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Home My WebLink About2018-06-01 rx __ TOWN OF YARMOUTH Board of Health 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 =_ '""rCIC"E® Telephone(508)398-2231, ext. 1241 Health '�a■,m. P Division Fax(508) 760-3472 June 30, 2017 SCANNED Ms. Janet H. Gilbert, tenant Mr. Mark R. Pallatino, owner ( ke- 15 Nauset Lane 94 Fox Hill Road West Yarmouth, MA 02673 Springfield, MA 01118 CERTIFIED: 7015 1520 0000 7240 1498 CERTIFIED: 7011 1150 0001 4769 9286 Re: Rat Complaint Dear Ms. Gilbert and Mr. Pallatino, This department has received several complaints regarding rats on your property. I have visited your property several times over the past couple of weeks, including the dates of June 1, 2017 and June 20, 2017, I have observed rats on top of your mounded septic system, as well as eating bird seed on the patio outside of the slider. I observed rats several times going in and out of rat holes in this raised septic area. This observation was made from looking through the fence from the neighbor's property, as well as from your own property. I was given permission by the owner, Mark Pallatino, that I could visit the property to view if there was feeding or watering of animals. Both Mark and I have informed Judith that feeding and watering the animals was not allowed. I am aware o th inati a �antract you a 'C n.out, • Pest Control""of Hyannis.'This contract must c uiue,�'ntil all th re ats are externate This" ontra - J. , 17 to July-&,-2QJ7 Please forward a copy of the contract extension from July 017 to August 6, 2017,prior to July 6, 2017. As the feeding and watering of the animals has continued, you are in violation of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.750(I): Condition Deemed to Endanger or Impair Health or Safety. You are providing a food source and a harbor for rodents, which may lead to the spread of disease. You are hereby ordered to cease and desist from feeding and watering of the animals, upon receipt of this letter. You have a right to appeal this order, according to Section 410.850, by submitting a letter to the Board of Health within seven(7) days receipt of this letter. Failure to comply with this order will result in fines and/or court action. Sincerely, Bruce G. Murphy, MPH Director of Health BGM/maf cc: Chairman, Board of Health Mark Grylls, Building Commissioner/Dir. of Municipal Inspections Town Counsel Daniel Knapik, Town Administrator file APPLICATION NO.(COURT USE ONLY) PAGE f- 7 i" t:r; APPLICATION FOR Trial Court of Massaclj ,< CRIMINAL COMPLAINT of District Court department �/' 1,the-undersigned complainant, request that a criminal complaint issue against the accused charging the offense(s)listed below.If the accused HAS NOT BEEN ARRESTED and the charges involve: XI ONLY MISDEMEANOR(S), I request a hearing ❑WITHOUT O ICE because of an imminent threat of Es `j' Disli :tea 0 BODILY INJURY 0 COMMISSION OF A CRIME 0 FLIGHT WITH NOTICE to accused. Route 6A 0 ONE OR MORE FELONIES, I request a hearing 0 WITHOUT OTICE ❑WITH NOTICE to accused. Ilan .-dw`' Ma 02C30 ARREST STATUS OF ACCUSED 0 WARRANT is requested because prosecutor represents that accused may not appear unless arrested. 0 HAS ❑HAS NOT been arrested _ _ = _ INFORMATION ABOUT ACCUSED - NAME(FIRST MI LAST)AND ADDRESS BIRTH DA E SOCIAL SECURITY NUMBER j i tl r'2 �:--- it y L. 1.11 -> ARK R. ipi)LL(,,* A/0 -1 PCF NO. • MARITAL STATUS 91 Lii F°/( H is. L L DI VEBS.LICENSE NO. STATE al jP rivit-telci, P ' ' f 0 J GENDER HEIGHT W9GI&T. EYES t 1 ( c;:. HAIR RACE COMPLEXION SCARS/MARKS/TATTOOS INTERPRETER NEEDED(language) BIRTH STATE OR COUNTRY Lai/ PHONE O 77 EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) _- ASE7NFOAMATION, . _ , COMPLAINANT NAM FIRST MI LAST) _. f., 'COMPLAINANT TYPE �G� PD f3 r VC= v_ On ci R p i"r y 1 0 POLICE 0 CITIZEN k OTHER 12 12 ADDRESS £ r OF y/! 1� j� ` C U ! 15 OFFENSEPLACE OF eti ! /F ,.S FE r £ice ` y�g D dr t 6 L 7- I Y INCIDENT REPORT NO. OBTN f/-i N t1i/6P - 8 _SC3(.3 - Yti e cxJrf , 11 �'9 d Ac L-/� CITATION NO(S). OFFENSE CODE L_rf 7 DES,CcB1PP/TIo �} . OFFENSE DATE //5 G oi rz'�/Q J J Gr-f` 7 e- 1 t vi r r c v'J OF G - C1 Q. {t i jS Cori 1-k ,is)C'• s 1 VARIABLES(e.g.victim name,controlled substance,type and value of property,other variable information;see Complaint Language Manual) OFFENSE CODE L, ` DESCRIPTIONOFFENSE DATE 2 70SCflelR /O wO� c1LIcle'P0 -" UC)5fifti/1`CL•✓j e U `, U"Zd r c 'S c -1 rILAt L S VARIABLES OFFENSE JO$C LkY10,/. DESC eTIO nce t# r — T6 OFFENSE DATE 3 VARIABLES REMARKS CO P INANT' SI N RE DATE FILED X . _ COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION DATE OF HEARING TIME OF HEARING COURT USE ONLY D WILL BE HELD AT THE ABOVE COURT ADDRESS ON 1 AT < --- - .--•. ,.n.,.•,mocc nn.i/nn.rt c/r7iakrirfnnri:,. Date/Time Printed: 11-22-2017 14:42:50 Revised:07/16 CRIMINAL COMPLAINT DOCKET NUMBER NO.OF COUNTS Trial Court of Massachusetts •i,14 �' POLICE COPY 1725CR003200 3 District Court Department DEFENDANT NAME&ADDRESS COURT NAME&ADDRESS Mark R Pallatino Bamstable District Court 94 Fox Hill Rd Main Street, Rt 6A Springfield, MA 01118 P.O. Box 427 Barnstable, MA 02630 (508)375-6778 DEFENDANT DOB COMPLAINT ISSUED DATE OF OFFENSE ARREST DATE 10/28/1956 11/22/2017 06/30/2017 OFFENSE CITY/TOWN OFFENSE ADDRESS NEXT EVENT DATE&TIME Yarmouth 01/03/2018 09:00 AM POLICE DEPARTMENT POLICE INCIDENT NUMBER NEXT SCHEDULED EVENT Yarmouth PD Arraignment OBTN PCF NUMBER DEFENDANT XREF ID ROOM/SESSION 44090560 Criminal Main Session The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the date(s) indicated below the defendant committed the offense(s) listed below and on any attached pages. COUNT CODE DESCRIPTION • 1 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL JUNE 30,2017 AND CONTINUING did FAIL TO EXTERMINATE RODENTS,in violation of 105CMR410.550 of the City or Town of YARMOUTH. 2 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL JUNE 30,2017 AND CONTINUING did HAVE UNCLEAN AND UNSANITARY CONDITIONS,in violation of 105CMR410.602 of the City or Town of YARMOUTH. 3 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL On 06/30/2017 AND CONTINUING did PENALTIES-STATE SANITARY CODE,in violation of 105CMR410.910 of the City or Town of YARMOUTH. SIGNATURE OF COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE/ASST.CLERK/DEP.ASST.CLERK DATE X X _ r NAME OF COMPLAINANT "ATRUE_. CLERK-MAGISTRATE/ASST.CLERK DATE 4OPY Notice to Defendant:42 U.S.C.§3796gg-4(e)requires this notice:If you are convicted of a misdemeanor crime of domestic violence you may be prohibited permanently from purchasing and/or possessing a firearm and/or ammunition pursuant to 18 U.S.C.§922(g)(9)and other applicable related Federal, State,or local laws. 105 CMR: DEPARTMENT OF PUBLIC HEALTH 105 CMR 410.000: MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION(STATE SANITARY CODE,CHAPTER II) Section 410.001: Purpose 410.002: Authority 410.003: Citation 410.010: Scope 410.020: Definitions 410.100: Kitchen Facilities 410.150: Washbasins,Toilets,Tubs and Showers 410.151: Shared Facilities 410.152: Privies and Chemical Toilets Prohibited;Exceptions 410.180: Potable Water 410.190^ Hot Water 410.200: Heating Facilities Required 410.201: Temperature Requirements 410.202: Venting 410.250:-,Habitable Rooms Other than Kitchen--Natural Light and Electrical Outlets 410.251: Kitchen Lighting and Electrical Outlets 410.252: Bathroom Lighting and Electrical Outlets 410.253: Light Fixtures Other than in Habitable Rooms or Kitchens 410.254: Light in Passageways,Hallways,and Stairways 410.255: Amperage 410.256: Temporary Wiring 410.257: Light Obstructions 410.258: Exemption of Dwellings More than 600 Feet from Electrical Service 410.280: Natural and Mechanical Ventilation 410.281: Ventilation Shut-off 410.300! Sanitary Drainage System Required 410.350: Plumbing Connections 410.351: Owner's Installation and Maintenance Responsibilities 410.352: Occupant's Installation and Maintenance Responsibilities 410.353: Asbestos Material 410.354: Metering of Electricity,Gas and Water 410.400: Minimum Square Footage 410.401: Ceiling Height 410.402: Grade Level 410.430: Temporary Housing Allowed Only with Board of Health Permission 410.431: Any Exceptions to Minimum Standards Must Be Specified 410.450: Means of Egress 410.451: Egress Obstructions 410.452: Safe Condition 410.480: Locks 410.481: Posting of Name of Owner 410.482: Smoke Detectors and Carbon Monoxide Alarms 410.483: Auxiliary Emergency Lighting Systems,and Exit Signs 410.484: Building Identification 410.500: Owner's Responsibility to Maintain Structural Elements 410.501: Weathertight Elements 410.502: Use of Lead Paint Prohibited 410.503: Protective Railings and Walls 410.504: Non-absorbent Surfaces 410.505: Occupant's Responsibility Respecting Structural Elements 410.550: Extermination of Insects,Rodents and Skunks 410.551: Screens for Windows 410.552: Screens for Doors 410.553: Installation of Screens 410.600: Storage of Garbage and Rubbish 105 ClvIR- 1615 105 CMR: DEPARTMENT OF PUBLIC HEALTH Section: continued 410.601: Collection of Garbage and Rubbish 410.602: Maintenance of Areas Free from Garbage and Rubbish 410.620: Curtailment Prohibited 410.700: Inspectors Duty to Classify Violations 410.750: Conditions Deemed to Endanger or Impair Health or Safety 410.800: General Administration 410.810: Access for Repairs and Alterations 410.820: Inspection Upon Request 410.821: Inspection Form 410.822: Conduct of Inspections 410.830: Correction Orders 410.831: Dwellings Unfit for Human Habitation;Hearing;Condemnation;Order to Vacate;Demolition 410.832: Content of Orders 410.833: Service of Orders 410.840: Variances 410.850: Right to Hearing 410.851: Hearing Notice 410.852: Time for Hearing 410.853: Hearing Procedures 410.854: Final Decision After Hearing;Failure to Comply with Final Order 410.855: Official Hearing Review 410.860: Appeal of FinalDecision 410.900: Penalties for Interference with Inspections 410.910: Penalty for Failure to Comply with Order 410.920: Penalty for Other Offenses 410.950: Condemnation,Placarding and Vacating Dwellings 410.960: Correction of Violations by Board of Health;Expenses 410.990: Appendix: Forms 410.001: Purpose The purposes of 105 CMR 410.000 are to protect the health,safety and well-being of the occupants of housing and of the general public,to facilitate the use of legal remedies available io occupants of substandard housing, to assist boards of health in their enforcement of this code and to provide a method of notifying interested parties of violations of conditions which require immediate attention. 410.002: Authority 105 CMR 410.000 is adopted under authority of M.G.L.c. 111, §§3 and 127A. 410.003: Citation 105 CMR 410.000 shall be known,and maybe cited,as 105 CMR 410.000: State Sanitary Code-Chapter II: Minimum Standards of Fitness for Human Habitation. 410.010: Scope (A) No person shall occupy as owner-occupant or let to another for occupancy any dwelling,dwelling unit, mobile dwelling unit,or rooming unit for the purpose of living,sleeping,cooking or eating therein,which does not comply with the requirements of 105 CMR 410.000. (B) The provisions of 105 CMR 410.000 shall not apply to any dwelling which: (1) is located on a campground that is being operated in compliance with 105 CMR 420.000,105 CMR 430.000,or 310 CMR 14.00;or (2) is otherwise required to conform with standards of fitness for human habitation elsewhere existing in the State Sanitary Code;or (3) is used exclusively as a civil defense shelter. 1/26/07 105 CMR- 1616 t' c / - 105 CMR: DEPARTMENT OF PUBLIC HEALTH 71. 410.503: continued 4: (A) A safe handrail for every stairway that is used or intended for use by the occupant as required by 780 CMR:Massachusetts State Building Code. (B) A wall or guardrail on the open side of all stairways no less than 30 inches in height.Any such guardrail l replaced or constructed after August 28, 1997 (effective date of Massachusetts State Building Code, Sixth '-'1 Edition)shall be not less than 34 inches in height(780 CMR 1022.2.2 and 3603.14.2.1). (C) A wall or guardrail at least 36 inches in height,enclosing every porch,balcony,mezzanine,landing,roof .1F or similar place, which is 30 inches or more above the round and that is used or intended for use by the occupants. Any such wall or guardrail for other than Use Group R-4 and along opens sided floor areas, mezzanines and landings in occupancies in Use Group R-3,replaced or constructed after August 28, 1997, 1 shall not be less than 42 inches in height(780 CMR 102 and 3603.]4). f : (D) Between all required guardrails and open handrails,balusters placed at intervals of no more than six inches,or any other ornamental pattern between the guardrail or handrail and floor or stair such that a sphere six inches in diameter can not pass through the opening. Any balusters or ornamental work constructed or replaced after August 28,1997 shall have no space greater than 4'A inches and in all use groups other than R-4, shall not be constructed as to provide a ladder effect(780 CMR 1021 and 3603.14). 410.504: Non-absorbent Surfaces 1'' The owner shall provide: (A) On the floor surfaces of every room containing a toilet,shower or bathtub and every kitchen and pantry,a smooth,noncorrosive,nonabsorbent and water proof covering. This shall not prohibit the use of carpeting in t, kitchens and bathrooms,nor the use of wood in the kitchen,provided they meet the following qualifications: r'` (1) Carpeting must contain a solid,nonabsorbent,water repellent backing which will prevent the passage of moisture through it to the floor below;and (2) Wood flooring must have a water resistant finish and have no cracks to allow the accumulation of dirt and food,or the harborage of insects. (B) On the walls of every room containing a toilet,shower or bathtub up to a height of 48 inches,a smooth noncorrosive,nonabsorbent and waterproof covering. t/ (C) On wall areas above built-in bathtubs having installed shower heads and in shower compartments up to ti height not less than six feet above the floor level, with a smooth, noncorrosive, nonabsorbent waterproof covering.Such wall shall form a watertight joint with each other and with either the tub,receptor or shower floor. • • 410.505: Occupant's Responsibility Respecting Structural Elements The occupant shall exercise reasonable care in the use of the floors,walls,doors,windows,ceilings,roof, staircases,porches,chimneys,and other structural elements of the dwelling. 410.550: Extermination of Insects,Rodents and Skunks (A) The occupant of a dwelling containing one dwelling unit shall maintain the unit free from all rodents, skunks, cockroaches and insect infestation, and shall be responsible for exterminating them, provided, however,that the owner shall maintain any screen,fence or other structural element necessary to keep rodents and skunks from entering the dwelling. r (B) The owner of a dwelling containing two or more dwelling units shall maintain it and its premises free " ] ,- . from all rodents,skunks,cockroaches and insect infestation and shall be responsible for exterminating them. 1/26/07 105 CMR- 1628 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.550: continued �`redby780 (C) The owner of a rooming house shall maintain it and its premises free from all rodents, skunks, cockroaches and insect infestation,and shall be responsible for exterminating them. uch guardrail` (D) Extermination shall be accomplished by eliminating the harborage places of insects and rodents,by Code, Sixth removing or making inaccessible materials that may serve as their food or breeding ground,by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination method. All use of ,landing,roof pesticides within the interior of a dwelling, dwelling unit;rooming house, or mobile home shall be in or use by the's accordance with applicable laws and regulations of the Department of Food and Agriculture's Pesticide Board, d floor areas,_ including those appearing at 333 CMR 13.00,which provide,among other things,that pesticide applicators or gust 28, 1997, their employers must give at least 48 hours pre-notification to occupants of all residential units prior to any routine commercial application of pesticides for the control of indoor household or structural indoor pests. more than six h that a sphere constructed or other than R-4, en and pantry,a of carpeting in qualifications:': ent the passage emulation of dirt! nches,a smooth iparmments up to bent waterproof :eptor or shower vs,ceilings,roof, from all rodents, them, provided ry to keep rodent' 1 its premises free terminating the CMR- 1628 i/26/07 105 CMR- 1628.1 410.600: continued 105 CMR: DEPARTMENT OF PUBLIC HEALTH - ¢ (D) The occupants of each dwelling, dwelling unit, and rooming unit shall be responsible for the proper ``, placement of his garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of i!' collection by the owner. ftt c a: 410.601: Collection of Garbage and Rubbish t , The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house, �t and the occupant of any other dwelling place shall be responsible for the final collection or ultimate disposal or -� incineration of garbage and rubbish by means of: b0• (A) the regular municipal collection system;or (B) any other collection system approved by the board of health;or (C) when otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage,and which is otherwise maintained in a sanitary condition;or • t '' f (D) when otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as not to create a safety or health hazard;oraf150: (E) when otherwise lawful,by backyard composting of compostable material,provided that the composting t't operation does not attract rodents or other vectors and does not create a nuisance,and provided further that in the case of composting by an occupant,the occupant obtain the prior written permission of the owner. (F) any other method of disposal which does not endanger any person and which is approved in writing by the board of health. (See 105 CMR 410.840.) *•, 410.602: Maintenance of Areas Free from Garbage and Rubbish t - (A) Land. The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage,rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety,and well-being of the occupants of any dwelling or of the general public. (B) Dwelling Units. The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage,rubbish,other filth or causes of sickness that part of the dwelling which he exclusively occupies or controls. (C) Dwellings Containing Less than Three Dwelling Units. In a dwelling that contains less than threes, rl dwelling units,the occupant shall be responsible for maintaining in a clean and sanitary condition, free of t F. garbage,rubbish,other filth or causes of sickness the stairs or stairways leading to his dwelling unit and the landing adjacent to his dwelling unit if the stairs,stairways or landing are not used by another occupant. • (D) Common Areas. In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,other filth or causes of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by one occupant exclusively. The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the owner or occupants under his control have the right to use or are in fact using • shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,other filth or r r'4 causes of sickness that part of the passageway or right-of-way which abuts his property and which he or the occupants under his control have the right to use,or are in fact using,or which he owns. , • 1/26/07 105 CMR- 1630 - f' f. 105 CMR: DEPARTMENT OF PUBLIC HEALTH • 410.910: Penalty for Failure to Comply with Order Any person who shall fail to comply with any order issued pursuant to the provisions of 105 CMR 410.000 shall upon conviction be fined not less than $10.00 nor more than $500.00. Each day's failure to comply with an order shall constitute a separate violation. See also 105 CMR 410.854(B). 410.920: Penalty for Other Offenses Any person who shall violate any provision of 105 CMR 410.000 for which penalty is not otherwise provided in any of the General Laws or in any other provision of 105 CMR 410.000 shall upon conviction be fined not less than$10.00 nor more than$500.00. 410.950: Condemnation.Placarding and Vacating Dwellings (A) If a written petition for a hearing is not filed in the office of the board of health within seven days after an order of condemnation of any dwelling or portion thereof has been issued,or if after written notice that the board of health is considering ordering a dwelling or portion thereof condemned and/or vacated and demolished, or if after a hearing the order of condemnation of a dwelling or portion thereof is issued,the dwelling or portion thereof so affected by the order shall be placarded by the board of health. (B) No dwelling or portion thereof which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from,and such placard is removed by,the board of health. No person shall deface or remove the placard,except that the board of health shall remove it whenever the defect or defects upon which the condemnation and placarding action was based have been eliminated. (C) If any person refuses to leave a dwelling or portion thereof which has been ordered condemned and vacated and has been placarded in accordance with 105 CMR 410.830 through 410.950,may be forcibly removed by the board of health,or by local police authorities on request of the board of health. (See 105 CMR 410.830 through 410.920). —'' (D) The board of health may undertake to demolish any dwelling an order for whose destruction was properly served on the owner and every mortgagee of record in accordance with the requirements of notice and hearing in 105 CMR 410.831 through 410.860,and M.G.L.c.1 l 1,§ 127B and a claim for the expense incurred by said board in so doing shall constitute a debt due the city or town upon the completion of the work and the rendering of an account therefore to the owner of such structure,and shall be recoverable from such owner in an action of contract. Said debt,together with interest thereon at the rate of 6%per annum from the date said debt becomes due,shall constitute a lien on the land upon which the structure was located if a statement of claim,signed by the board of health,setting forth the amount claimed without interest is filed,within ninety days after the debt becomes due,with the register of deeds for record or registration,as the case may be,in the county or in the district,if the county is divided into districts,where the land lies. Such lien shall take effect upon the filing of the statement aforesaid and shall continue for two years from the first day of October next following the day of such filing. Such lien may be dissolved by filing with the register of deeds for record or registration,as the case may be,in the county or in the district,if the county is divided into districts,where the land lies,a certificate from the collector of the city or town that the debt for which such lien attached,together with interest and costs thereon,has been paid or legally abated. Such collector shall have the same powers and be subject to the same duties with respect to such claim as in the case of the annual taxes upon real estate;and the provisions of law relative to collection of such annual taxes,the sale or taking of land for the nonpayment thereof,and the redemption of land so sold or taken shall apply to such claim. • 1/26/07 105 CMR-1640