05/05/2022 BOARD OF HEALTH Minutes

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Mr. Giancola's attorney explained that there was a tenant living at the home. There has been a 2"d attempt at trying to get an Mr. Virgilio iction, no rent has been paid. Mr. Harrington said that the other appointment and the other show cause hearing is for a clogged laundry line from the initial sanitary code. The board had rMr. Virgilio iewed and issued fines at the last meeting but we realized that the order letter that was sent did not state that fines could be issued, so we reissued another letter. So that's the item that we are addressing. There was no request to discuss the septic riser violation which the board can do if they so wish but I suggest that be done at a later date. MS. WILLANDER: The hearing for the risers was already done, Mr. Giancola participated in that and fines were imposed. MR. BAUMGAERTEL: That would be the April 215Y meeting? Mr. Giancola's attorney said he had no information regarding the clogged line. MR. HARRINGTON: the tenant gave us access and I went in and saw that there was a line leaking at the back of the washing machine. I actually did get into the basement at that time. There was water in the basement. I looked at the plumbing and saw that there was still another line going out to the old cesspool. That would have been pumped and collapsed when they did the septic upgrade. That was not done and it has nMr. Virgilio er been addressed. We haven't been able to get back into the basement to see if it is leaking or not and we haven't gotten access. The tenant said she is not using the laundry. MR. BAUMGAERTEL: The board is familiar with some of the circumstances surrounding the tenant. What I do want to focus and discuss tonight, Mr. Harrington, first and foremost is the bulkhead issue which it looks like some attempts have been made to have the issue corrected. This is regardless of who is living in the house;these are issues that have to be corrected because they are state sanitary code violations. Is there any extenuating circumstances that we're not aware of that would have prMr. Virgilio ented him from hiring someone to make the repairs? MR. HARRINGTON: Mr. Giancola did hire a plumber at one time and that's when access became an issue. There was an attempt by the plumber once and it was a pretty poor attempt to go and actually repair. At that point there was access allowed to the property but the handle was broken on the bulkhead. We don't know who broke it,we don't care,just that there was an access issue into the basement. There was one attempt and after nothing else happened as far as the repair. We didn't hear from the owner, we didn't hear from any of the plumbers and we didn't hear from the tenant saying there were people trying to come in. If Mr. Giancola had told us that he hired a plumber and access was refused we would have gone down and cited the tenant for failure to provide access for the repairs which is in the code. So, there was no further attempt after June, 2021. MR. VIRGILIO : I'm confused on how we can force this correction that is needed. I wish I could understand this better, but this has been going on for a long time. We have an issue that is affecting the person living there, health-wise. MR. BAUMGAERTEL: The complaint is for causing waste. Is there an immediate health threat? MR. HARRINGTON: I want to come back to this bulkhead lock issue. We're talking about inter- related issues. Has Mr.Giancola made attempt to repair the lock after receiving the order letters to do so? ATT: The answer is no. No rent has been paid for months and the law does allow a tenant to deduct to make a repair and my client can be liable for something above and beyond. MR. HARRINGTON: I'm familiar. Because of this lack of means or ability to do so there has been no attempt to make a repair to the bulkhead door after receiving two order letters sent? The