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Regulatory Services
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MASS. Thomas F. Geiler, Director
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A'Fo �a Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
July 16,2012
EMERGENCY CONDEMNATION AND ORDER TO
VACATE
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
Humans. Donald Desmarais, R.S., Health Inspector for the Town of Barnstable on
July 16, 2012 was notified that the electrical service is inoperable for Building 2,
800 Bearses Way Hyannis, MA. There are 28 units affected at this location. Units
are as follows: 2EA, 2EB, 2EC, 2ED, 2EE, 2EF, 2EG, 2EH, 2NA, 2NB, 2NC,
2ND, 2NE, 2NF, 2SA, 2SB, 2SC, 2SD, 2SE, 2SF, 2WA, 2WB, 2WC, 2WD, 2WE,
2WF, 2WG, 2WH.
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), (E)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 Endan$ter or Impair Health or Safety
410.750 (A) - Failure to provide hot water
410.750 (C) - Failure to provide electricity.
'Based upon these findings any and all occupants are hereby ordered to vacate
within(24) twenty-four hours 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 they 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.
Q:\Order letters\Condemnations\800 Bearses-Crossroads Posted to Bldgs Jul 2012 elec.doc
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.
Note: This is an important legal document. It may affect your rights.
PER ORDER OF THE BOARD OF HEALTH
Donald Desmarais RS
Health Inspector
Town of Barnstable
Q:\Order letters\Condemnations\800 Bearses-Crossroads Posted to Bldgs Jul 2012 elec.doc