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Certified Mail:7003 1680 0004 5458 2445
oFT"E r�� Town of Barnstable
Department of Health,Safety and Environmental Services
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� Public Health Division
200 Main St.Hyannis,MA 02601
Office: 508-862-4644 Thomas A.McKean,RS,CHO
FAX: 508-790-6304 Director of Public Health
January 12, 2005
Boston Safe Deposit& Trust Company
c/o Mr. J. Bailey
One Boston Place
Suite 024-0074
Boston, MA 02108 OS
EMERGENCY CONDEMNATION AND ORDER TO VACATE
Finding of Unfitness for Human Habitation and
Determination of Immediate Danger
The property owned by you located at 800 Bearse's Way,Unit 1EG, Hyannis, and
occupied by Robert& Suzanna Davis was inspected on January 11, 2005 by Donna Z.
Miorandi, RS,Health Inspector for the Town of Barnstable, after complaints from
management and owners of abutting condominium units.
Based on the results of that inspection,the Town of 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.
The following violations of 105 CMR 410.00, State Sanitary Code II: Minimum
Standards of Fitness for Human Habitation were observed:
105 CMR 410.750: Conditions Deemed to Endanger or Impair Health or Safety (I)
"Failure to comply with any provisions of 105 CMR 410.600,410.601, or 410.602
which results in any accumulation of garbage, 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."
The tenants have a condition known as"hoarding". The rooms are full of unused debris
and clutter to the extent that there is no visible open space on any counter,table or chairs.
There is limited space for one to walk. The kitchen cupboards have cockroaches in them
I Q:\health\order letters\Condemnations\800 Bearse's Way,Unit IEG,Davis.doc r,
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and upon opening the kitchen stove hundreds went scampering. Cockroaches both alive
and dead were observed on the kitchen floor. The'kitchen counters have piles of unused
kitchen equipment on them thereby rendering that space unusable.
It is understood that this unit is exterminated periodically and as recently as December 21,
2004 yet,this infestation of cockroaches still exists due to the above stated problems. It
is also understood that this unit is cleaned twice a week by a company called Dustbusters.
The extent of this problem is such that it has adversely affected the condominium units
that are above and below Unit IEG. They were also inspected by Donna Z. Miorandi,
R.S. and found to maintain exemplary sanitation thereby indicating that they should not
have a cockroach problem. However, due to the problem in Unit 1EG, it has seriously
impacted them.
After Unit 1EG is completely vacated of its contents it will need extraordinary measures
to eradicate the cockroach problem. At this time, both the units above and below will
need to be exterminated and possibly any other abutting units that may be impacted
during this process.
Based upon these findings any and all occupants are hereby ordered to vacate. The front door
will be posted with an uninhabitable orange sticker by the Health Department. You or your
agents are allowed to enter the dwelling to conduct the necessary repairs to make the dwelling
habitable again. You are not allowed to re-occupy the dwelling for living purposes until after
you contact the Health Department for a final inspection that deems the dwelling habitable again.
Should anyone occupy the dwelling for living purposes prior to a final inspection giving you
permission by the Health Department to re-occupy the dwelling for living purposes,you, or they,
may be forcibly removed by the local Board of Health(M.G.L.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 of not more than $500. Each day's failure to comply with an order shall
constitute a separate violation.
Prior to calling for a final inspection by the Health Department to re-occupy the dwelling
for living,please have the following violations corrected of 105 CMR 410.00 STATE
SANITARY CODE II: MINIMUM STANDARDS FOR FITNESS FOR HUMAN
HABITATION.
410.602: Maintenance of Areas Free from Garbage and Rubbish: All garbage and
rubbish needs to be removed from the dwelling. With the large accumulation of
clothing, boxes, books, magazines, papers, cups and other debris in this dwelling,you
may want to opt to purchase an offsite storage unit or a shed if there are items you would
like to keep, but do not use on a regular basis or need. The large amount of stuff present
poses hazards for fire,means of egress obstruction, and harborage areas for insects and
rodents.
Note: This is an important legal document. It may affect your rights.
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Q:\health\order letters\Condemnations\800 Bearse's Way,Unit 1EG,Davis.doc
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Thomas A. McKean
Director of Public Health
CC :
Hyannis Fire Department
TOB Building Department
Ms. Peg Thompson
Cape Crossroads
800 Bearse's Way
Office-Building 1
Hyannis, MA 02601
Q:\health\order letters\Condemnations\800 Bearse's Way,Unit IEG,Davis.doc