HomeMy WebLinkAbout0037 WALTON AVENUE - Health MIMI
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°FtHe ram, Town of Barnstable
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MASS. g Thomas F. Geiler, Director
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$ATfn Public Health Division' _
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601 '
Office: 508-862-4644 Fax: 508-790-6304
Certified Mail: 7006 2150 0002 1041 8412
December 29, 2008
Robert Faria
83 Baxter Road (�O Q C '
Hyannis, MA 02601 /`� d
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EMERGENCY CONDEMNATION AND ORDER TO
VACATE �.
Finding of Unfitness for Human Habitation and
Determination of Immediate Danger
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 II: Minimum Standards of Fitness for
Human Habitation, Timothy B. O'Connell, R.S., Health Inspector for the Town of
Barnstable, on December 29, 2008 conducted an investigation of a dwelling unit
located at 101 Lewis Street, Hyannis. The owner's name of this dwelling unit is
Robert & Charles Faria. The tenants name is Michele Browning.
Based on the results of that investigation, the Barnstable Health Department finds
that the dwelling is unfit for human habitation. Pursuant to M.G.L. c. 127B and
105 CMR 410.831 (D), the Health Department further finds that the conditions
within the dwelling are such that the danger to the life or health of the occupants of
the subject dwelling is so immediate that no delay may be permitted in making this
finding.
Conditions found within the dwelling, which give rise to the emergency finding of
unfitness and determination of immediate danger, include:
410. 750: Conditions Deemed to Endanger or Impair Health or Safety
410.750 (A) Failure to provide running water.
410.750 (B)Failure to provide heat.
Q:\Order Letters\Condemnations\101 lewis.doc
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Based upon these findings any and all occupants are hereby ordered to vacate and
the landlord/owner is ordered to secure the subject.dwelling within 48 hours of
receipt of this order. If any person refuses to leave a dwelling or portion thereof,
which was ordered vacated she may be forcibly removed by the local Board of
Health(Massachusetts General Laws C. 127B), or by local police authorities at
request of the Board of Health.
Furthermore, anyone who fails to comply with any order of the board of health
may be subject to fines ranging from$10-$500. Each day's failure to comply with
an order shall constitute a separate violation.
Once vacated this unit may not be occupied without the written approval of the
Board of Health.
Any person needing access to the inside of the dwelling must get permission from
the Board of Health prior to entry.
Note: This is an important legal document. It may affect your rights.
PER ORDER OF THE BOARD OF HEALTH
u
Thomas A. McKean, CHOIRS
Director of Public Health
Town of Barnstable
Q:\OrderLetters\Condemnations\101 lewis.doc