HomeMy WebLinkAbout282-284 Ware St.TOWN OF MANSFIELD, MASSACHUSETTS
Six Park Row, Mansfield, MA 02048
003
Mr. Zal-d Ibrahim
17 Macfarlane Drive
Kingston, MA 02364
R : 282-284 Ware Street
Dear Nit Ibrahim,
In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR
400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State
Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, an inspection was made by
myself of 282-284 Ware Street, owned by you on February 28, 2003 at 10:30 AM. The inspection revealed the
following violations, which are followed by the Sanitary Code requirement:
Item 1: Septic system flowing over surface of ground.
Violation:.300 Sanitary Drainage Required
One or more of the above violations are such that they endanger and materially impair
the health, safety or well-being of the occupants.
You are ordered to begin correcting the violations immediately and to contract in writing with a third party for
the correction of the violations within five (5) days of the receipt of this order and to complete all corrections
within thirty (30) days or to make a good faith effort to substantially correct all violations within the allotted
time.
Should you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A
request for said hearing must be received in writing in the office of the Board of Health within seven (7) days of
receipt of this order.
At said hearing you will be given an opportunity to be heard and to present witness and documentary evidence as
to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be
informed that you have the right to inspect and obtain copies of all relevant inspection reports, orders, notices
and other documentary information in the possession of this Board, and that any adverse party has the right to be
present at the hearing.
Please be advised that the conditions noted may enable the occupants to use one or more of the statutory
remedies available to them as outlined in the enclosed inspection report form.
You are also responsible for any and all lead paint testing and abatement.
Very truly yours,
MANSFIEL OARD OF HEALTH
.' J
C'Sc j er , Health Agent
Attachment: Enforcement Order
c: Steven Chad and Joanne Florio, 284 Ware Street
CERTIFIED MAIL: 7099 3400 0008 9408 2519
TOWN OF MANSFIELD, MASSACHUSETTS
Six Park Row, Mansfield, MA 02048
ENFORCEMENT ORDER
From: Scott Leite, Health Agent for the Board of Health
To: Zaki Ibrahim
Owner/Operator: Zaki Ibrahim,17 Macfarlane Drive, Kingston, MA 02364
Date of Issuance: March 3, 2003
Location of On -site System: 282-284 Ware Street
Extent and Type of Activity: Discharge of effluent to surface of ground
The Board of Health has determined that the activity described above is in violation of the
State Environmental Code, 310 CMR 15.000 for the following reason(s):
{ } The system has not been maintained in accordance with the Certificate
of Compliance issued on 19 .
{ } The system is being or was installed in noncompliance with the Disposal
System Construction Permit issued on 19 .
{X} 310 CMR 15.303 Systems Failing to Protect Health and Safety and the
Environment.(1)(a) there is a discharge of effluent directly or indirectly
to the surface of the ground through ponding, surface breakout or damp
soils above the disposal area or to a surface water of the Commonwealth.
{ } Other: 310 CMR 15.303 Systems Failing to Protect Health and Safety and the
Environment.(1)(a)3 the static liquid level in the distribution box is above the
Level of the outlet invert.
The Board of Health hereby orders pursuant to Massachusetts General Laws, Chapter 111, Section 124
the following:
1. Immediately pump all septic system tanks and/or seepage facilities, then daily or
additionally as necessary to prevent discharge of effluent to the surface of the ground.
2. Immediately repair and upgrade the on -site sewage disposal system in accordance
with the standards of State Environmental Code: 310 CMR 15.000, Title 5 and the
Mansfield Board of Health regulations or connect to the sanitary sewer collection
system.
3. Notify this office of your intent and method of compliance within five (5) days of
receipt of this order.
Enforcement Order
Page 2
Ibrahim
Failure to comply with this order may constitute grounds of legal action. Massachusetts General Law,
Chapter 21A, Section 13 provides: "Local Boards of Health shall enforce the [Environmental] code in
the same manner in which local health rules and regulations are enforced".
Massachusetts General Law, Chapter 111, Section 31 provides: "Whoever, himself or by his servant or
agent, or as the servant or agent of any other person or any firm or corporation, violates any reasonable
health regulation, made under authority of this section, for which no penalty by way of fine or
imprisonment, or both is provided by law, shall be punished by a fine of not more than five hundred
($500) dollars."
Every day in which said violation continues shall be a separate offense.
Your appeal rights are described in 310 CMR 11.08 Hearing and 310 CMR 11.09 Appeal as follows:
11.08 Hearing
(1) Procedure for Requesting and Holding Hearing. Unless otherwise specified in this code, the person or persons to whom any
order has been served pursuant to any regulation of this code may request a hearing before the Board of Health within seven (7) days after
the day the Order was served, in the fo= of a written petition requesting ahearing on this matter. Upon receipt of such petition, the Board
of Health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not
later than thirty (30) days after the day on which the order was served. The Board of Health, upon application of the petitioner, may
postpone the date of the hearing for a reasonable time beyond such a 30-day period if, in the judgment of the Board of Health, the petitioner
has submitted a good and sufficient meson for such postponement.
(2) Hearing of the Petitioner. At the hearing, the petitioner shall be given an opportunity to be heard and to show why the order
should be modified or withdrawn.
(3) Procedure by the Board After the Hearing. After the hearing, the Board of Health shall sustain, modify, or withdraw the
order and shall inform the petitionff in writing of its decision If the Board of Health sustains or modes the order, it shall be carried out
within the time period allotted in the original order or in the modification,
(4) Public Record. Every notice, order, or other record prepared bythe Board of Health in connection with the hearing shall be
entered as a matter of the public record in the office ofahe clerk of the city or town, or in the office ofthe Board of Health.
(5) Hearing Petition Not Submitted or sustaining of Order. If a written petition for a hearing is not filed with the Board of
Health within seven (7) days after the day the order has been serviced, or if after a hearing the order has been sustained in any part, each
day's failure to comply with the order as issued or modified shall constitute an additional offense.
11.09 Appeal
Any person aggrieved by the final decision of the Board of Health with respect to the denial of plan approval, the denial of
revocation or failure to renew a license, or with respect to any order issued under the provisions of this code may seek relief therefrom in
any court of competentjurisdiction, as provided by the laws of this Commonwealth_
If I may be of assistance, please do not hesitate to contact me.
Issued by Scott Lejte, Health Agent
for the Board of Health
Sign
Certified Mail: 7099 3400 0008 9408 2519
Health Department Housing Inspection Report
Town of Mansfield
6 Park Row, Mansfield, MA Inspector: Scott Leite, Health Agent
508.261.7366 Date:-i�-�-� Time:
Dwelling Location: --�:> 9- Z- Z } (U`Q� `7f , Unit Number:
Tenant: D ta- Phone:
Owner(Agent): ��p� V-� k _,0,CAAkc v � Phone:
Address:
The following is a description and listing of the specific conditions violating 105 CMR
410.000:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
❑ .351 Owner's Installation and Maintenance Responsibilities (Items
❑ .352 Occupant's Installation and Maintenance Responsibilities (Items_
❑ .500 Owner's Responsibility to Maintain Structural Elements (Items_
❑ .481 Name of owner not posted.
❑ .482 Smoke detectors provided, present and maintained.
❑ .484 Building Identification
This housing inspection Lomas l ❑ has not revealed conditions deemed to endanger or
impair health or safety. If found, the following check list is notice of those conditions.
This inspecdon port is signed and certified under the pains and penalties of perjury.
Signed:
Scott Leite, Health Agent
Revised November 6,1997
1
Additional Violations
NOTES
19
Conditions Deemed to Endanger or Impair Health or Safety
One or more of the following conditions have been found to exist and are deemed to be
conditions which may endanger or impair the health, or safety and well being of a person
or persons occupying the premises.
105 CMR 410.750 Conditions Deemed to Endanaer or Impair Health or Safety
❑ A. Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of
the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer.
❑ B. Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of space heater or water heater as prohibited by
105CMR 410.200(B) and 410.202.
❑ C. Shutoff and/or failure to restore electricity or gas.
❑ D. Failure to provide electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in common area required
by 105 CMR 410.254.
❑ E. allure to provide a safe supply of water.
F. Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1) and
410.300.
❑ G. Failure to provide adequate exits, or the obstruction of any exit, passage way or common area caused by any object, including garbage or
trashy which prevents egress in case of an emergency 105 CMR 410.450, 410.451, 410.452.
❑ H. Failure to comply with the security requirements 105 CMR 410.480(D)
❑ 1. Failure to comply with any provisions of 105 CMR 410,600, 410.601, or 410.602. which result 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 the creation or spread of disease.
❑ J. The presence of leadbased paint on a dwelling or dwelling unit in violation 105 CMR 460.000: Lead Poisoning Prevention and Control.
(See MGL a 111, ss 190 through 199.)
❑ K. Roof, foundation or other structural defects that may expose the occupants or anyone else to fire, bums, shock, accident or other danger
or impairment to health or safety.
❑ L. Failure to install electrical, plumbing, heating and gasbuming facilities in accordance with accepted plumbing, heating, gasfitting and
electrical wiring standards or failure to maintain such facilities as required by 105 CMR 410.351 and 410.352, so as to expose the occupant or
anyone else to fire, bums, shock, accident or other danger or impairment to health or safety.
❑ M. Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust
or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353.
❑ N. Failure to provide a smoke detector 105 CMR 410.482.
❑ O. Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the
owner of said condition or conditions:
❑ 1. Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove
and oven or any defect that renders either inoperable.
❑ 2. Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2) and
410.150(A)(3) or any defect which renders them inoperable.
❑ 3. Any defect in the electrical, pltunbing, or heating system which makes such system or any part thereof in
violation of generally accepted plumbing, heating gaslitting, or electrical wiring standards that do not create an
immediate hazard.
❑ 4. Failure to maintain a safe handrail or protective railing for every stairway, porch, balcony, roof or similar place
as required by 105 CMR 410.503(A) and 410.503(B).
❑ 5. Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550.
P. Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A) through (0) shall be deemed to be a
condition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of
the owner to remedy said condition within the time so ordered by the board of health.
THE COMMONWEALTH OF MASSACHUSETTS
ZAKI IBRAHIM, et,ikl SOUTH EAST DIVIS:
V HOUSING COURT
.BRISTOL JOANNE FLORIO, et al #03P587
................. ...................... ss.
To ..... Scott Leiter Health Agent
Town '... ..... ......
.................................... 1- ................................. ............
Tow. ... o f.. lftnaf ip, P.4 i.l. e.d. .............. I ................... ......................
.................................. I .......................................................................................... ............. greeting.
11ou arr hff rb-d comm=drd.;n the name of The Commonwealth of Maijaehuietis, to appear
before the ......... 11911sii'n ................................ Court..... n, . .. ..... ...............
holden at ... Tal,1 ... PiYe,r.unthin and for the county .... ... ... ......
onshe ................................... c7ztll........................ day of ............... }T.Uly ........ 2Q0.3 ............... at
...... AM ........................o'clock in the .... f P;r ... noon, and from day to day thereafter, until the action
hereinafter P14med it heard by said Court, to give evidence of what you know relating to an action
of ..... xP-ta),i.tory..P-victtiWm and there to be heard and tried between . - . ........... ...........
........ JoAn.nc .... Flor.i.o. .,.et ... a.1 ............................... ........................ Ylaintiff and
zaki ... Ibrahimr..et ... al ........................... .. . ..................... . ..... .... Defendant and
you are further commanded to bring with you ...... to, ny inspections,
reports, complaints, orders, communications, or documents 6'a�-'any'klniA relat
to-2-92-28-4-Ware ... Street,j ... Manfffieldi-MA .. wi-th•... 1par-tieular ... 17-P-fe-renoe ... ta-the
septic system, including all plans, diagrams, and tests, from 1990 to prese
.... ....... - ................................ ... I ..... I ....... I ... I ............ ................ I ......... ........... - ... - � - - I � ............ I .............
lNtrraf 1r%U m4, as you will answer your default under the pains and penalties in the low
in that behalf made and provided
OdUb xt�.. �.. ........... the.....'.. .............. day af�
4, D.
Report to Attorney Karen L. MacNu
SAMIJIL NAACUS. 1COAL STATIONER. NOGTON. MASS. TORM42
HoUrf Pvbllc -- J*VA44—efttWr-P,
the o r �t� 0
R -sirED G,
B117W TY DEPUT)(S1)tRTF—F
r
10 MAZZEO DRIVE
YORK PLAZA, SUITE 211
RANDOLPH, MASSACHUSETTS 02368
Mr. Scott Leite, Health Agent
Town of Mansfield
6 Park Row
Mansfield, MA 02048
KAREN L. MACNUTT �' c
ATTORNEY AT LAW12 2003
Lf
August 11, 2003
RE: Zaki Ibrahim v Joanne Florio
Dear Mr Leite,
TELEPHONE
17811 963-6337
(617) 720-9568
Please be advised that the above matter is on for trial at the Housing Court on September
10, 2003. See enclosed notice.
Your service by the Sheriff's office is still in force and you should appear at that date and
time as a witness in the above matter.
Yours truly,
Karen L. MacNutt
Attorney at Law
OMMONWEALTH OF MASSACHUSETT
SOUTHEASTERN HOUSING COURT
ZAKI IBRAHIM
- V.-
JOANNE FLORIO
Plaintiff
No. 03-SP-00587
Defendant
NOTICE OF TRIAL DATE
The above case will be called
the Fall River Trial Court, at 289
02720 at 09:00 o'clock, Wednesday,
Date: July 10, 2003
ECMS: SCH-TRIAL
for trial at the 2nd floor of
Rock Street, Fall River, MA
September 10, 2003.
ee
Carlton M. Viveiros
Clerk Magistrate
FORM 191 St)BPOFNAWIIH04'ICLIlSftUltJfiN 110BBS & WARREN, INC. PUBLISHERS
DUCES TECUM REVISED BOSTON, MASS
'The (ffjatntnjanjVetjjflj of
W,
Bristol
...... ss.
MK,. S q q pi.t e,,.. Mans fipld— Board of ............ .......
.... H-.e-a1l1-th1-111S-ix...P..a..r..k.R jjansfi jd,_MA
..QZQ48 ............................. ..............................
508-267-7366
......................... .......... ....................... ...... - ............................. .... ............ - I ....... I'll.... ...........
........... ......................... ... I-- .... ........... ... ........ ... ... I .......... - ... - ............. greeting.
Van tire berehU rommanbeb, in the name of The Commonwealth of Massachusetts, to appear
before the ...... 49nsing ............ ........................ Court..;M.Rock. Street .... .....................
holden at Fal.1R.iv.e,r ............ within and for the county of..Bri.s.tol. ........ ............. ........
on the ... tenth.,(10th)... ......................... .... ....dayof. September, .20.0.3 ... ............ .............. at
9:00 o'clock in the ... for�e .noon, and from day to day thereafter, until the action
hereinafter named is heard by said Court, to give evidence of what you know relating to an action
of ...eviction .............. - ... then and there to be heard and tried between ... ................. ................
Zaki Ibrahim & Jean Ibrahim
... I ...... - ..... ........................... - - I. - I ........... ................... ...... Plaintiff , and
Joanne Florio & Steve Chaet
........... .... I . ................... ..... .... ...... ......... - ........... .............. ....... Defendant ,and
in the... .... Housing .......... ......................... .... Court, Docket Number ... 120.0.3. SPQ ... 5.87... ...
you are further required to bring with you .... .............. --- ...................... -- ........ ........ .........
.......... .............. ........ ........... - ....
............ ........ ................ .......
dtis
.......... ................ ....... ....... .......... ........
G. . .............
............ .... ..... 1-1.11 ...................
39treof fail not, as you will answer your default under the penalties in the law in that behalf
made and provided.
Dattb at... Attleboro ........ ....... ....... the ... Ninth.......................... day of ... SPPtember
A.D. xx 2003.
Notary Public- of che Peace
Subpoena issued at the request of:
Theodore. J. Koban Zaki Ibrahim
(natne ofpart
ylattorney) (attornevjbr)
89 No..Main Street
W,eetaddress)
Attleboro, MA 02703
(cityllow", state, zip code)
508-222-0700
...... em .... ber)
N