beyond 11.:00 p.m. In addition,there shall be no visitors shall stay or sleep within this dwelling overnight.The Board of Health voted unanimously to institute these agreements as part of the conditions imposed for granting an extension of time to rectify the violations.A copy of the Board of Health decision letter from the March 8,2016 hearing is attached hereto and incorporated by reference herein. According to the testimony elicited at the Board of Health hearing held on March 30,2016, in contravention of the previously issued order,visitors were at this dwelling on March 12,2016 at approximately 11:00 p. in, as was documented by the Barnstable Police Department in an e-mail dated March 14, 2016. Police officers found loud music emanating from the home and discovered two people inside that did not reside there;they were not family members of the people residing there. The two people were identified as Ronald Hopkins and Angela Visceglio.Further, on March 28,2016,a female visitor(non-family member)admitted to a police officer that she stayed in this dwelling overnight During the public hearing held on March 30, 2016,the Barnstable Board of Health voted unanimously the following: • Due to the findings that there is no hot water nor heat provided caused by an inoperable heating system, several portable heaters were being used inside this dwelling, and non-family members were visiting or staying at this dwelling in non-compliance with the agreed upon conditions,the f Barnstable Board of Health hereby determines that this dwelling is unfit for human habitation. • Pursuant to M.G.L. c. 127B and 105 CMR 410.831 (D),the Board of Health determines that the conditions within the dwelling are such that the potential danger to the life or health of the occupants of the subject dwelling is such that a deadline of April 12,2016 is established as the last day for any person(s)to occupy this dwelling. This order to vacate was delayed until April 12th in order to provide the occupant(s)time to find alternate housing. The Director of Public Health provided your attorney,Robert Bianchi,with the contact information for the Housing Assistance Corporation and the Barnstable Housing Authority in order to facilitate that search. BASED ON THE FOREGOING, THIS DWELLING IS CONDEMNED AND ALL OCCUPANTS SHALL VACATE THIS DWELLING ON OR BEFORE TUESDAY APRIL 12, 2016. PER ORDER OF THE BOARD OF HEALTH a fl Miller,M.D. Y t�evie�lec� .� Chairman ?vorf s�ynzl+rz b v61,� 1�c�,l BOARD OF HEALTH P TOWN OF BARNSTABLE cc: Robert Bianchi,Esq. Thomas Perry,Building Commissioner,Town of Barnstable Ruth Weil,Town Attorney, Town of Barnstable QQ:\WPFILES\145 Oak Neck Road Condemnation and Vacate DecisionFINAL.docx April 11,2016 Unannounced site visit per Town of Barnstable BOH 145 Oak Neck Rd,Hyannis RB Single family Lt. Cosmo,Hyannis Fire Multiple Police Officers 0 Reported to the site at 11:00am on 4-11716 • Property is a single-family with attached garage situated on the corner of Oak Neck Road & Lantern Lane. • Arrived at site and was soon accompanied by police presence. • Knocked on door. • Courtney Campeau responded at the front door. She admitted us into the dwelling. • No other occupants present. • Inspected both bedrooms on first floor. Rooms neat and beds made. • No space heaters observed in either room. • First floor Smoke and Carbon Monoxide Detectors were functioning. 0 Second floor bedroom appeared occupied. All detectors were functioning: 0 Small space heater observed which was not near any combustibles. • Heating system has not been replaced. No heat or hot water in dwelling unit. • All detectors functioning within basement. • All parties left dwelling unit at approximately 11:25am. Respectfully Submitted, Timothy B. O'Connell, R.S. Health Inspector I Town of Barnstable Barn . AWAmmird CdY BARMASC-NAS = Board of Health1659. 0 ' 200 Main Street,Hyannis MA 02601 2007 Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi Certified Mail# 7012 1010 0000 2848 2152 NOTICE OF CONDEMNATION AND ORDER TO VACATE THE PROPERTY April 5,2016 Ms. Courtney Campeau 145 Oak Neck Road Hyannis,MA 02601 Dear Ms. Campeau: On March 8, 2016 and again on March 30, 2016,the Town of Barnstable Board of Health held public hearings regarding serious violations of 105 CMR 410.000, State Sanitary Code,Minimum Standards of Fitness for Human Habitation observed at the property owned by you located at 145 Oak Neck Road, Hyannis. Attorney Robert Bianchi,Esq.,was present at both hearings representing you, as owner and occupant of the dwelling.Attorney Bianchi was provided with the opportunity to offer evidence on your behalf.You were also present and testified during both hearings. In accordance with M.G.L. c.l 11, sec. 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code,Chapter 11:Minimum Standards of Fitness for Human Habitation,Timothy O'Connell,R.S.,Health Inspector for the Town of Barnstable, on February 24, 2016 and again on March 28, 2016 conducted inspections of a property located at 145 Oak Neck Road,Hyannis,MA. During both inspections,the following violations of 105 CMR 410.00 were observed: 410.190:Failure to provide hot water;hot water system inoperable. 410.200: Failure to provide heat;heating system inoperable. These violations remain uncorrected as of this date. These conditions are also violations of Section 410. 750 which are conditions deemed to endanger or impair the health or safety of the occupants and must be corrected within twenty-four(24)hours. You were originally ordered to correct these violations within twenty four(24)hours of your receipt of this notice. Within ten days,you requested a hearing,which was held on March 8,2016. During the QQ:\WPFILES\145 Oak Neck Road Condemnation and Vacate DecisionFINAL.docx hearing held on March 8, 2016, due to the use of portable heaters,you, as the owner, agreed to ensure that there will be no visitors at this dwelling, except for family members. Also, due to the use of portable heaters, it was agreed visitors shall not stay at this dwelling beyond 11.:00 p.m. In addition,there shall be no visitors shall stay or sleep within this dwelling overnight.The Board of Health voted unanimously to institute these agreements as part of the conditions imposed for granting an extension of time to rectify the violations. A copy of the Board of Health decision letter from the March 8,2016 hearing is attached hereto and incorporated by reference herein. According to the testimony elicited at the Board of Health hearing held on March 30,2016, in contravention of the previously issued order,visitors were at this dwelling on March 12,2016 at approximately 11:00 p.m, as was documented by the Barnstable Police Department in an a-mail dated March 14, 2016. Police officers found loud music emanating from the home and discovered two people inside that did not reside there;they were not family members of the people residing there.The two people were identified as Ronald Hopkins and Angela Visceglio.Further,.on March 28,2016, a female visitor(non-family member)admitted to a police ofcer.that she stayed in this dwelling overnight During the public hearing held on March 30,2016,the Barnstable Board of Health voted unanimously the following: • Due to the findings that there is no hot water nor heat provided caused by an inoperable heating system, several portable heaters were being used inside this dwelling, and non-family members were visiting or staying at this dwelling in non-compliance with the agreed upon conditions,the Barnstable Board of Health hereby determines that this dwelling is unfit for human habitation. • Pursuant to M.G.L. c. 127B and 105 CMR 410.831 (D),the Board of Health determines that the conditions within the dwelling are such that the potential danger to the life or health of the occupants of the subject dwelling is such that a deadline of April 12,2016 is established as the last day for any person(s)to occupy this dwelling. This order to vacate was delayed until April 12th in order to provide the occupant(s)time to find alternate housing. The Director of Public Health provided your attorney,Robert Bianchi,with the contact information for the Housing Assistance Corporation and the Barnstable Housing Authority in order to facilitate that search. BASED ON THE FOREGOING, THIS DWELLING IS CONDEMNED AND ALL OCCUPANTS SHALL VACATE THIS DWELLING ON OR BEFORE TUESDAY APRIL 12, 2016. PER ORDER.OF THE BOARD OF HEALTH afiZ Miller M.D. m m��e` z�� Y � Rev i e�lecY b' W�,� Chairman 2�nar, �*I s,5Az4..rL b v., BOARD OF HEALTH TOWN OF BARNSTABLE cc: Robert Bianchi,Esq. Thomas Perry,Building Commissioner,Town of Barnstable Ruth Weil, Town Attorney,Town of Barnstable QQ:\WPFILES\145 Oak Neck Road Condemnation and Vacate DecisionFINAL.docx April 11,2016 Unannounced site visit per Town of Barnstable BOH 145 Oak Neck Rd,Hyannis RB Single family Lt. Cosmo,Hyannis Fire Multiple Police Officers • Reported to the site at 11:00am on 4-11-16 • Property is a single-family with attached garage situated on the corner of Oak Neck Road & Lantern Lane. • Arrived at site and was soon accompanied by police presence. • Knocked on door. • Courtney Campeau responded at the front door. She admitted us into the dwelling. • No other occupants present. • Inspected both bedrooms on first floor. Rooms neat and beds made. • No space heaters observed in either room. • First floor Smokq and Carbon Monoxide Detectors were functioning. • Second floor bedroom appeared occupied. All detectors were functioning: • Small space heater observed which was not near any combustibles. • Heating system has not been.replaced. No heat or hot water in dwelling unit. • All detectors functioning within basement. • All parties left dwelling unit at approximately 11:25am. Respectfully Submitted, Timothy B. O'Connell, R.S. Health Inspector TIGHT TANKS STREET PARCEL VILLAGE OWNER INSTALLED SIZE 9/14/16 pumping update 4/12/16,6/17/16, Thomas and Teresa McNamara 6/20/16,6/24/16,7/1/16,7/8/16, Court House Charleville Rd. 7/22/16,7129/16,8/5/16,8/23/16, 110 Annable Point 210-043 Centerville Tullamore Ireland/deed 7/27/09 5/3/2002 3000 8/26/16,9/2/16-Bousefield 2000,old new 4/11116,8/16/16-Capewide 3500 233 Bay Lane 166-056 Centerville Chris Babock 1985,2014 (3032) 6/23/16,8/23/16-LeBoeuf David Dali 1 Jerusalem Lane, 130 Center Lane 251-018 Centerville Cohasset,MA 02025 7/15/1994 2500 Craig Short„Fulvio Fierimonte, New owner-Gary Shechtman 6/9/16,7/11/16,9/2/16-Pastore 197 1st Ave Needham,MA Excavation 1136 Craigville Beach Rd 206-088 Centerville 02494 5/30102 5000 Old owner Donald Pollock 2005, Melvin Field 2006/George and Kristen Haseotes,new 3/16/16-Ford Septic owners, PO Box 370 Norwell, MA 02060 Chris Wells, 158 Long Beach Rd. 205-009 Centerville Property Manager 7/7/2006 2000 27 Nyes Point Way 233-020 Centerville (Scott Cordeiro) Larry Scult 5/10/2002 2000 13/16/16,7/7/16-Ford Septic 1/11/16 Wind River (information from phone call from 59 N es Point Way 233-018 Centerville Mark Hayes Holmquist 2/20/2009 3500 their staff/computer) 123 Old Yarmouth Road* 344-049 Hyannis Dave's reconditioning*-CRiM Ilc 2012 pumped 7/1/16 60 Point of Pines Ave 210-105 Centerville Bhatt 10/5/2006 2500 7/9/16-Scott Frank 62 Point of Pines 210-106 Centerville Bhatt 4/18/2008 2000 7/9/16-same as above *residential/commercial single family dwelling CAPE COD VILLAGE 16,000 CONDO, 1 Bone 352-035 gallon 3/31/2016 condo Hill Road OOA-V Cumma uid Multiple-Cape Cod Village tank O1TIGHT TANKS\Karen's residential tight tank summaries\ACTIVE tight tank abbry for BOH 9-14-16.xls i �S�r Town of Barnstable Barn Board of Health ;eficaCity MAK LE, 200 Main Street, Hyannis MA 02601 �. 16.19. 2007 �fD MA't A Office: 508-862-4644 Paul Canniff,D.M.D. FAX: 508-790-6304 Junichi Sawayanagi Donald Guadagnoli,M.D. August 29, 2016 LEGAL NOTICE BOARD OF HEALTH, TOBACCO VIOLATION PENALTIES Under the authority of M.G.L. Chapter 111, Section 31, the Town of Barnstable Board of Health held a public hearing at 3:00 p.m. on Tuesday August 23, 2016 to review proposed changes regarding penalties to Section 371-8, C. (1) and (2) of the Town of Barnstable Code. The hearing was held in the second floor Hearing Room, 367 Main Street, Hyannis, Massachusetts. The following revisions were adopted: §371-8 Violations and penalties. C. Any proprietor(s)or other person(s) in charge of a public place or workplace, including municipal entities, who fail(s) to comply with these regulations shall be subject to the following actions for each offense: A fine of$100 shall be issued for the first offense. A fine of$200 shall be issued for the second offense; a fine of$300 shall be issued for the third offense, $300 for a fourth offense, and $300 for any subsequent offense; and Following the second offense the Board of Health may, after a public hearing, suspend any license for that public place for a period of up to seven days for each day of noncompliance or withhold renewal of license. Following a third offense,the Board of Health may, after a public hearing, suspend any license for that public place for a period of up to thirty days for each day of noncompliance or withhold renewal of license. Following a fourth offense,the Board of Health may suspend an existing permit/license for a period of time determined by the Board of Health until compliance is achieved. These amendments will go into effect immediately upon publication in the newspaper. TOWN OF BARNSTABLE ` BOARD OF HEALTH Paul Canniff, D.M.D., Chairman Junichi Sawayanagi Donald Guadagnoli, M.D. Q:WP/Legal Notice Tobacco Sales Aug2016.doc ---------------------------------------------------------------------------------7--------------------------------------------- For reference, here is the existing wording of same sections (1) and (2): A warning shall be issued for a first offense. A fine of$100 may be issued for the second offense, $200 for a third offense, $300 for a fourth offense, and $300 for any subsequent offense; and Following the second offense the Board of Health may, after a public hearing, suspend u lic lace for period of u to two days for each day of an license for that b y Y p p p P Y noncompliance or withhold renewal of license. Following a third offense, the Board of Health may suspend an existing permit/license for a period of time determined by the Board of Health until compliance is achieved. 1 Q:WP/Legal Notice Tobacco Sales Aug2016.doc COMPL E1TE THIS SECTION . . ON DELIVERY ■ Complete items 1,2,and 3.Also complete. A. Sign re item 4 if Restricted Delivery is desired. L7" ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. eceived by(Printed Name) C to of elivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address d' rent from Rem 1? OYbs It YES,enter delivery address below: ❑No �b(2 �.R"( 3. Service Type KCertifled Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. (J 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number , ;i7 0 D 6 ;;0 810 00 Oaf3 52], 8 7 8?6 i (transfer from service label) PS Form 3811�,February 2004 ' Domestic Return Receipt j� 102595-02 M-� 1 UNITED STAFF u� �'1]:. ST �: Mid �errmmlt^.re r+a 4 • Sender: Please print your name, address, and ZIP+4 in this box • M Town of Barnstable Health Division r 200 Main Street Hyannis.MA 02601 C- ►4SGNLC NQc�, pF THE Town of Barnstable Barnstable t,:tnA Regulatory Services Department A�IIlCYlcaCity � A ► 1 MASS. `"9 Public Health Division �Da `639• A�0 TFd"'-AJ . 200 Main Street, Hyannis MA 02601 2007 Office:. 508-862-4644 4 Thomas F.Geiler,Director FAX: 508-790-6304 Thomas A.McKean,CHO CERTIFIED MAIL 7006 0810 0000 3521 8786 October 31, 2008 Robert F. Haag 25 Heath Row Marstons Mills,, Ma 02648 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 145 Oak Neck Road, Hyannis was inspected on 10/17/2008 by Jaime Cabot, Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of the rental registration in accordance with Chapter 170 of the Town of Barnstable Code. The following violations of the State Sanitary Code were observed. 105 CMR 410.500 —Owner's Responsibility to Maintain Structural Elements: Missing tiles in the tub surround. Outlet missing cover. 105 CMR 410.551-Screens for Windows: Screens not provided for all open able windows. 105CMR 410.552=Screens for Doors: No screen for sliding glass door, Glass not provided for storm door on entry. You are ordered to correct the above violations within thirty (30) days of your receipt of this notice by providing screens for windows between April I't and October.30t" of each year and repairing the bathroom tiles. 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 y questions regarding the above violations, please contact the Town Health Division an ask to speak with the inspector who performed the inspection. 4 -OF HE BOARD OF HEALTH omas A. McKean, R.S., CHO Director of Public Health, Town of Barnstable i ;w Town of Barnstable Barnstable a��iame�neaica�r BARNST"M Board of Health i i679. 200 Main Street,Hyannis MA 02601 2007 Office: 508-862-4644 FAX: 508-790-6304 Paul Canniff,D.M.D. Donald Guadagnoli,M.D. Junichi Sawayanagi Posted on Front Door: September 15,2016, 11:00 a.m. NOTICE OF CONDEMNATION AND ORDER TO VACATE THE PROPERTY September 15,2016 Ms. Courtney Campeau 145 Oak Neck Road Hyannis,MA 02601 Dear Ms. Campeau: On March 8,2016,March 30,2016,and again on Tuesday May 10, 2016,the Town of Barnstable Board of Health held public hearings regarding serious violations of 105 CMR 410.000, State Sanitary Code,Minimum Standards of Fitness for Human Habitation observed at the property owned by you located at 145 Oak Neck Road,Hyannis. Attorney Robert Bianchi,Esq.,was present at the hearings representing you,the owner and occupant of the dwelling.Attorney Bianchi was provided with the opportunity to offer evidence on your behalf.You were also present and testified during both hearings. In accordance with M.G.L.c.111, sec. 127A and 127B, 105 CMR 400.000: State Sanitary.Obde,Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II:Minimum Standards of Fitness for Human Habitation,Timothy O'Connell,R.S.,Health Inspector for the Town of Barnstable, conducted inspections of a property located at 145 Oak Neck Road,Hyannis,MA on February 24,2016,March 28,2016, and again on September 15, 2016. During all three inspections, it was determined the following violation of the State Sanitary Code remains uncorrected: 410.200: Failure to provide heat;heating system inoperable. In addition on September 15,2016,lighting and electricity were not provided within the dwelling as required per 105 CMR 410.253,410.254, and 410.255. These conditions are violations of Section 410. 750,which are deemed as conditions which may endanger or impair the health or safety of the occupants and must be corrected within twenty-four(24)hours.However,you failed to correct the heating violation. You were originally ordered to correct the heating violation within twenty four(24)hours of your receipt of the first notice,back in February 2016. Within ten days,you requested a hearing,which was held on March 8, 2016. During the hearing held on March 8,2016, due to the use of portable heaters,you, as the owner, agreed to ensure that there will be no visitors at this dwelling, except for family members. Also, due to the use of portable heaters, it was agreed visitors shall not stay at this dwelling beyond 11:00 p.m. In addition,there shall be no visitors shall stay or sleep within this dwelling overnight.The Board of Health voted unanimously to institute these agreements as part of the conditions imposed for granting an Q: 145 Oak Neck Final Condemnation September 15 2016.docx extension of time to rectify the violations.A copy of the Board of Health decision letter from the March .8,2016 hearing is attached hereto and incorporated by reference herein. According to the testimony elicited at the Board of Health hearing held on March 30,2016,in contravention of the previously issued order,visitors were at this dwelling on March 12,2016 at) approximately 11:00 p.in, as was documented by the Barnstable Police Department in an e-mail dated March 14,2016. Police officers found loud music emanating from the home and discovered two people inside that did not reside there;they were not family members of the people residing there.The two people were identified as Ronald Hopkins and Angela Visceglio.Further,on March 28,2016,a female visitor(non-family member) admitted to a police officer that she stayed in this dwelling overnight. During the public hearing held on March 30,2016,the Barnstable Board of Health voted unanimously the following: • Due to the findings that there is no hot water nor heat provided caused by an inoperable heating system, several portable heaters were being used inside this dwelling, and non-family members were visiting or staying at this dwelling in non-compliance with the agreed upon conditions,the Barnstable Board of Health hereby determines that this dwelling is unfit for human habitation. • Pursuant to M.G.L. c. 127B and 105 CMR 410.831 (D),the Board of Health determines that the conditions within the dwelling are such that the potential danger to the life or health of the occupants of the subject dwelling is such that a deadline of April 12,2016 is established as the last day for any person(s)to occupy this dwelling. In early April 2016,the Director of Public Health provided your attorney,Robert Bianchi,with the contact information for the Housing Assistance Corporation and the Barnstable Housing Authority in order to facilitate a search for alternate housing. During the Board of Health hearing held on May 10,2016,Attorney Robert Bianchi testified that the owner was able to secure an electric hot water heater. The old boiler was removed and a new one was delivered.However the owner again failed to restore the heat; she was unable to secure funding to install a new heating system. Mr.Bianci testified the target date to connect the new heating system was the first or second week in June. After some discussion,the Board voted unanimously to provide the owner additional time to install a new heating system. In any case,heat must be provided on or before September 15,2016. On September 6,2016, a letter was mailed to both you and your Attbmey reminding you to provide heat to this dwelling on or before September 15, 2016. On September 15,2016 at 10:00 a.m. during.the inspection,your representative Robert Haag,verbally stated that you are residing offsite(within a medical facility)and will continue to reside there for the next few weeks. The State Sanitary Code,Chapter II requires heat to be provided from September 15`h until June 15`h each year. This violation remains uncorrected as of this date;this dwelling does not have an operational heating system. Also, electricity and lighting are not provided within this dwelling. BASED ON THE FOREGOING,THIS DWELLING IS CONDEMNED AND ALL OCCUPANTS SHALL VACATE THIS.DWELLING ON SEPTEM 3ER 15,2016. PER ORDWOFBOARD OF HEALTH eel- T o c , . Agent BOARD OF HEALTH TOWN OF BARNSTABLE cc: Robert Bianchi,Esq. Q: 145 Oak Neck Final Condemnation September 15 2016.docx BOARD OF HEALTH MTG SEP 27, 2016 Update — Status Courtney Campeau (not living at address-medical) 145 Oak Neck Rd Hyannis, MA 02601 House posted uninhabitable (no heat, no electricity). CONTACT: Bob Haag (Father) 67 Kates Path Yarmouth Port, MA 02675 508-367-7623 Robert A. Bianchi, Esquire Robert A. Bianchi and Associates 55 Sea Street Hyannis, MA 02601 508-775-0785 Ai , 01.922 l � AI 10/9/2008 '_'J 001 I A280968 0 0 Chaenge NFIRS 1 State Incident Date Station Incident Number Exposur ❑ NO Activity 13aslC - r B El Check this box to indicate that the address for this incident is provided on the 0ildland Fire Location Module in Section B"Alternative Location Specification'.Use only fo`r w, ildland'fire&- � Census Tract I C0 ® Street Address �r i ❑ Intersection 145 OAK NECK ROADS i s �RDD u ❑ In front of Number/Milepost Prefix Street or Highway j° � �: "� Street Type Suffix ❑ Rear of � I JHyannis MA I 02601 ❑ Adjacent to Apt./Suite/Room City / State Zip Code ❑ Directions II `�!! ❑ Cross street or directions,as applicable C Incident Type E1 Dates&Times Midnight is0000 E2 Shifts&Alarms 413 IOiI or other combustible Local Option Incident Type liquid spill Check boxes if Month Day Year Hour Min LA] I Still 3 dates are the L A] Aid Given—Received same as Alarm ALARM always required D Date. Alarm Shift or No OfAlarm�istncl 10 09 2008 16:51 platoon 1 ❑ Mutual aid received I I I I ARRIVAL required,unless canceled or did not arrive 2 ❑ Automatic aid recvn. u I� ® Arrival 10 09 2008 16:57 E3 Special Studies 3 ❑ Mutual aid given TheirFDID StatThele Local Option 4 ❑ Automatic aid give CONTROLLED optional,except forwildland fires 5 ❑ Other aia given ❑ Controlled L— u u U LI h N ® None heir Incident Number Last Unit LAST UNIT CLEARED,required except wittlland fire Special Special ® � 109 � U Study ID# Study Value Cleared 10 2008 17:59 F Actions Taken Gi Resources G2 Estimated Dollar Losses&Values Check this box and skip this section if an 86 1 I1nV0St1gate Apparatus or Personnel form is used. LOSSES: Required for all fires if known. Optional for non fires I ❑ Primary Action Taken(1) None Apparatus Personnel property I I ❑ Suppression 1 4 84 (Refer to proper authority. Contents I I ❑ Additional Action Taken(2) EMS 0 0 PRE-INCIDENT VALUE: optional Other Property I ❑ Additional Action Taken(3) Check box If resource counts include aid ❑ received resources. Contents u�,.:cr,,;�:.a. ,..•—zuczzmzezrs, ✓ws �x ��ru.��a,;:.a..::,r�mon._,.�ra„�z��-x •M;;�:•:;;: •�;,, •;�a.sw :... ,n,.�u.,�»:�•. x�l .. Completed Modules Casualties ® None �..�3 Hazardous Materials Release Mixed Use Property 11 Deaths Injuries N N ❑Fire-2 Fire El NN® Not mixed ❑ Structure-3 Service aura gas:slow leak,no evacuation or HazMat actions 10 U � 1 Natural J ❑ ❑ Assembly Use ❑Civilian Fire Cas.-4 2 ❑ Propane gas: <21 lb.tank(as in home BBO grill) 20 ❑ Education❑ use I InI3 Gasoline:vehicle fuel tank or portable container 33 El Medical use ❑Fire Serv. Casualty-Civilian 0 �J 40 ❑ Residential use El EMS-64 ❑ Kerosene:fuel burning equipment or portable storage 51 ❑ Row Of stores El HazMat-7 Detector ®5 Diesel fuel/fuel Oil: vehicle fuel tankor portable storagEr ❑ Enclosed mall El Wildland Fire-8 2 Required for confirmed fires. 6 Household solvents: Home/office spill,cleanup only 58 ❑ Business&residential ❑ � [I Apparatus-9 ❑ 7 Motor oil:from engine or portable container 59 ❑ office use❑Personnel-10 10 Detector alerted occupants 8 ❑ Paint:from paint cans totaling<55 gallons 60 El Industrial use 63 El Military use 2�,;Detector did not alert them A ❑ Other: Special HazMat actions required or spill>55 gal., 65 ❑.Farm use U❑1 Unknown Please complete the HazMat form 00 ❑ Other mixed use JProperty Use Structures 341 ❑ Clinic,Clinic Type infirmary 539 ❑ Household goods,sales,repairs 342 ❑ Doctor/dentist office 579 ❑ Motor vehicle/boat sales/repairs 131 Church,place of worship 361 161 Restaurant or cafeteria ❑ Prison or jail,notjuvenile 571 [1 Gas or service station [3 162 Bar/tavern or nightclub 419 ❑ 1-or 2-family dwelling 599 ❑ Business office 213 Elementary school or kindergart. 429 ❑ Multi-family dwelling 615 ❑ Electric generating plant 215 High school or junior high ❑ Rooming/boarding house 629 ❑ Laboratory/science lab ❑ 449 ❑ Commercial hotel or motel 700 ❑ Manufacturing plant 241 ❑ College,adult ed. 311 Care fob the aged 459 ❑ Residential,board and care 819 ❑ Livestock/poultry storage(barn) ❑ facility 331 Hospital " :",. ❑ Dormitory/barracks 882 ❑ Non-residential parking garage ❑ 464 519 ❑ Food and beverage sales 891 ❑ Warehouse Outside + 936 ❑ Vacant lot 981 ❑ Construction site 124 ❑ Playground or park 655 Crops or orchard 938 ❑ Graded/cared for plot of land 984 ❑ Industrial plant yard 669 ❑ Forest(timberland) 946 [1Lake,river,stream 807 ❑ Outdoor storage area 419 951 [1 Railroad right of way 919 ❑ Dum or sanity landfill 960 ❑ Other street Look up and enter a Property Use � ❑ p' ry 961 ❑ Highway/divided highway Property Use code only''If 931 Open land or field you have NOT checked a [3 962 ❑ Residential street/driveway Properly Use box: 1 or 2 family dwelling I 1 NFIRS(Revisbn03nlw A280968 - EXP 0, 10/9/20.08 •. ,.... PAGE 1 OF 2 HYANNIS FIRE DEPARTMENT - MFIRS REPORT Person/Entity Involved 1508-428-3379 1 Local Option I. liness name(if applicable) Phone Number Check this box if I Robert I Haag 1 �� w Ae address as incident location. Mr.,Ms.,Mrs. First Name MI Last Name Suffix Then skip the three duplicate address 25 J 1 Heath Row lines. Number/Milepost Prefix Street or Highway Street Type Suffix ' I Marstons Mills 1 Post Office Box Apt./Suite/Room City MA 1 02648 1 State Zip Code ❑ More people Involved? Check this box and attach Supplemental Forms(NFIRS-1S)as necessary. f�2K_ Owner ❑Same as person involved? i Then check this box and skip Local Option the rest of this section. Business name('rf applicable) Phone Number Check this box if sam I I I u I I �J e address as incident location. Mr.,Ms.,Mrs. First Name MI Last Name I I Suffix Then skip the three I I I u u duplicate address II JI lines. � Number/Milepost Prefix Street or Highway Street Type Suffix Post Office Box Apt./Suite/Room City State Zip Code L Remarks: Local Option 1 ITEMS WITH A MUST ALWAYS BE COMPLETED! ® More remarks?Check this box and attach Supplemental Forms (NFIRS-1S)as necessary. M Authorization 198203 1 (Richard A Knowlton 11 Lieutenant / P I Suppression 1 10 1109 112008 Officer in charge ID Signature Position or rank Assignment Month Day Year Check box if same as Officer in - �� charge. � ® 1198203 I (Richard A Knowlton I 1 Lieutenant / P 1 Suppression 10 1 09 2008 Member making report ID Signature Position or rank Assignment Month Day Year A280968 - Exp 0, 101912008 145 OAKNECKROAD page 2 of 2 HYANNIS FIRE DEPARTMENT - MFIRS REPORT 1 U 3 - . � �� I ., El Delete NFIRS - 1S 01522 . u 10/9/2008 j__ , 001 A280968 State * Incident Date /tation Incident Number Exposura ❑ Change Supplemental l! Remarks 145 OAK NECK ROAD We were called by Andy Macallister, Oil Burner technician from E.F. Winslow, requesting our assistance at 145 oak Neck Road. He reported water in the basement with a spill of fuel oil on this water and he did not feel comfortable leaving the property without us being notified. I responded on 823 with F's Pike, Alger-, and Lawrence driving. Arrived on location side alpha with nothing showing. We were met by Mr. Macallister, Mr. Robert Haag - on behalf of the property owner his daughter Courney Campeau, and the occupant Gilmar Deassis. Mr. Macallister escorted us to the basement where we found water on approximately 1/4 of the basement floor. The water was less than 1/2 inch deep but there was a noticeable sheen on the water. The odor of fuel oil was noted throughout the basement. FF Alger checked the basemen with our gas monitor and obtained 0 LEL, 0 PPM CO, and 20.9% 02. Mr. Deassis explained that 2 days ago (10/7/08) he noted that the property had no heat. On 10/8/08 he noted there was no hot water at the property. Mr. Haag was made aware of this and he called a plumber to repair the water leak and then he called E. F. Winslow to repair the heating system. Apparently the water leak was repaired, I did not obtain this workers information. When Mr. Macallister arrived, he cleaned out the plugged boiler and was able to get the heating system to operate but he was not comfortable going any further until the spill was cleaned up. Resting on the floor in front of the oil burner was a soup can with what appeared to be fuel oil in it and it appeared to be full. This may have been the origin of the fuel oil spill. I requested 806 to the 'scene for photos and I also requested the Board.of Health. The Board of Health representative Donna Mibrandi arrived on location. I explained the situation to her and led her into the basement to investigate. We.believed the spill to be minor but clean up should be accomplished. She explained to Mr. Haag that the water/oil should be vacuumed up and disposed of properly. There were several items in the basement that absorbed the water/oil and these items would have to be removed. Mr. Haag called a restoration company and was waiting to hear back from them. No fire danger noted. Mr---Macallister stated he would return to complete the oil burner service once the clean up is complete. 823 secured the scene at'1759J`h`ours and arrived back in quarters at 1805 hours. Richard A. Knowlton, Lieutenant A?,QnogR _ FYD n inlol?nn.Q PVdAIAlTC PTOF IIFDdDTMFAIT MF'TDC OFD()OT DdI,F Y Barnstable Town of Barnstable Board of Health 11.1 edca j 200 Main Street,Hyannis MA 02601 '. �iDTen MA1 2007 Office: 508-862-4644- Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. hJunichi Sawayanagi March 21,2016 Ms. Courtney Campeau 145 Oak Neck Road Hyannis, MA 02601 Dear Ms. Campeau, On Tuesday March 8, 2016, the Board of Health held a public hearing to afford you the opportunity to testify and in order to make a determination as to whether or not the dwelling owned and occupied by.you, located at 145 Oak Neck.Road, should be condemned due to several serious violations of 105 CMR 410.000, State Sanitary Code, Minimum Standards of Fitness for Human Habitation. This property was inspected on February 24, 2016 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable in response to a complaint. The following violations of the State Sanitary Code and Chapter 54 of the Town of Barnstable Code were discovered: 410.190: No hot water provided. 410.200: No heat provided. 105 CMR 410.482: No carbon monoxide detector provided. No smoke detectors provided at the second floor. 54-3 A : Multiple items were stored on the ground, outdoors, which were not screened from public view. These items.included tires, large amounts of old wet phone books, a television, clothes washer, an air conditioner, broken children toys and other sorted debris. The violations of 105 CMR 410.190, 105 CMR 410.200, and 410.482 are also listed under 105 CMR 410.750; thus they are deemed as conditions which could materially impair the health and safety of the occupants. . These violations are required to be corrected within twenty-four (24) hours as per 105 CMR 410.750, State Sanitary Code, Minimum_ Standards of Fitness for Human , Habitation. During the hearing on March 8th, Attorney Robert Bianchi testified that all of the unwanted items were removed from the exterior of the property. The clean-up was verified by the Health Inspector earlier that same day and was reported to the Director. New smoke detectors and carbon monoxide detectors were installed, including at the second floor. He further testified that his client is seeking funding from outside sources in order to purchase a new hot water boiler and heating system. He stated additional time is needed to secure the funds and to install the new system. Q://WP/Campeau 145 Oak Neck Hearing 2016.docx / / I After some discussion, the Board voted unanimously to provide you additional time to install a new hot water boiler and heating system with the following conditions: 1. Due to the use of portable heaters as the only source of heat within this dwelling and the serious safety concerns associated with their use, overnight guests are prohibited. There shall be no guests staying or sleeping at this property overnight. Only the homeowner and her boyfriend are authorized to stay at this property overnight. Specifically only Ms. Courtney Campo and Mr. Matthew Murphy are allowed to stay at this property overnight. No other persons are allowed to stay or sleep at this property. 2. Due to the use of portable heaters as the only source of heat within this dwelling and the serious safety concerns associated with their use, visitors shall be limited to family members only. Socializing or visiting shall cease prior to 11:00 p.m. each evening. 3. Any and all of the portable heaters used at this dwelling shall be equipped with automatic shut-off devices. Each portable heater unit shall automatically turn off whenever the unit is tipped over. ? 4. ,Any combustible items, such as clothing, cardboard, and paper shall be located at least - ten feet away from each portable heater 5. Follow-up inspections will be conducted by a health inspector, accompanied by a police officer, in order to verify compliance with the above conditions and to ensure that there are no additional serious violations present which may impair the health or safety of any of its occupants. These visits may not be pre-arranged or prescheduled with you in advance. Your cooperation in this regard is requested. 6. The violations concerning your failure to provide heat and hot water shall be corrected as soon as possible. A progress report shall be provided by you (the owner) or by your Attorney to the Board of Health within.thirty (30) days. In no case shall these violations remain uncorrected for an extended pefiod of time lasting sixty days-or longer. If you fail to comply with any of the above conditions, the Board of Health may schedule a special hearing to determine whether this dwelling shall be condemned and the occupants shall be vacated from the premises. PER ORDER OF THE BOARD OF HEALTH ay Miller, M.D., Chairman r [LC' c� —Kis 1Lr q�c\ �uor zecQ 11�LS; VUA�YC'_ t' Ce�i2�Jt cc: Robert Bianchi,Esq. QWVR/Campeau 145 Oak Neck Hearing 2016.docx 5�. DATE: March 2,2016 TO: Building File FROM: R. Anderson, Zoning Officer RE: Complaint- Overcrowding LOCUS: 145 Oak Neck Rd, Hyannis ZONE: RB Single family Present: Tim O'Connell,Health, Officer Stephen Estey Reported to the site at 10 AM on Weds. Morning 2/24/16. Conditions dry/sunny. Approx 40 degrees. Property is a single-family with attached garage situated on the corner of Oak Neck Road & Lantern Lane. Arrived at site and was soon accompanied by strong police presence.- Walked around property to check side and rear for reported vagrants. Found garage door open (to viewing) as well as the rear bulkhead door (open in an upright position). Side yard contained an uncovered boat, misc. debris including appliances and a collection of old saturated phone books in plastic bags. This pile was scattered along the rear side yard fence. Found uncovered hot tub/spa next to rear deck. We were alerted about 15 minutes later that property owner Courtney Campeau nee Haag responded at the front door. She admitted us into the dwelling but did not allow the police inside. Ms Campeau was cordial but appeared slightly disoriented. She had a series of stars tattooed up her neck and I noticed a child's crayoned drawing of a star framed and displayed on the wall. She appeared to have some old bruising around her eye and on her arms. The living room was sparsely furnished and oddly devoid of any items indicating normal activity or use. This was especially noticeable after we were advised that the previous night involved entertaining guests. This is the only common leisure area and it contained a couch, love seat, coffee table and wall-mounted TV. Ms Campeau stated she resides at the dwelling with her fiance Matthew Murphy. Her children do not reside with her. There are no dogs. She has a cat. -Ms Campeau advised that she used to rent out two rooms but no longer does as she currently has no heat or hot water. However, on this morning, she stated that she has two guests that stayed overnight and were still sleeping in one of the downstairs bedrooms. She asked us not to bother them. We did not disturb the occupants in the guest room but we did look into the vacant l"floor bedroom. It was unfurnished although a bare mattress and./blanket were on the floor. We were advised that Ms. Campeau and Mr. Murphy use't`he�upstairs bedroom. .� r l After about 10 - 15 minutes, Mr. Murphy came downstairs and joined us. Tim discussed the situation and procedural process concerning how Health must deal with the now admitted lack of heat and hot water. Mr. Murphy stated the furnace has a cracked heat exchanger and it would be thousands of dollars to replace it. He stated it cannot be repaired and he added that this is his profession so he is very aware of the costs of repairs and replacement costs. Although, the heating system was noted to be defunct,the house did not seem unusually cold on this occasion. Ms. Campeau stated they use portable heating units. We asked to see the upstairs bedroom and they agree to allow us access. We walked through the kitchen to the second story stairway. There were obvious signs of neglect and wear in this part of the house and its appearance did not mirror the living room. The counter space and immediate areas were cluttered with food items, food remnants, pet food and kitty litter. Ms. Campeau stated that the master bedroom was formerly an attic storage area that was converted a few years ago. The upstairs was noted to also contain a sitting area, walk-in closets, and a bathroom. The room was very warm—heated with space heaters. Extension cords were noted in various locations on the floor. Dirty dishes, ash trays, cups, and candles were noted on the coffee table. A wall mounted TV hung over the stairs opposite of the bed. Illuminated lights in the shape of stars were strung along the front wall. A smoke detector was missing from the ceiling. Staff also requested access to the basement on this occasion. Mr. Murphy led us outside to the open bulkhead. We found the lower level to be a typical unfinished cellar. This area did not contain an operable smoke/CO detector. The oil-fired furnace appeared to be in deteriorated condition. The cracked heat exchanger was pointed out by Mr Murphy who repeated that heating is his area of expertise. Evidence of a recent oil leak(less than 10 gallons) was noted in the area between the oil tank and the furnace. Mr. Murphy stated that when the leak was discovered, the feed was shut off thereby preventing additional spillage. Inspector O'Connell directed him to cover the stain with kitty litter and reminded him that there was a supply of kitty litter upstairs. Mathews agreed to cover the stain &replace batteries in smoke/CO detectors or install replacements as necessary. Prior to departure, we discussed the existing situation including the lack of heat and hot water. Inspector O'Connell explained the notification process with both the property owner and Mr. Murphy. Ultimately, we were assured that Ms. Campeau and Mr. Murphy would come into the office after 3 PM (same day) in order to pick up the letter and bring it to Fuel Assistance. It was assumed that the notice would elevate their application to emergency status and release the necessary funds to/repair/replace the furnace. As of t 4:30 PM on the same date no one had appeared to collect the letter. A registered letter, return receipt requested was sent out at the close of the business day. A copy was provided to Officer Stephen Estey of BPD for hand delivery. Confirmation of service was sent over by Sgt. Challies on Monday, 2/29/16. ' Late in the afternoon on 2/29, the property owner's father contacted the Health Division. An appeal was submitted on the same date and arranged to be included on the next agenda. Staff has been notified of numerous police responses to the subject property between 2/24 and 3/416. Town of Bamstable, MA Page 1 of 1 kv 4" Town of Barnstable,MA Monday,March 21,2ot6 y Chapter 133. Noise § 13 3-1. Responsibility for noise violations by person in charge of or owning premises. [Amended 3-21-2013 by Order No.2013-0351 It shall be unlawful for any person or persons occupying or having charge of or owning any building, dwelling,structure,premises,shelter,boat or conveyance or any part thereof in the Town,to cause or suffer to allow any unnecessary,loud,excessive or unusual noises in the operation of any radio, phonograph or other mechanical or electronic sound making device or instrument,or reproducing device or instrument,or in the playing of any band,orchestra,musician or group of musicians,or in the use of any device to amplify the aforesaid,or the making of loud outcries,exclamations or other loud or boisterous noises or loud and boisterous singing by any person or group of persons or in the use of any device to amplify the aforesaid noise,where the noise is plainly audible at a distance of 150 feet from the building,dwelling,structure,premises,shelter,boat or conveyance in which or from which it is produced.The fact that the noise is plainly audible at a distance of 150 feet from the building,dwelling, structure,premises,shelter,boat or conveyance from which it originates shall constitute prima facie evidence of a violation of this chapter. § 133-2. Responsibility for noise.violations by persons j present on premises. It shall be unlawful for any person or persons being present in or about any building,dwelling,structure, premises,shelter,boat or conveyance or any part thereof,other than that section of any establishment licensed under Chapter 138 of the General Laws,who,shall cause or suffer or countenance any loud, unnecessary,excessive or unusual noises,including any loud,unnecessary,excessive or unusual noises in the operation of any radio,phonograph,or other mechanical or electronic sound making device,or instrument or reproducing device or instrument or in the playing of any band,orchestra,musician or group of musicians,or the making of loud outcries,exclamations or other loud or boisterous noises or loud and boisterous singing by any person or group of persons,or in the use of any device to amplify the aforesaid noise,where the aforesaid noise is plainly audible at a distance of 15o feet from the building,dwelling,structure,premises,shelter,boat or conveyance in which or from which it is produced.The fact that the noise is plainly audible at a distance of 150 feet from the building,dwelling, structure,premises,shelter boat or conveyance from which it originates shall constitute prima facie evidence of a violation of this chapter.Any person shall be deemed in violation of this chapter,who shall make,or aid,or cause,or suffer,or countenance,or assist in the making of the aforesaid and described improper noises,disturbance,breach of the peace,and the presence of any person or persons in.or about the building,dwelling,structure,premises,shelter,boat or conveyance or any part thereof during a violation of this chapter shall constitute prima facie evidence that they are a countenance to such violation. 75 1 . http://ecode360.com/prmntBA204 3.guid=655 0 ,6557502 3/21/2016 Max. 4. 2016 10: 55AM No. 1141 P. 2 Town of stable PauflB. MacDonald Chief of Poliae PoUe Departm,eiat Craig A Tamash Deputy Chief Malls: (508)775-0387 AA() � Fax: (508) 790-6317 �A ' 'nis M•A026K www.bamstableporiice.com SUBJECT: 145 Oak Neck Road, Hyannis FROM: Sergeant Jason Laber DATE: March 3,2016 To whom this may concern, On Thursday March 3, 2016 at 3:00 AM multiple officers of the Barnstable Police Department responded to 145 Oak Neck Road,Hyannis for what was initially reported as a disturbance, Officers arrived and observed a middle aged male bleeding profusely'from the head. He was treated by Hyannis Rescue and transported to Cape Cod Hospital. Officer's initially identified the homeowner as Courtney Campos. Ms. Campeau was extremely upset and uncooperative with police. She initially refused to allow police entry to her home for follow-up investigation. Note that police received statements that the attacker was hiding inside the house. After further consultation,Ms. Campeau consented to a search of the home. The home appeared to be inhabited by multiple individuals. We observed there to be at least five individuals inside the home during our investigation(refer to 16-463-AR). Two of those individuals were arrested for their part in the above referenced disturbance. During our investigation,I observed the following: , • house in disarray(unkempt) • space heaters being used throughout the home for heat • bathtubs being used as a sinks (dirty dishes stacked in the tub) • open alcohol bottles in bedrooms Respectfully submitted, �Sergeant Jason Laber Serving the p11agras of 13amAabIe,Ceiltelville,Catuit,,itlgmds,AlYarstons Mills,Ostorvft,axtd West Bannb ble Town of Barnstable P�OFSHE T�ti . o� Regulatory Services BARNSrABLE, • Richard Scali,Director 9�A MASS. Public Health Division Thomas McKean,Director 200 Main Street, Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Certified Mail #7014 1200 0001 0358 3728 February 24, 2016 Courtney Campeau HAND DELIVERED 2/24/16 : 145 Oak Neck Road Hyannis,MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE U—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned and occupied by you located at 145 Oak Neck Road, Hyannis was inspected on February 24, 2016 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable. .This visit was in response to a complaint received by the Town of Barnstable Health Department. The following violations of the State Sanitary Code were discovered: 410.750 (A): Failure to provide hot water in accordance with 410.190. 410.750 (B): Failure to provide heat in accordance with 105 CMR 410.200. 105 CMR 410.482- Smoke Detectors. Smoke Detector and Carbon Monoxide missing on second floor. You are directed to correct the violations listed above within twenty four (24) hours of your receipt of this notice. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 54 Building and Premises Maintenance were observed: 04-3 (A) Outdoor Storage Multiple items are being stored outdoors on this property which are not screened from public view. These items include: tire, large amount of old wet phone books, TV, clothes washer, air conditioner,broken children toys and other sorted debris. You are directed to correct the violations within (15) days of receipt of this order letter by removing said items and disposing them properly or putting them into an enclosed structure. Q:Order letters\Housing-Motel Violations\145 Oak Neck Rd Hy F62016.doc 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. However, these violations must be corrected within twenty four hours regardless of any request for a hearing 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. RDER OF THE BOARD OF HEALTH as A. McKean,R. Director of Public Health Town of Barnstable Feh. 29. 2016 1 . 36PM No.. 1120 P. 2 Barnstable Police Department cage: 1 Call Number Printed: 02/29/2016 For Date: 02/27/2016 - Saturday Call Number Time Call Reason Action PrI0371ty Duplicate 16-8574 1556 Initiated - SUMMONS, SERVE 8ERVED IN HAND 3 Call Taker: 293 - PTL. KYLE S PHELAN Call Modified By: 199 - SGT_ MICHAEL L RILEY Location/Address: (HYA) 145 OAK NECK RD Initiated By: 223 - PTL. KYLE S PHELAN Unit: 223 PTL_ KYLE S PHELAN Arvd•-15:57:05 Clyd--16:07:11 Surrrmris C ,rl I to S51 t f eh. 29. 2016 1 ,36PM No. 1120 P. 3 Barnstable Police Department rage: 1 Call Number Printed: 02/29/2016 For Date: 02/27/2016 -- Saturday Call Number Time Call Reason Action Priority Dyzliaate 16-9551 0701 Initiated - SUMMONS, SERVE UNABLE," TO SERVE 3 Call Taker: 111 - PTL. KURT LARIVIERE Locat:Loa/Address: (HXA) 145 OAK NECK RD Initiated By: 225 - PTL. KURT LARIVIERE Unit: 225 PTL. KURT LARIVIERE Arvd-07:02:38 Clyd-07:11:56 Narrative: 02/27/2016 0705 PTL_ KURT LAR RE Board of Health notice of violations state sanitary code. Narrative: 02/27/2016 0710 PTL. KURT LARI IgRE No answer at door. Unknown if anyone home. Blue SUV backed into driveway. Fe-l . 29, 2016 1 : 36PM No. 1120 P. 4 Barnstable Police Department Page: 1 Call Number Printed: 02/29/2016 For Date: 02/2.4/2016 - Wednesday. Call Number Time Call Reason Action Priority Duplicate 16-8012 0900 Initiated - ASSIST, OTHER AGENCY CITATION/WARNING ISSUED 2 Call Taker: 175 - PTL. STEPHEN 0 ESTEY Call Closed By: 275 PTL. CHRISTOPHER A BOTSFORD 02/24/2016 1130 Call Modified By: 275 - PTL. CHRISTOPHER A BOTSFORD Location/Address: (HYA) 145 OAK NECX RD Initiated By: - PTL. STEPHEN 0 ESTEY Unit: 333 PTL. STEPHEN' 0 ESTEY Arvd-09:08:00 Clyd-11:29:43 Cleared By: 275. - PTL. CHRISTOPHER A BOTSFORD Location Change: (HYA 33611 33 STETSON ST PROBLEM PROPERTY - 33 STETSON ST [Modified: 02/24/201610541 Unit: 221 PTL. JOHN L CAMPBELL Disp-10:06:51 Arvd-10:06:54 Clyd-11:25:41 Dispatched By: 271 - PTL. CHRISTOPHER R ROSS Arrived By: 271 PTL. CHRISTOPHER R ROSS Cleared By: 189 - PTL. JOHN L CAMPBELL Location Change: (HYA 3361] 33 STETSON ST PROBLEM PROPERTY - 33 STETSON ST (Modified: 02/24/201610541 Unit: 102 D.C. MATTHEW K SONNABEND Disp-10:07:39 Arvd-10:07:41 Clyd-11:29:41 Dispatched By: 271 PTL. CHRISTOPHER R ROSS Arrived By: 271 - PTL. CHRISTOPHER R ROSS Cleared By: 275 - PTL. CHRISTOPHER A BOTSFORD Location Change: [HYA 33611 33 STETSON ST PROBLEM PROPERTY 33 STETSON ST (Modified: 02/24/20161054] Vehicle Entered By: 02/24/2016 1023 152 - PTL. JOHN F CORBETT Vehicle: WHI 1998 DODG RAM150 BR6L62 Reg: PC MA 1DJ575 VIN: 1B7HF16Y4WS591502 Operator: CAMPBELL, MATHEW P @ 39 CLIPPER CIR - SANDWICH, MA 02563-5403 Sec: M Owner: CAMPBELL, MATHEW P @ 39 CLIPPER CIR - SANDWICH, MA 02563-5403 Vehicle Entered By: 02/24/2016 1024 152 - PTL. JOHN F CORBETT vehicle: 13LU 2010 HOND SE ACCORD. CP2F4A Reg: PC MA 312ZZ9 VIM: 1HGCP2P'45AA015654 Operator: CHRISTIE, SUSAN M @ 800 BEARSE'S WAY Apt. #(5EG - HYANNIS, MA 02601-0000 Sex: F Owner: CHRISTIE, SUSAN M @ 900 BEARSE'S WAY Apt, #5EG - HYANNIS, MA 02601-0000 Narrative: 02/24/2016 0909 PTL. STZPHE14 O ESTEY BIRST INSPECTION Narrative: 02/24/2016 1130 PTA,. CIYRISTOPHER A BOTSFORD Ch.160 violation issues. i u � i 1 Or The Board voted to grant a 90-day extension which changes the connect?Qp deadline to July 31, 2016. }t. i'�-� V. Hearing — Housing: Courtney Compeau, owner, and Robert Haag — 145 Oak Neck Road, Hyannis, without heating system, owner occupied, requesting extension from housing code working on financing and replacing boiler. k GRANTED A CONTINUANCE WITH CONDITIONS. ' Courtney Compeau said she has applied to the Housing Authority for financial assistance with the cost of the furnace ($4,500) and with fuel assistance. Matt Sullivan, Deputy Police, said that the police are making inspections and will be reporting back to the Board. He will be watching the situation. The Board voted to grant a continuance for 60 days to May 10, 2016 to allow Courney Compeau and Matthew Murphy to live in the house with the following conditions in effect until the furnace has been replaced and,there is heat and hot water: 1) no overnight guests, 2) any space heater in use must CO automatically turn off if tipped, 3) must curtail social visits at house - limit to k family, when possible, and when visitors do come, make sure they leave by 11 pm, 4) there will be unannounced inspections from the health division and through the police. 5) The Board will schedule an emergence.meeting, if necessary, should there be any further issues, and 6) Courtney will supply an interim report to the Health Division in 30 days with the status of the boiler replacement.khe Board requested„the.variance-letter.to be,strongly worded prohibiting more than the two people sleeping there. VI. Hearing — Food (Continued): David Lawler, Attorney, representing Joann Lucas and Panagis Kappatos, owners of Egg & I Restaurant, 521 Main Street, Hyannis, review of food procedures prior to renewal of food permit 2016. CONTINUANCE TO APRIL 12, 2016. Attorney David Lawler said the owners have sold the truck. They will either buy a new truck or have products delivered to them. The owners are not ready to open for the season at this time - expect to open late April. They will be having their consultant (Kon Consulting) meet with the Health Division as previously requested. The Board voted to grant a continuance to the April 12, 2016 meeting at which point, the owners anticipate they will have already received Mr. McKean's and the inspector's approval to operate. t VII. Hearing — Show Cause: Motel: Page 3 of 4 BOH 3/08/16 KE tT�, Town of Barnstable Barnstable MRNSr^B Board of Health mac i Eon 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. JunichiSawayanagi April 1, 2016 Ms. Courtney Campeau 145 Oak Neck Road Hyannis, MA 02601 FINDING THAT YOUR DWELLING IS UNFIT FOR HUMAN HABITATION; NOTICE OF CONDEMNATION AND ORDER TO VACATE THE PROPERTY Note: This is an important legal document. It may affect your rights. On March 8, 2016 and again March 30,2016,the Town of Barnstable Board of Health held public hearings regarding serious violations of 105 CMR 410.000, State Sanitary Code,Minimum Standards of Fitness for Human Habitation observed at the property owned by you located at 145 Oak Neck Road, Hyannis. Attorney Robert Bianchi, Esq., was present at both hearings representing you, his client Ms. Courtney Campeau, owner of the dwelling.You, Ms. Courtney Campeau were also present during both hearings. In accordance with M.G.L. c.I 11, sec. 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, Timothy O'Connell,R.S., Health Inspector for the Town of. Barnstable, on February 24, 2016 and again on March 28, 2016 conducted inspections of a property located at 145 Oak Neck Road,Hyannis,MA. During both inspections,the following violations of 105 CMR 410.00 were observed: 410.190: Failure to provide hot water; hot water system inoperable. 410.200: Failure to provide heat; heating system inoperable. These violations remain uncorrected as of this date. These conditions are also violations of Section 410. 750 which are conditions deemed to endanger or impair the health or safety of the occupants and must be corrected within twenty-four(24)hours. I , C:\Users\mckeant\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\NCPKRXAL\145 Oak Neck Road Condemnation and Vacate Decision.docx r You were originally ordered to correct these violations within twenty four(24) hours of your receipt of this notice. Within ten days,you requested a hearing,which was held on March 8, 2016. During the hearing held on March 8, 2016, due to the use of portable heaters,the owner agreed to ensure that there will be no visitors at this dwelling, except for family members. Also, due to the use of portable heaters, it was agreed visitors shall not stay at this dwelling beyond 11:00 p.m. In addition,there shall be no visitors shall stay or sleep within this dwelling overnight. The Board of Health voted unanimously to institute these agreements as part of the conditions imposed for granting an extension of time to rectify the violations. A copy of the Board of Health decision letter from the March 8, 2016 hearing is attached. However, according to the Police Department via e-mail dated March 14, 2016,visitors were at this dwelling on March 12, 2016 at approximately 11:00 p.m. Police officers found loud music emanating from the home and discovered two people inside that did not reside there;they were not family members of the people residing there. The two people were identified as Ronald Hopkins and Angela Visceglio. Then on March 28,2016, a female visitor(non-family member)admitted to a police officer that she stayed in this dwelling overnight. During the public hearing held on March 30, 2016,the Barnstable Board of Health voted unanimously the following: • Due to the findings that there is no hot water nor heat provided caused by an inoperable heating system, several portable heaters were being used inside this dwelling, and non-family members were visiting or staying at this dwelling in non-compliance with the agreed upon conditions,the Barnstable Board of Health hereby determines that this dwelling is unfit for human habitation. • Pursuant to M.G.L. c. 127B and 105 CMR 410.831 (D),the Board of Health determines that the conditions within the dwelling are such that the potential danger to the life or health of the occupants of the subject dwelling is such that a deadline of April 12, 2016 is established as the last day for any person(s)to occupy this dwelling. This order to vacate was delayed until April 12th in order to provide the occupant(s)time to find alternate housing. The Director of Public Health provided your attorney, Robert Bianchi,with the contact information for the Housing Assistance Corp and the Barnstable Housing Authority in order to facilitate that search. This dwelling is condemned and all occupants shall vacate this dwelling on or before Tuesday April 12,2016. PER ORDER OF THE BOARD OF HEALTH Wayne Miller,M.D. r Chairman BOARD OF HEALTH TOWN OF BARNSTABLE Cc: Thomas Perry,Building Commissioner,Town of Barnstable Ruth Weil,Town Attorney,Town of Barnstable C:\Users\mckeant\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\NCPKRXAL\145 Oak Neck Road Condemnation and Vacate Decision.docx SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 0 comp*160 s 1,2,and 3. A. Siqoature ' k" E Print your name and address on the reverse x 0 Agent �j 0 Addressee so that we can return the card to you. I tn alive 0 Attach this card to the back of the mailpiece, B. Received by(Ptinte y4 o C. DateofD -ry. or on the front if space permits. zlt� 1. Article Addressed to: D. Is delivery address different from item 1? 1:1 Yes If YES,enter delivery address below: [3 No Ms. Cou peau 145 Oak N6' -oad Hyanji-is,MA 02601 3' Service Type El Priority Mail&press& 0 Adult Signature 0 Registered Mail TM 0 Adult Signature Restficted Delivery 0 Registered Mail Restricted D Certified,Mail@ Delivery Q90 9403 0922 5223 8276 63 0 Certified Mail Restricted Delivery 0 Return Receipt for 0 Collect on Delivery Merchandise — 0 Collect on Delivery Restricted Delivery 0 Signature ConfirmationTm `014 12 0 Insured Mail p Signature Confirmation 00 0001 0358 4.169, 0 Insured Mail Restricted Delivery Restrictea�Oalivery (over$500) Ps Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt First Class Mail Postage&Fees Paid 'USPS Permit No.G,10 I 9590 9403 19 �5223 8276 63 I I United States •Sender:Please print your name,address,and ZIP+4®in this box* I Postal Service I { Town of.Barnstable Health Division i 200 Main Street Hyannis,MA 02601 �� rasti Town of Barnstable o� Regulatory Services +. RA"STABLF- MAS& Richard Scali,Director 1639. pTf°""°gyp Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 July 11, 2016 Ms. Courtney Campeau 145 Oak Neck Road Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 145 Oak Neck Road, Hyannis, MA was inspected on July 11, 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 Town of Barnstable The following violations of the State Sanitary Code were observed: 105 CMR 410.500 —Owner's Responsibility to Maintain Structural Elements Observed two broken glass pane's on garage door. The following violations of the Town of Barnstable Code were observed: §544. Stagnant Water. Observed a hot tub with stagnant water within it and not covered. You are directed to correct all the State Sanitary Code violations listed above within thirty (30) days of your receipt of this notice and fourteen (14) days to remove water from hot tub and cover it. 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. However, said violations must be corrected within seven (24) hours regardless of any request for a hearing. 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. P ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable FORM 30 C&w HOBBSB WARREN TM THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH �4.lLN S'UaQ,C.� CITY/TOWN W �f9AL�l�1 DEPARTMENT 20 o NVi k o,� �-� �1�r A H kS, 1�AA b Z6o ADDRESS GSM s0y`0 �� TELEPHONE Address 144 1 d A k IN 6uC.t.t- f4xO Uccupant� SI A N Floor `— Apartment No. No.of Occupants- No.of Habitable Rooms C2 No.Sleeping Rooms_ No.dwelling or rooming units No.Stories Name and address of ownerZ*C� �A t�Z.o--a (Lg�*Zk L,4,1 LL. Remarks Reg. Vio. YARD Out Bld s.: Fe Aces: Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: 0-� I Dual Egress:and Obst'n.: iFYIc,,,,, t 1xo2 bGx 4t& 'Z ❑ B ❑ F ❑ M Doors,Windows: E IL f.1 'NJ 41b 2_ Roof To D Ltl,_ Gutters, Drains: Walls.- Foundation: Sc Zito Chimney: BASEMENT Gen.Sanitation: Dampness: Stairs: Lighting: STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: Hall Lighting: Hall Windows: HEATING Chimneys: Central ❑ Y ❑ N Equip. Repair TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels, Meters,Cir.: ❑ 110 ❑ 220 Fusing,Grnd.: AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: O o VL ft Opt/ DWELLING UNIT 1 N ? ✓1 Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom t Ss l S '� v Pant e1— K lU qgoo Den 1 `•• a—t- Living Room Bedroom 1 6F- Qao Bedroom 2 (o S f Bedroom Z t Bedroomlob Hot Water Facil. .Ten.,Gas, Oil, Stacks, Flues;Vents,Safet s: Kitchen Facilities Sink Stove Bathing,Toilet Facil. '---Vent., Plumb.,Sani ' Wash Basin, Shower or Tub: Infestation Rats, Mice, Roaches or Other: Egress Dual and Obst'n: General Building Posted -To L_ pr2STD Locks on Doors: ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR.(See Over) "THIS INSPECT N REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALT7/0 PERJU " INSPECTOR TITLE T".S s-C-ZOA DATE 417 G TIME 111*0 A.M. THE NEXT SCHEDULED REINSPECTION P.M. 410.750: Conditions Deemed to Endanger or Impair Health or Safety 9 P Y The following conditions,when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises. This listing is composed of those items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the occupants or the public. Because Chapter 11, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for situation t m not do so habitation, an other violation has the potential'to fall within this cate or in an given specific but a humanY P 9 .Y Y 9 : Y in every case and therefore is not included in this listing. Failure to include shall-in no way be construed as a determination that other violations or conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to include affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature; both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B)and 410.202. (C) Shutoff and/or failure to restore electricity or gas. (D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com- mon area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1)and 410.300. (G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452. (H) Failure to comply with the security requirements of 105 CMR 410.480(D). (1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar- bage, rubbish, filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. (J) The presence of leadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.) (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety. (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating, gas-fitting and electrical wiring standards or failure to maintain such facilties as are required by 105 CMR 410.351 and 410.352, so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (M) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353. (N) Failure to provide a smoke detector required by 105 CMR 410.482. (0) Any of the following conditions-which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: (1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either inoperable. (2) Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3)or any defect which renders them inoperable. (3) Any defect in the electrical, plumbing or heating system which makes such system or any part thereof in violation of generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard. (4) Failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A)and 410.503(B). (5) Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con- dition which may endanger or materially impair the health or safety and well-being.of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the Board of Health. r a 'Citizen Web Request Page I of 3 - [A. a?'t s fd'.�`.� '.yyyy� ass Si �� j) ✓ lot � �. AR�(aS,�) �PIIF� �^ '� i � F �•*^d' � .> Lid d � �J (,1fP#'-fit �" .fir s `� ..,'' c.✓ U`•' a`_,�,"y.;�`f, -' �?•,• 'sac a* „t •? G€�-e [n its" s Management "I =:*;, Request Information Request ID: 22329 Created: 10/10/2008 10:25:55 AM ...... .............._........._......_....__._.......... __.._ Status: Assigned To Staff Assigned To: O'Connell,Timothy Health Office Anonymous: No Request Category: Chapter II : Housing Substandard Routine work: No Estimate: No Date scheduled: Estimated 10/27/2008 Change Estimated Sep October 2008 Nov Completion Completion Date: Date: Sun Mon Tue Wed Thu Fri Sat 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2.7 28 29 30 31 1 2 3 4 51 6 71 8 Created By: Wadlington, Ellen Priority: Medium Health Office Citation Numbers: esuestor Information ._......._................._..._............_.........._.........._..........._..........................._..._.... ..............._................................ ._....._.._............................_....._..._...........--...._........................................................_........._..................._..._............_........_........................... Requestor Request Parcel Number Call from HYA Fire Dept., oil leak {Map: 307 Block: 111 Lot: from a faulty oil burner, due to be cleaned and repaired today. Parcel Lookup Unregistered rental, only one some detector out of three worked and no carbon monoxide detector. Three http://issgl2/lntemalWRS/WRequest.aspx?ID=22329 10/10/2008 Citizen Web Request Page 2 of 3 bedroom house with three adults and three childen. Quickley did a housing check. Spill being clean up probably by tenant w/shop vac and absorbant for oil. Tenant is Gilmar Deassis, 508- 360-7138. Owner is Courtney Campeau, her father Mr. Haag was on site, 508-428-3379. Email: Edit Track Request Progress Request Work History: Internal Note History: 3 System entry on 10/10/2008 10:25:55 AM: RelatedRequest_22328 3 System entry on 10/10/2008 10:25:55 AM: Assigned to O'Connell, Timothy Enter work progress: Enter internal note: (Viewed by everybody) (Viewed internally only) Lj ( l04 Spell Check �` Spell Ghee�' - .........................................._. ...................._._...._.................__.......... --- Add document or image link: Browse e-d can also type in a foi er name to see everything in the folder Current Links: http://issgl2/lntemalWRS/WRequest.aspx?ID=22329 10/10/2008 ~Citizen Web Request Page 3 of 3 Time worked on request: Response time: 0_ _V Time entries are in hours. Fxarnples of time entries: 1.25, 0.5, O gt .t, a. , 0,2 , 0.10 Response t?rrti.: Mea--sure€ €ro''"?, the creation date to your first,actions on the request. Do not include nights, weekends, and holidays in response tirne for most depaTtments, Save changes Check to notify town employee below g Save changes and notify to review this request.vv Health Office citizen* -- Cabot Jaime 0 Close request - -- ,— - _ _..__ �� _ .. Close request and notify citizen* Brief message to reviewer:_ -- 5 *notify works if email address was given �.y 1 _ ; ------------- Update Spell Checker Public Use: Printer Friendly Version Internal Use: Printer Friendl_y__yersion http://issgl2/lntemalWRS/WRequest.aspx?ID=22329 10/10/2008 Health Master Detail Page 1 of 1 �9 M 7 AX ....:TL wf ed A As' t:,,i'x vi£`3`: CaY3I-Ie'. Health Master DetailClccoD Parcel Septic Pere ��1 fell u.eS Tank Parcel: 307-111-0 1 Location: 145 OAK NECK ROAD, HYANNIS Owner: CAMPEAU, COURTN Business name: Business phone: Rental property: Deed restricted: .` Number of bedrooms Contaminant released: Fuel storage tank permit: Save Farces Changes Return to Lookup Parcel Info Parcel ID: 307-111-001 Developer lot: I...OT 1. Location: 145 OAK NECK ROAD Primary frontage: Secondary road: Secondary frontage: Village: HYANNIS Fire district: HYANNIS Sewer acct:3247 Road index: 1118 Interactive map ' Town zone of contribution:AP (AgUifer' Protection Overlay District) State zone of contribution:OUT vvner Info Owner: CAMPEAU, COUKI NEY E Co-Owner: Streetl: 145 OAK NECK RD Street2: City: HYANNIS State:MA Zip: 02601 Cc Deed date:2/15/12007 Deed reference: 21783/186 Land Infra Acres: 0.29 Use: Single Fain MIDL-01 Zoning: RB Neighborhood: 0 Topography: Level Road: Paved Utilities: Public Water,Gas,Septic Location: Construction Info Building N y19=' at r,.r i f...,.r. {:;E r'<�::ms BFftooim 1 39 1635 13 Bedroomsl Full + 1H Buildings value:$138,000.00 Extra features: $2,400.00 Land value: $145,900,00. http://issgl/intranet/healthMaster/HealthMasterDetail.aspx?ID=307111001 10/10/2008 a le--fio AV c F LOU) (N�x-r� SOS - � UPCArJoF �/l; 331 � � co� 2lh��y CA'mPEfl � aSN��N�'an1 � ia �lres Wt --65 . LEL - o so - � n`�fif Wadiin ton, Ellen From: ' randi, Donna Sent: Friday, October 10, 2008 9:24 AM To: Wadlington, Ellen Subject: FW: Call out by Hyannis Fire Dept. Hi Ellen, When you get a minute can you please put this in the complaint database and assign it to me since I got called out last night by the Hyannis Fire Dept. Thanks. Donna -----Original Message----- From: Miorandi, Donna Sent: Friday,October 10,2008 9:22 AM To: McKean,Thomas Subject: Call out by Hyannis Fire Dept. r-^ Tom, Last night(10/9/08) 1 got a call from the Hyannis Fire Dept. for an oil leak in the basement at 145 Oak Neck Road, Hyannis. I responded and Lt. Richard Knowlton , Lt. Don Chase et al of HYFD were on the scene. Also there were the tenants of this unlicensed rental- I notified Tim O'Connell of this. It is a 3 BR house with 3 adults living in it and three children, 13, 12 & 5. The source of the oil was from faulty oil burner which EF Winslow was to come out late last night or today to clean the oil burner and get heat and hot water back on today. The water and oil is being cleaned up probably by the tenant with a shop vac and absorbent for the oil. The tenants name is Gilmar.Deassis, phone number is 508-360- 7138. The owner's father, Mr. Haag was on site-phone number 508-428-3379 (formerly owned Steamers). The owner, Courtney Campeau lives in Marstons Mills but is in some sort of rehab. After Fire Dept. left the scene I did a quick housing inspection for smoke detectors. Out of the 3 that are in the house only one was working and there is NO carbon monoxide detector. If time avails I shall try to do a follow-up today but Tim should be doing a full rental inspection soon once it gets registered as a rental. Tom, I'll have Ellen put this in complaint database as well. Donna Miorandi, R.S. i • • C PLETE THIS SECTION ON DELIVERY ,E Complete items 1,2,and 3.Also complete A. nature item 4 if Restricted Delivery is desired. Agent X ■ Print your name and address on the reverse Addressee so that we can return the card to you. B. c�e/ive by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, v;,�V y � or on the front if space permits. D. Is delivery addreesss' iffeN8nt from item 1? ❑Yes 1. Article Addressed to: If YE%enter delivery address below: No Ce 3. Se ce Type n � o tified Mail ❑Express Mail 'Registered ❑Return Receipt for Merchandise / ❑.Insured Mail . ❑C.O.D. 4: Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number - (transfer from service►abeq 7 012 1010 0000 2848 2152 PS Form 3811,February 2004 Domestic Return Receipt_ 102595-02-M-1e40 I EUNITED STATES POSTAL SERVICE First-Class Will Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, pnd ZIP+4 in this box • d 1�a d-t I i I i I I i P�pFSHErp�" Town of Barnstable Barnstable x 13Aft\STABLE. MASS. = Board of Health 039, .� a D AlFO MAt A' 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi Certified Mail# 7012 1010 0000 2848 2152 NOTICE OF CONDEMNATION AND ORDER TO VACATE THE PROPERTY April 5, 2016 Ms. Courtney Campeau 145 Oak Neck Road Hyannis, MA 02601 Dear Ms. Campeau: On March 8, 2016 and again on March 30, 2016,the Town of Barnstable Board of Health held public hearings regarding serious violations of 105 CMR 410.000, State Sanitary Code,Minimum Standards of Fitness for Human Habitation observed at the property owned by you located at 145 Oak Neck Road, Hyannis. Attorney Robert Bianchi, Esq., was present at both hearings representing you, as owner and occupant of the dwelling. Attorney Bianchi was provided with the opportunity to offer evidence on your behalf. You were also present and testified during both hearings. In accordance with M.G.L. c.I 11, sec. 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Cade, Chapter II: Minimum Standards of Fitness for Human Habitation, Timothy O'Connell,R.S., Health Inspector for the Town of Barnstable, on February 24, 2016 and again on March 28, 2016 conducted inspections of a property located at 145 Oak Neck Road, Hyannis, MA. During both inspections, the following violations of 105 CMR 410.00 were observed: 410.190: Failure to provide hot water;hot water system inoperable. 410.200: Failure to provide heat;heating system inoperable. These violations remain uncorrected as of this date. These conditions are also violations of Section 410. 750 which are conditions deemed to endanger or impair the health or safety of the occupants and must be corrected within twenty-four(24)hours. You were originally ordered to correct these violations within twenty four(24)hours of your receipt of this notice. Within ten days, you requested a hearing, which was held on March 8, 2016. During the QQ:\WPFILES\145 Oak Neck Road Condemnation and Vacate DecisionFfNAL.docx hearing held on March 8, 2016, due to the use of portable heaters, you, as the owner, agreed to ensure that there will be no visitors at this dwelling, except for family members. Also, due to the use of portable heaters, it was agreed visitors shall not stay at this dwelling beyond 11:00 p.m. In addition,there shall be no visitors shall stay or sleep within this dwelling overnight. The Board of Health voted unanimously to institute these agreements as part of the conditions imposed for,granting an extension of time to rectify the violations. A copy of the Board of Health decision letter from the March 8, 2016 hearing is attached hereto and incorporated by reference herein. According to the testimony elicited at the Board of Health hearing held on March 30,2016, in contravention of the previously issued order,visitors were at this dwelling on March 12, 2016 at approximately 11:00 p. in, as was documented by the Barnstable Police Department in an e-mail dated March 14, 2016. Police officers found loud music emanating from the home and discovered two people inside that did not reside there; they were not family members of the people residing there. The two people were identified as Ronald Hopkins and Angela Visceglio. Further, on March 28, 2016, a female visitor(non-family member) admitted to a police officer that she stayed in this dwelling overnight During the public hearing held on March 30, 2016, the Barnstable Board of Health voted unanimously the following: • Due to the findings that there is no hot water nor heat provided caused by an inoperable heating system, several portable heaters were being used inside this dwelling, and non-family members were visiting or staying at this dwelling in non-compliance with the agreed upon conditions,the Barnstable Board of Health hereby determines that this dwelling is unfit for human habitation. • Pursuant to M.G.L. c. 127B and 105 CMR 410.831 (D), the Board of Health determines that the conditions within the dwelling are such that the potential danger to the life or health of the occupants of the subject dwelling is such that a deadline of April 12, 2016 is established as the last day for any person(s)to occupy this dwelling. This order to vacate was delayed until April 12th in order to provide the occupant(s)time to find alternate housing. The Director of Public Health provided your attorney, Robert Bianchi,with the contact information for the Housing Assistance Corporation and the Barnstable Housing Authority in order to facilitate that search. BASED ON THE FOREGOING, THIS DWELLING IS CONDEMNED AND ALL OCCUPANTS SHALL VACATE THIS DWELLING ON OR BEFORE TUESDAY APRIL 12, 2016. PER ORDER OF THE BOARD OF HEALTH Wayne Miller, M.D. Chairman BOARD OF HEALTH TOWN OF BARNSTABLE cc: Robert Bianchi, Esq. Thomas Perry,Building Commissioner, Town of Barnstable Ruth Well, Town Attorney, Town of Barnstable QQ:\WPFILES\145 Oak Neck Road Condemnation and Vacate DecisionFINAL.docx Town of Barnstable Board of Health 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,D.M.D. Junichi Sawayanagi CERTIFIED MAIL# 7012 1010 0000 2848 1636 March 15, 2016 Courtney Campeau HAND DELIVERED 3/15/16 : 145 Oak Neck Road Hyannis, MA 02601 NOTICE TO.APPEAR AT:BOARD OF HEALTH._ SHOW GAUSE_HEARING,; Dear Ms. Campeau: You are scheduled to appear before the Board of Health on Wednesday, March 30, 2016 at 3:00 p.m. at the Town of Barnstable Town Hall, second floor Hearing Room, 367 Main Street, Hyannis, for a show-cause hearing. This hearing will be held to show-cause why your dwelling should not be condemned due to your failure to rectify critical violations of the State Sanitary Code as previously ordered and due to your failure to comply with a condition set forth by the.Board of Health at the March 8, 2016 public meeting. The police were called to the property owned by you, located at 145 Oak Neck Road Hyannis, on the night of March 12, 2016 at 11:00 p.m. apparently due to loud music. Two additional people, Ronald Hopkins and Angela Visceglio, were present at your dwelling at that time. Then on March 14, 2016, a vehicle registered to Ronald Hopkins was observed at your premises overnight. Overnight guests were expressly prohibited, according to one of the conditions of the Board of Health which was communicated to you during the March 8, 2016 public meeting. Also,the critical State Sanitary Code violations in regards to failure to provide heat and hot water remain uncorrected. During this hearing, you will have an opportunity to be heard,present witnesses, and provide documentary evidence pertinent to this case. PER ORDER OF T BOARD OF HEALTH + as . McKean, CHO Agent of the Board of Health cc: Atty. Robert A. Bianchi &Assoc, PO Box 128, Hyannis, MA 02601-0128 Q:\Order letters\SHOW CAUSE Letters and Samples\145 Oak Neck Road Hy no heat viol condi.Show Cause Mar302016.doc hearing held on March 8, 2016, due to the use of portable heaters,you, as the owner, agreed to ensure that there will be no visitors at this dwelling, except for family members. Also, due to the use of portable heaters, it was agreed visitors shall not stay at this dwelling beyond 11:00 p.m. In addition,there shall be no visitors shall stay or sleep within this dwelling overnight. The Board of Health voted unanimously to institute these agreements as part of the conditions imposed for granting an extension of time to rectify the violations. A copy of the Board of Health decision letter from the March 8, 2016 hearing is attached hereto and incorporated by reference herein. According to the testimony elicited at the Board of Health hearing held on March 30, 2016, in contravention of the previously issued order,visitors were at this dwelling on March 12, 2016 at approximately 11:00 p. in, as was documented by the Barnstable Police Department in an e-mail dated March 14, 2016. Police officers found loud music emanating from the home and discovered two people inside that did not reside there; they were not family members of the people residing there. The two people were identified as Ronald Hopkins and Angela Visceglio. Further, on March 28, 2016, a female visitor(non-family member) admitted to a police officer that she stayed in this dwelling overnight During the public hearing held on March 30, 2016,the Barnstable Board of Health voted unanimously the following: • Due to the findings that there is no hot water nor heat provided caused by an inoperable heating system, several portable heaters were being used inside this dwelling, and non-family members were visiting or staying at this dwelling in non-compliance with the agreed upon conditions,the Barnstable Board of Health hereby determines that this dwelling is unfit for human habitation. • Pursuant to M.G.L. c. 127B and 105 CMR 410.831 (D),the Board of Health determines that the conditions within the dwelling are such that the potential danger to the life or health of the occupants of the subject dwelling is such that a deadline of April 12, 2016 is established as the last day for any person(s)to occupy this dwelling. This order to vacate was delayed until April 12th in order to provide the occupant(s)time to find alternate housing. The Director of Public Health provided your attorney, Robert Bianchi, with the contact information for the Housing Assistance Corporation and the Barnstable Housing Authority in order to facilitate that search. BASED ON THE FOREGOING, THIS DWELLING IS CONDEMNED AND ALL OCCUPANTS SHALL VACATE THIS DWELLING ON OR BEFORE TUESDAY APRIL 12, 2016. PER ORDER OF THE BOARD OF HEALTH Wayne Miller,M.D. Chairman BOARD OF HEALTH TOWN OF BARNSTABLE cc: Robert Bianchi, Esq. Thomas Perry,Building Commissioner,Town of Barnstable Ruth Weil,Town Attorney,Town of Barnstable QQ:\WPFILES\145 Oak Neck Road Condemnation and Vacate DecisionFINAL.docx