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MR. BAUMGAERTEL: I think that is the other piece is the plumbing issue that exists and it's also <br /> in the basement. In addition to the lock being broken and the plumbing issue,she's had no access <br /> to the washing machine facilities in the basement? <br /> MR. HARRINGTON:The washing machine is on the first floor and it was leaking down through the <br /> floor into the basement. <br /> KP: This is regarding the leaking part. So,this is a continuing issue. Are we looking at a potential <br /> flood situation? <br /> MR. HARRINGTON: We have no idea; we have had no access. <br /> MS. PATEL: The only comment I have to make is that I do not see any evidence that he done <br /> anything beyond that first plumber. He hasn't taken further action. I understand his situation <br /> and all the circumstances that he's gone through but it doesn't deny the fines from my end of it. <br /> MR. BAUMGAERTEL: The lock needs to be repaired. He was given an order letter and didn't <br /> comply. Frankly that's a minimal cost repair. Clearly there is a violation for failure to repair the <br /> lock upon receiving the order. Would we like to resolve the issue with the bulkhead and move on <br /> to the second show cause? <br /> MR. HARRINGTON: They're done individually <br /> MR. BAUMGAERTEL: That's what I'm saying, let's take care of the bulkhead issue and then move <br /> on to discuss the other issue. <br /> There being no further comments or discussion Ms. Patel motioned to issue fines of$375 based <br /> upon the failure to comply with the Board of Health order of March 11, 2022. The fines shall be <br /> paid within 10 days of receipt of the board's decision. Failure to pay the fines shall subject the <br /> owner to additional fines and/or court action. Mr. Virgilio seconded. Roll Call Vote: Ernest <br /> Virgilio (yes), Kripani Patel (yes) Brian Baumgaertel (yes). VOTE: Unanimous (3-0) <br /> 7:20—58 Buccaneer Way <br /> MR. HARRINGTON: gave the board the background on the 2nd item. The board deliberated on <br /> this matter at the last meeting on April 211 and voted to impose fines of$22,600 for 226 days of <br /> failure to comply with an order to repair the clogged laundry line and failed cesspool. However, <br /> subsequent to that meeting it was discovered that the order letter of June 29, 2021 did not <br /> expressly state that failure to comply would result in fines, therefore, this hearing is to give the <br /> owner an opportunity to show cause why he failed to comply to comply with the order of June <br /> 29th prior to any fines being imposed. <br /> Att: Did you say the fine was $22,000? <br /> MR. HARRINGTON: Yes, 226 days of non- compliance since the original order from the sanitary <br /> code was issued. <br /> ATT: just for clarification from a septic system failing? <br /> MR. HARRINGTON: This is the laundry line from the old cesspool backing up. He was given notice <br /> of that back in June, 2021. <br /> ATT: So you're having this hearing now because it wasn't clear from the last meeting that that <br /> was the fine and penalty imposed at the time. <br /> MR. HARRINGTON: It was the notice of the fines <br /> Mr. Giancola's attorney explained his client's issues with the property and the current tenant. <br /> MR. HARRINGTON: The tenant and the landlord have been playing the blame game the entire <br /> time. I just want to remind the board that we support and enforce the code. The inspection was <br /> performed, the order letter was sent,the owner was made aware and nothing was done. <br />