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HomeMy WebLinkAbout78 Weir Road Maintenance Order 6-15-2025 T O W N O F Y A R M O U T H Board of Health 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Health Telephone (508) 398-2231, ext. 1240 Division Fax (508) 760-3472 Correction Order – Revised May 2023 Maintenance Order Issued under the provisions of 105 Code of Massachusetts Regulations (CMR) 410.000: Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II Date: June 15, 2025 To: Altagrace K Souverain 2792 Valiant Drive Clermont, Florida. 34711 An inspection was conducted at your property located at 78 Weir Road on 05/16/2025. Be advised that a Housing Inspector of the Town of Yarmouth has determined certain portions of this residential property to be in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.000, Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. The following violations of 105 CMR 410.000 were identified: Regulatory Cite: Description 105 CMR 410.100 Kitchen Facilities One of the kitchen cabinets is broken and unusable-Repair/Replace (A) For dwelling units and shared kitchen facilities, the owner shall provide and maintain, in compliance with the manufacturer's intended use, the following facilities suitable to store, prepare and serve foods in a sanitary manner: (1) Cabinets, pantry or shelving; (2) A countertop; (3) A kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils; (4) The space and proper facilities for the installation of a refrigerator with freezer, cooktop and oven; (5) A conventional cooktop and oven unit with at least 1.7 cubic feet of oven area except and to the extent the occupant is required to provide and maintain these items under a written rental agreement; and (6) A refrigerator with freezer containing a combined storage area of at least 11.0 cubic feet except and to the extent the occupant is required to provide and maintain these items under a written rental agreement. (B) The facilities required by 105 CMR 410.100(A) shall have smooth and impervious surfaces and be free from defects which make them difficult to keep clean or create an accident hazard. 410.110 Bathroom Facilities Bathtub surround requires recaulking ;broken door trim still needs repair. Bathroom door does not function properly-repair/replace Extensive mold on bathroom ceiling due to previous leak.- repair/repaint (C) Facilities required by 105 CMR 410.110 shall have smooth and impervious surfaces and be free from defects which make them difficult to keep clean or create a risk of injury. 410.540 Installation Screens There are multiple missing or torn window screens throughout the property. Screen doors are missing at both the front entrance and the door leading to the deck. Screen doors and window screens must be installed and maintained from April 1 through October 31, be tight- fitting, and prevent the entrance of pests. A) The owner shall provide and install screens for exterior openable windows so that: (1) They are in place during the period from April 1st through October 31st in each year; (2) They are no less than 16 mesh per square inch; (3) They cover that part of the window designed to be opened, except in double hung windows where half screens shall meet this requirement; and T O W N O F Y A R M O U T H Board of Health 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Health Telephone (508) 398-2231, ext. 1240 Division Fax (508) 760-3472 Correction Order – Revised May 2023 (4) They are tight fitting and prevent the entrance of pests. (B) Expandable, temporary screens shall not satisfy the requirements of 105 CMR 410.540(A). (C) The owner shall provide and install screen doors for all doorways opening directly to the outside from any dwelling unit or rooming unit where the screen doors will be permitted to slide to the side or open in an outward direction so that: (1) They are in place during the period from April 1st through October 31st in each year; (2) They are 16 mesh per square inch; (3) They are equipped with a self-closing device except where the screen is designed to open to the side; and (4) They are tight fitting and prevent the entrance of pests. (D) 105 CMR 410.540(C) shall not apply to homeless shelters. 410.570 Maintenance of Areas in a Sanitary and Safe Condition. The front and rear yards require significant cleanup which may provide harborage for pests. Basement stairs unsafe and blocked with caution tape, preventing access Falling insulation and evidence of pests observed Missing tiles and multiple trip hazards throughout basement. Basement outlet missing cover; exterior outlet lacks cover and weatherproof protection. (A) Land. The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean, safe, and sanitary condition and free from: (1) Refuse; (2) Pests; (3) Potential injury hazards; (4) Conditions contributing to the accumulation of standing water; or (5) Any other condition which affects the health, safety, or well-being of the occupants of any residence or of the general public. (B) Residences. The occupants of any residence shall be responsible for maintaining, in a sanitary condition and free of refuse or other filth or causes of sickness, that part of the residence which they exclusively occupy or control. 410.500 Owner’s Responsibility to Maintain Building and Structural Elements Siding at kitchen door unrepaired; Broken windows on 3 season porch-repair/replace. (A) Every owner of a residence shall maintain all buildings and structural elements in compliance with accepted standards so they are in good repair and in every way fit for the intended use, including: (1) Protected from wind, rain and snow, and are watertight, free from excess moisture or the appearance of mold, and pest resistance; and (2) Free from holes, cracks, loose plaster, or defects that render the area difficult to keep clean, create an injury risk, or provide an entry or harborage for pests. 410.330 Smoke Detector and Carbon Monoxide Alarm Basement hardwired alarm not restored; currently hanging from the wire. (A) The owner shall provide, install, and maintain in operable condition smoke detectors and carbon monoxide alarms in every residence that is required to be equipped with smoke detectors. and carbon monoxide alarms in accordance with M.G.L. c. 148, §§ 26 C-F½ and 780 CMR: Massachusetts State Building Code, 527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code, and 248 CMR 10.00: Uniform State Plumbing Code and in compliance with accepted standards. (B) The board of health shall immediately notify the chief of the local fire department of any violation of 105 CMR 410.330 which is observed during an inspection of any residence. 410.540 Installation Screens Continued T O W N O F Y A R M O U T H Board of Health 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Health Telephone (508) 398-2231, ext. 1240 Division Fax (508) 760-3472 Correction Order – Revised May 2023 (C) If any residence is found by the local fire department to be adequately equipped with smoke detectors and carbon monoxide alarms, the board of health shall not be authorized by 105 CMR 410.330 to impose any additional or differing smoke detector or carbon monoxide alarm requirement beyond that which has been found sufficient by the local fire department. 410.400 Required Posting Owner/Manager contact, and tenant rights posting are missing. the owner's name, street address and telephone number, and, if applicable: (1) The name, street address and telephone number of the president of the corporation; (2) The name, street address and a telephone number of the managing trustee or partner if the owner is a realty trust or partnership; or (3) The name, street address and telephone number of a property manager who does not reside in the building. (B) The telephone number of the owner or property manager shall be regularly monitored, but no less than once every 12 hours, unless the owner has provided occupants with an alternative contact person and phone number for periods of temporary absence. (C) Every owner of a residence shall provide to each occupant or post in a location specified in 105 CMR 410.400(D) a copy of the Notice of Occupants' Legal Rights and Responsibilities issued by the Department; (D) Postings required by 105 CMR 410.400 shall be on durable material not less than 20 square inches in size and placed at the residence adjacent to the mailboxes or within the interior of the residence in a location visible to the occupants. 410.550 Pest Control Numerous insects indoors due to missing screens; 2 active bees nests identified, one at the chimney exterior and one entering side. (beneath siding) Owners and occupants are responsible for the control and elimination of pests as follows: (A) Residences containing one dwelling unit: (1) The occupant shall maintain the unit free from all pest infestation and shall be responsible for pest elimination. (2) The owner shall be responsible for pest elimination if they have not maintained structural or other building elements necessary to keep pests from entering. (B) The owner of a residence containing two or more dwelling units, including a homeless shelter or a rooming house, shall maintain it and its premises free from infestation and shall be responsible for pest elimination. (C) Extermination shall be accomplished by: (1) Eliminating the harborage places of insects and rodents; (2) Removing or making inaccessible materials that may serve as food or breeding ground for pests; (3) Poisoning, spraying, fumigating, trapping pests; or (4) Any other recognized and legal pest elimination method. (D) All use of pesticides within the interior of a residence shall be in accordance with applicable laws and regulations pursuant to the Massachusetts Department of Agricultural Resources Pesticide Program, including those appearing at 333 CMR 13.00: Standards for Application. (1) Pesticide applicators or their employers must give at least 48 hours pre-notification to occupants of all residential units prior to any commercial application of pesticides for the control of indoor household or structural indoor pests. (2) Pre-notification shall be made in writing and contain the following information: (a) Name and phone number of the company making the application; (b) Proposed date of application; (c) Locations to be treated; and (d) Names, EPA Registration Numbers, and active ingredients for the pesticide products 4130.330 Continued T O W N O F Y A R M O U T H Board of Health 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Health Telephone (508) 398-2231, ext. 1240 Division Fax (508) 760-3472 Correction Order – Revised May 2023 that may be used. (3) Owners and occupants shall: (a) Provide access to common areas, dwelling units, and rooming units, upon receipt of notice required by 105 CMR 410.550(D)(1) and (2); and (b) Adhere to all instructions provided by the pesticide applicator in preparing the common areas and units prior to the application of pesticides. (E) The occupant of a residence shall maintain their dwelling unit or rooming unit in a sanitary manner so as to prevent the attraction of pests. (F) The owner of a residence, except for a homeless shelter, shall conduct an inspection of each unit prior to a new occupancy to identify the presence of pests. Homeless shelters shall establish pest management policies that include periodic inspection for pest infestation as outlined in 105 CMR 410.550(G). (G) Owners shall make the documented inspection results and actions taken available upon request by the board of health. Documentation shall include: (1) Monitoring the presence of pests; (2) Eliminating entry points for pests; (3) Documenting results of the inspection; and (4) Documenting actions taken as a result of the inspection to include: (a) Repairs made; (b) Location of pesticides applied and by whom; and (c) Date and results of a follow-up inspection. You are hereby ORDERED to correct these violations within 30 days of this letter date, June 15, 2025 If you will be requesting an extension beyond this date, you have a right to request a hearing before the Yarmouth Board of Health. To request a hearing, you must submit a written request to the Yarmouth Board of Health within seven days after the day this order was served. If you request a hearing, all affected parties will be informed of the date, time, and place of the hearing, as well as their right to inspect and copy all records concerning the matter to be heard. You have the right to be represented at the hearing. Conditions may exist which will allow the occupant of the residence to exercise legal rights outlined in the Notice of Occupant’s Legal Rights and Responsibilities issued by MA. Department of Public Health 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. (105 CMR 410.920 through 410.930). If you have any questions regarding these findings, please contact me directly. Sincerely, Debra Bruinooge, Housing Inspector, Yarmouth Health Department 508-398-2231 Ext, 1244 This is an important legal document. It may affect your rights. You should have it translated. 410.550 Pest Control continued T O W N O F Y A R M O U T H Board of Health 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451 Health Telephone (508) 398-2231, ext. 1240 Division Fax (508) 760-3472 Correction Order – Revised May 2023 Kel-li é un dukumentu legal inportanti. El pode afeta bus direitu. Bu debe tene-l traduzidu. Ky është një dokument ligjor i rëndësishëm Përmbajtja e tij mund të ndikojë në të drejtat tuaja. ىلع رثؤت دقو .ةمهم ةينوناق ةقيثو هذهكقوقح . اهتمجرت كيلع يغبنيف . 这是一份重要的法律文件。它可能会影响到您的权利。您应该将它翻译出来。 這是一份重要的法律文件。它可能會影響您的權利。您應該將其翻譯為個人首選的語言版本。 Це важливий юридичний документ. Він може вплинути на ваші права. Вам потрібна його перекладена версія. Đây là một tài liệu pháp lý quan trọng. Tài liệu này có thể ảnh hưởng tới các quyền của bạn. Bạn cần được dịch tài liệu này. Este é um documento legal importante. Ele pode afetar seus direitos. É aconselhável traduzi-lo. Это важный юридический документ. Он может повлиять на Ваши права. Вам необходимо иметь его переведенную версию. Kani waa dukumiinti sharci ah oo muhiim ah. Wuxuu saameyn kartaa xuquuqahaaga. Waa in laguu tarjumaa. Hii ni hati muhimu ya kisheria. Inaweza kuathiri haki zako. Inapaswa kutafsiriwa. Sa a se yon dokiman legal enpòtan. Li ka gen enpak sou dwa w. Ou ta dwe bay tradui l. នននេះគឺជាឯកសារច្បាប់ដ៏សំខាន់មួយ។ វាអាច្បបនឹងប នះះេះពាល់ដល់សិទ្ធិរបស់អ្នក។ អ្នកគួរតែឱ្យនគបកែរបឯកសារនននេះ។ . وي اد ئرلو هړابژ ېد د دياب وسات .يړکو زېغا ونوقح رپ وساتس يش یادېک اد ید دنس يقوقح مهم قوقح یلااب تسا نکمم .تسا مهم یقوقح دنس کي نياامش .دينک همجرت ار نآ دياب امش .دراذگب ريثأت Este es un documento legal importante. Es posible que afecte sus derechos. Debería traducirlo. Il s'agit d'un document juridique important. Il peut affecter vos droits. Vous devriez le faire traduire.