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Miscellaneous - 38-40 MILTON STREET 4/30/2018
e 4 - rt C> Calrt- rt, rt y a:7 �.. .T,r � � 4 a i1 e ;. i �� . ?.. ., ,� Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 October 2, 1998 Attorney George Stella 160 Common Street Lawrence, MA 01840 RE: 40 Milton Street, North Andover '? Dear Attorney Stella: D Fax(978)688-9542 This letter comes to you as representative of the executor of the estate of Thomas Ceplikas, late of 40 Milton Street, North Andover. As you are aware, the North Andover Board of Health caused the above - referenced premises to be cleaned because they were a source of filth and a nuisance. The bill from the cleaning company of $2,280.00 remained unpaid when submitted to the estate. In August of this year, the Town of North Andover paid the bill in full. The amount of $2,280.00 is now due to the Town of North Andover. As noted in the Order letter to abate the nuisance, a lien will be placed on the property if this bill remains unpaid. Please feel free to call the Health Office if you have any questions. Sincerely, Sandra Stan. RS. Health Administrator Cc: R. McGowan, Treasurer File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Anita Djermoun -`60 Woodcrest Drive, N. Andover, MA 01845 Subject: Sewer system hookup Ms. Sandra Starr Board of Health Town of North Andover Dear Ms. Starr, Monday, Nov. 16, 1998 I am following up on my phone conversation with Susan Ford on Nov. 1Y, about my sewer system hookup. Please find attached a copy of the proposal. When I contacted Mike Reilly at the beginning of this summer while the town was actually working on the street pipes on Woodcrest Drive, he explained that he would get to my house by the end of the summer. In August he explained that he had to postpone the work until the end of September. Weather delays had pushed his schedule to the middle of October when I spoke with him again. Recently, he called on Nov. 1Y, saying he is ready to start the project on Nov. 17''. This is too late into the fall season for ensuring that the grass will fill in. The property is situated on a steep sloping hill and I am concerned about erosion. I am requesting an extension until this spring to start the project. As per my phone conversation, I will go ahead and try to reschedule with P. F. Reilly and Sons. Please contact me if there are any further questions I need to respond to, or documents to record with the town. Respectfully, "itaJermo � Y,'� See,attached proposal P'HODUCT 11B t _ A Page No. of i F. P. REILLQ( & SONS, INC. 206 Andover Street, Suite t I E ANDOVER, MASSACHUSETTS 41810 (608) 475.1237 PRD TT61D Pp�ALStHiMtTTFdATQ PdiONE DATE T — Jt" a, S'N A STRE8T CITY STATE ind 71P�OOr)F JOB LOCA I IUN �,RM11TE{:T DATE M PLANS JOB PNONF es We hereby s+uhmit specitions And estimalcs fnr: 1.,.__.- Ac-4. `"�` A e .77 w,.i y .......... - —_� -- _. .'a"+ + ._ �.af..l__._.. ,1..__i _.__._. _.e. 'F... .. +7- A,. '. ,.. '6.d. _.......... !1.. ...-4 ................ ........ ._ .�. _.—.-.._._._._ .___._._irk:.:+rv`.._.__.�:..,_5..._..�.✓.: ti_._,.,�.+s.J&---,. _..we.J' _ .0.0-.4.:'t.f.. We Fropose hereby to furnish material and labor — complete in accordance with above specifications, for the s - - �--- �- dollars (S Payment it) t)e M*, as foliow,3: All m3terifil .i{ "reins t6 hn 1t trincfit)d At M bombrAoidd 41 a woArnaiirike manner exotd&g to standard proclims. Any alteration or deviation Brom above spoci icalions Au thorind involving extra costs v4 be executedoray upon vaittan orders, and will bacorns an extra Signatura chaW oder and shade the estimsie. AV agreementsconhnaent upon str&ee, accidents or Ae4ays beyond our oen- Owner to carry sire, iaretado and glher n CesFaXy in resat . iJotta''niis st at ma be r,........,,w..,.,....,..a e, d�.....�u,.,.n.a t,:. uro,.w .,�., �, !•, nmx..,.at•«�., an .,.� a.;.v. svrllKi?i}N`rd �}�+ US if nof rdtacepted Vr'Ithltl 11 P 145 ILIJI r, STATEMENT OF CLAIM PURSUANT TO G.L. c.139, §3A In accordance with the provisions of G.L. c.139, §3A and G.L. c.111, §125, the undersigned Board of Health of the Town of North Andover hereby states that the following costs and expenses yaere incurred by the Town for the removal of a public health nuisance located at 40 Niton Street, North Andover, County of Essex, Massachusetts, identified as Assessor's,Plat 31 , Lot _2,2. The record owner of said property is Estate of Thomas, A. Ceplikas of North Andover, MA Essex County, Massachusetts, by virtue of a Deed recorded with the Essex County Registry of Deeds, Northern District at Bookod 3vZ&, Page is6 DESCRIPTION OF COST/EXPENSE AMOUNT Clean premises @ 40 Milton Street. $2,280.00 Result of Board of Health Order. Signed this 30th day of September , 1998. BOARD OF HEALTH OF THE TOWN OF NORTH ANDOVER Commonwealth of Massachusetts Essex County October 30, 1998 Then personally appeared the above-named Francis P_ MacM; l an, M E , Members of the Board of Health for the o of North Apdover ancr acknow edged the foregoing instrument to be their free act and deed, before me. "A7 5797 1. 1 /Nand/0001 Notary Public My commission expires: January- 28 20.05 I, a5 0 z X 0 M nrn A Y f0 1 . M aW� Dx to CL o• 3 D oa Pecje�stal C Town of North Andover Coiizlmunity Development Board of Bealth T3ept, 30 School Street North Andover, Ma 01845 Att:c;:ntion: Sandra Starr R. S. TeaT Miss Starr: • S�Ir-mice "Up above the Rest" April 15, 1998 PFDE,5d .4L CG. EA Z'C.'!'G }5:i94.2fTC is pleased to respond to your letter,. date,April 14; 190, 8. After vie,,ving the apartment located at 40 7%,Iihion street_ top floor, Plea`e consider this quote. K ITCl-1 Elul: .All items found on anv horizontal surface. LF, table, counter or shelving unit, will be removed, cleaned anc'i placed in;:t} b�}y 4's Inarlte(3 as to identlf3r r €}nff nt`i, Anv f()4}4l. Tte}7I found. either fresh frozen, canned or bagged will be diWaTded, All horizontal surfaces, will he sanitize?, fn the ;ease of tables. chairs and shelves this will include the underside and legs. This is necessary to e-F,flvxely kill all bac terra, The refrigerator will be sanitized, this must include dis?n-fril tirng the nab Cr molding=, arl,}f,lnd the inside door, and the back and bottom of the unit in (.}rder to kill the bacteria. All doors must. be Thrashed inside and out and xli sinf x„tted_ The strove and oven shall be sanitized, inside and out, " to include disinfecting the bottom and back of the knit. The sink, faucet: and all plumbing under the sink cabinet must. be sanitized. The walls must be scrubbed and disinfected. 24 Hour Dispatch Service 508-683-8734 • 800-520-8777 9 Pager 508-803-0588 • Fax 508 974-0846 P.O. Box 697 9 North Andover, MA 01845 The ceiling will be washed and cli<infi�cted. The floor must: be machine scrubbed, rinsed and then washed with disinfectant. The windows, sills and wood frame must be washed and disinfected, BATHROOM All walls and ceilin- to be scrubbed. All walls and ceilin-p nee(to be washed and disinfected, Anv item remaining in the--partment shoudicibe cleaned and disinfected, This would require another estimate and quote. 6Terr,. aqui The ceiling will be washed and disinfected, The floor must be machine scrubbed, rinsed and then washed with disinfectant, The windows, sills and wood frame -must he washed and disinfected, BATHROOM All walls and ceiling,* to be scrubbed. Any items found inside the medicine cabinet will be discarded. The windows, sills and wood frame must be washed and disinf"ectod. T he toilet, sink and tub must be acialwashed anUsanitized. The floor must be machine scrubbed, rinsed and then washed with disinfectant, Total cost. $2,280.00 ALL OTHER ROOMS: Tt is recommended that the carpets be steam cleaned, to kill any bacteria. residing in the carpetS" Then they should be ripped up and discarded along xith the padding. T ben the bare floors need Z;P to be washed and disinfected, All upholstered ful"I"ItUTe needs to be steam cleaned to include the under side,, of all furniture. All windows nee(I to be cleaned and the surrounding wooddisinfected. C, All walls and ce-flings need to be washed and dis4nfected. Any item remaining in the apartment should becl-caned and disinfected, TAis would require another estimate and quote. t;�erry aqui PEDESTAL CI-E4NINGIVEFVICE -eoiivaS jdaa en Use A)ly \ j § o _ 0 OO/ ƒca k �J # \ 2 } ) 0) n p # cr c 2 # k R < ^ 3 � w J ) $ $ O O O e 7 k 7 A? < Cl) / c k / \ § / \ XI \ Cc k k / k E U) a; a ®JOAGJ M!_ a,mdwo s 3a a¥ Nan mU m ai (D§ k > � & � \ ) 2 2 { 7{ § k �7 (D / / a=J g ] $f ) w w § \ j § o _ 0 OO/ ƒca k �J # \ 2 } ) 0) n p # cr c 2 # k R < ^ 3 � w J ) $ $ O O O e 7 k 7 A? < Cl) / c k / \ § / \ XI \ Cc k k / k E U) a; a ®JOAGJ M!_ a,mdwo s 3a a¥ Nan mU m Z.a W Zi O o O • 11 K 1 V I ft M. � � O � ~ 0 O m N rt N K K � l7y Q O CD W ai K � C) a Fl OO O CL .P.- ffi N Ln -� x 0 Q CD c' cr O x 0 C z m 0 D m m 0 0 U) m 0 m -VC -V -n -0 y co Z ow o uo N m G) m CD d. O N = SD CL rr CO 'o t zaa rr CO -------- - - --- _`'�___ i j WILLIAM J. SCOTT Director April 3, 1998 Town of North Andover�40RTH t , OFFICE OF 3a o COMMUNITY DEVELOPMENT AND SERVICES ° 30 School Street North Andover, Massachusetts 01845 NORTH ANDOVER BOARD OF HEALTH ORDER LETTER RE: 40 Milton Street North Andover, MA 01845 OWNER: Thomas A. Ceplikas Responding to a request by the North Andover Police Department, a legal inspection of the premises at 40 Milton Street was performed by North Andover Health Department personnel on April 2, 1998. The premises of the upstairs apartment were found to be in a filthy condition. Surfaces in the kitchen; i.e. table, counters, floor, were encrusted with old food and human discharges. This was also the case in the bathroom where it appears that there is a problem with the toilet. There was a very strong noxious odor permeating the unit and descending down the stairs, affecting other dwelling units. The rest of the apartment was cluttered, unclean and dark. Working light fixtures were at a minimum or non-existent. The common area of the lower hall held trash incorrectly stored; there were large holes in the plaster wall and paint was peeling on the ceiling. In addition, the second story porch appeared unsafe. Because there are other dwelling units in the building and because the conditions in #40 Milton Street are so egregiously filthy, it is deemed that a condition exists which endangers the health or well being of the occupants. An emergency situation is therefore declared. Under 105 CMR 400.200(B) the upstairs dwelling at 40 Milton Street is hereby declared unfit for human habitation. Before any future occupancy can occur, and within five (5) days, you are hereby ordered to hire a professional cleaning company to completely clean the dwelling unit and bring it to a sanitary level of cleanliness. After the unit has been professionally cleaned, the North Andover Health Department must be contacted to perform a followup inspection. Additional repairs of the porch and common area walls will eventually be required. If a professional cleaning company is not hired within five (5) days, please be advised that under 105 CMR 410.960(A), the North Andover Board of Health may cause BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 such cleaning to be done and charge the responsible person or persons with all expenses incurred, or place a lien on the property to recover expenses. If there are any questions concerning the contents of this letter, please call the Board of Health office at the number below between 8:30 and 4:30 Monday through Friday. Sincerely, 'VAV'�& jd&tt) Sandra Starr, R.S. Health Administrator Cc: Wm. Scott, Dir. CD&S BOH NAPD K. Surette File � � y ' �} if �. i � i" S Town of North Andover HORTP4 OFFICE OF 3r 0; COMMUNITY DEVELOPMENT AND SERVICES ° . 30 School Street► �9 ,s North Andover, Massachusetts 01845 �y 4°�•��° ••'tt` WILLIAM J. SCOTT SSACHUS Director INTERNAL MEMORANDUM DATE: July 13, 1998 TO: Kevin Mahoney, Finance Director CC: Laurie Elliott, Town Accountant Roberta McGowan, Treasurer FROM: Sandra Starr, Health Ad�oG RE: Payment of Cleaning Bill for 40 Milton Street As I briefly discussed with you this morning, in May of this year, the Board of Health found it necessary to retain the services of Pedestal Cleaning Service to clean the premises at 40 Milton Street. To date this bill has not been paid by the Estate so the Health Department must pay it and a lien must be placed on the property. As you can see on the enclosed budget control report, the Health Department has insufficient funds to cover the charge. However, Donna Mae D'Agata suggested I submit a copy of Building's budget , since there are funds in that budget. I am also enclosing a duplicate invoice of the one submitted to this department in May. I am requesting that all remaining funds in the Health Department be encumbered for the payment of this bill. Please call if there is anything further that I need to do for this first step. CONSERVATION - (978) 688 9530 • HEALTH - (978) 688-9540 • PLANNING - (978) 688-9535 * BUILDING OFFICE - (978) 688-9545 • *ZONING BOARD OF APPEALS - (978) 688-9541 0 *146 MAIN STREET Bill To Board of Health 30 School St No. Andover MA 01845 P.O.Number JULY 13,1998 126. �tMI—T T9 ig Service "Up above the Rest" Terms Sales Rep DUP2263 001 Invoice Number Date Ship To DR. Thomas Ceplikas 40 Milton Street No. Andover MA 01845 CLIENT # 688-9535 1014 04/30/98 Code COMM Quantity Description Unit Price Amount 1 cleaning per quote 2,280.00 2,280.00 DUPLICATE!!! One window removed repaired and replaced "NO CHARGE" DUPLICATE!!! Amount Paid 0.00 Amount Due 2,280.00 Aging Statement 0 - 30 days 31-60 61-90 90 plus Total 0.00 0.00 2,280.00 0.00 2,280.00 TOTAL 24 Hour Dispatch Service 508-683-8734 • 800.520-8777 0 Pager 508-803-0588 0 Fax 508 974-0846 P.O. Box 697 • North Andover, MA 01845 $2,280.00 Wiuull1L/l, /VUJ/LUJI ALrvnl n LLL lvdir vc irva.,1 niruvrlia AS TIME: 13:20:54 OPTION ID BUDGET CONTROL REPORT PREPARED: JUL 13, 1998 DEPT: 5100 HEALTH DEPARTMENT PROJ: 0000 EXP BALANCE ---------- ENCUMBERED ----------- BALANCE ----------- YTD LINE CUR MONTH ORIGINAL ADJUSTED ACTUAL FUND DEPT ITEM PROJ LOC ---- ---- ---- ---- ---- TOTAL EXP ----------- BUDGET ----------- ----BUDGET- ----------- EXPENDED O1 5100 5111 100.0 122.00 .00 122.00 SALARIES - FULL TIME 8,668.91 90,000.30 93,349.72 94,773.29 O1 5100 5112 .00 599.68 82.9 .00 WAGES - PART TIME 274.99 3,300.00 11,235.30 9,290.00 O1 5100 5140 55.1 6.50 .00 6.50 LONGEVITY .00 400.00 400.00 400.00 01 5100 5240 20.54 9.38 95.2 28.41 REPAIRS AND MAINTENANCE .00 122.00 122.00 .00 01 5100 5270 33.3 6.60 .00 6.60 EQUIPMENT RENTAL/LEASE .00 .00 45.98 45.98 O1 5100 5301 .00 144.49 51.8 OUTSIDE PROFESSIONAL SERVICE 916.68- 3,000.00 3,500.00 2,900.32 O1 5100 5311 ADVERTISING .00 .00 156.15 156.15 O1 5100 5316 CONTRACTED SERVICES .00 1,105.00 560.67 308.86 O1 5100 5321 CONFERENCES IN STATE .00 450.00 450.00 443.50 O1 5100 5322 TRAINING & EDUCATION .00 2,000.00 2,000.00 1,817.75 Ol 5100 5341 TELEPHONE .00 50.00 624.15 594.23 O1 5100 5342 POSTAGE SERVICES .00 600.00 600.00 571.59 O1 5100 5345 INTERNET SERVICE .00 .00 20.85 6.95 01 5100 5420 OFFICE SUPPLIES .00 600.00 811.96 805.36 O1 5100 5423 PRINTING AND FORMS .00 850.00 319.85 319.85 O1 5100 5482 VEHICLE FUEL 15.08 300.00 300.00 155.51 �uaa.avu viU UU DONNA MAES CHART aa]llL. 1L 1709 AS OF: JUL 13, 1998 YTD YTD PCT UNEXPENDED YTD AVAILABLE EXP BALANCE ---------- ENCUMBERED ----------- BALANCE ----------- BAL --- 1,423.57- .00 1,423.57-101.5 1,945.30 .00 1,945.30 82.7 .00 .00 .00 100.0 122.00 .00 122.00 0.0 .00 .00 .00 100.0 599.68 .00 599.68 82.9 .00 .00 .00 100.0 251.81 .00 251.81 55.1 6.50 .00 6.50 98.6 182.25 .00 182.25 90.9 29.92 20.54 9.38 95.2 28.41 .00 28.41 95.3 13.90 .00 13.90 33.3 6.60 .00 6.60 99.2 .00 .00 .00 100.0 144.49 .00 144.49 51.8 6MUGLi4lcs/VU3/LUSI KGPUK'P $ iLl TUWN UC' NuhTh anuvtz TIME: 13:20:54 OPTION ID BUDGET CONTROL REPORT �REPARED:,JUL 13, 1998 DEPT: 5100 HEALTH DEPARTMENT PROD: 0000 YTD LINE CUR MONTH ORIGINAL ADJUSTED ACTUAL FUND DEPT ITEM PROJ LOC TOTAL EXP BUDGET BUDGET EXPENDED ---- ---- ---- ---- -------------------------------------I----------- Pt;RIUD Ui TO Ub PAGE: 13 DONNA MAES CHART 1709 AS OF: JUL 13, 1998 YTD YTD PCT UNEXPENDED YTD AVAILABLE EXP BALANCE ENCUMBERED BALANCE BAL -------------------------------- --- 01 5100 5511 SPECIAL PROGRAM SUPPLIES .00 1,123.00 1,323.00 1,295.90 27,10 .00 O1 5100 5596 UNIFORMS AND CLOTHING .00 75.00 75.00 75.00 .00 .00 O1 5100 5597 PUBLICATIONS AND MAPS .00 200.00 .00 .00 .00 .00 O1 5100 5711 AUTO MILEAGE .00 350.00 585.00 519.00 66.00 .00 O1 5100 5730 DUES AND SUBSCRIPTIONS .00 475.00 475.00 405.00 70.00 .00 01 5100 5850 ADDITIONAL EQUIPMENT .00 275.00 59.41 59.41 .00 .00 PR O J E C T T 0 T A L------------- ------------- ------------- ------------- ------------- ------------- - 0000 8,042.30 105,275.30 117,014.04 114,943.65 2,070.39 20.54 27.10 98.0 .00 100.0 .00 0.0 66.00 88.7 70.00 85.3 .00 100.0 2,049.85 98.2 DE P T T 0 T A L------------------------------------------------------------------------------------------- ----- 5100 HEALTH DEPARTMENT 8,042.30 105,275.30 117,014.04 114,943.65 2,070.39 20.54 2,049.85 98.2 SMUGLIL/�S/VUJ/LU3/ ntru&i $ 1LL iu6N VC Nunln nivuuvun TIME: 13:20:54 OPTION ID BUDGET CONTROL REPORT PftEPARED:,JUL 13, 1998 DEPT: 2920 ANIMAL INSPECTOR PROJ: 0000 YTD LINE CUR MONTH ORIGINAL ADJUSTED ACTUAL FUND DEPT ITEM PROJ LOC TOTAL EXP BUDGET BUDGET EXPENDED ----------- --------------------------------- iLa\lvu V lv vv �nV\+. 11 DONNA MAES CHART 1709 AS OF: JUL 13, 1998 YTD YTD PCT UNEXPENDED YTD AVAILABLE EXP BALANCE ENCUMBERED BALANCE BAL -------------------------------- --- ---- ---- ---- ---- ---- 01 2920 5112 WAGES - PART TIME 300.00 3,600.00 3,600.00 3,600.00 .00 :00 .00 100.0 PR O J E C T T 0 T A L------------------------------------------------------------------------------------------- ----- 0000 300.00 3,600.00 3,600.00 3,600.00 .00 .00 .00 100.0 DE P T T 0 T A L ------------- ------------- ------------- ------------- -------------------------------------- ----- 2920 ANIMAL INSPECTOR 300.00 3,600.00 3,600.00 3,600.00 .00 .00 .00 100.0 Jl'1VULIL/l.J/VUJ/LUJ1 p ir. c. .v.. a. v. .. v... i. .+....... ...• --"---- TIME:•13:20:54 OPTION ID BUDGET CONTROL REPORT DONNA MAES CHART 1709 PREPARED: JUL 13, 1998 DEPT: 2410 BUILDING CODE 6 ENFORCEMENT PROJ: 0000 AS OF: JUL 13, 1998 YTD YTD YTD PCT LINE CUR MONTH ORIGINAL ADJUSTED ACTUAL UNEXPENDED YTD AVAILABLE EXP FUND DEPT ITEM PROJ LOC ---- ---- ---- ---- ---- TOTAL EXP ----------- BUDGET ----------- BUDGET ---------------------- EXPENDED BALANCE ----------- ENCUMBERED ----------- BALANCE ----------- BAL --- 01 2410 5111 SALARIES - FULL TIME 10,000.56 109,456.67 115,343.49 112,868.16 2,475.33 .00 2,475.33 97.9 O1 2410 5112 WAGES - PART TIME 4,080.00 46,403.85 46,403.85 48,668.58 2,264.73- .00 2,264.73-104.9 O1 2410 5140 LONGEVITY .00 1,200.00 1,200.00 1,325.00 125.00- .00 125.00-110.4 O1 2410 5190 SEVERANCE PAY 10,882.90 .00 10,882.92 10,882.90 .02 .00 .02 100.0 O1 2410 5248 VEHICLE MAINTENANCE .00 '`I 100.00 100.00 5.00 95.00 .00 95.00 5.0 O1 2410 5301 OUTSIDE PROFESSIONAL SERVICE .00 .00 1,970.00 1,970.00 .00 .00 .00 100.0 O1 2410 5321 CONFERENCES IN STATE .00 3,000.00 1,011.00 588.00 423.00 .00 423.00 58.2 O1 2410 5342 POSTAGE SERVICES .00 260.00 260.00 151.79 108.21 .00 108.21 58.4 I O1 2410 5420 OFFICE SUPPLIES i_ .00 1,660.00 1,160.00 817.69 342.31 .00 342.31 70.5 O1 2410 5423 PRINTING AND FORMS 80.00 3,150.00 1,984.02 1,294.84 689.18 91.30 597.88 65.3 O1 2410 5482 VEHICLE FUEL 81.53 2,000.00 1,750.00 684.82 1,065.18 .00 1,065.18 39.1 O1 2410 5596 UNIFORMS AND CLOTHING .00 75.00 75.00 75.00 .00 .00 .00 100.0 O1 2410 5711 AUTO MILEAGE .00 1,200.00 1,200.00 1,017.00 183.00 .00 183.00 84.8 O1 2410 5730 DUES AND SUBSCRIPTIONS 120.00 1,280.00 234.00 234.00 .00 .00 .00 100.0 O1 2410 5780 OTHER CHARGES AND EXPENSES .00 .00 251.00 226.00 25.00 .00 25.00 90.0 01 2410 5850 ADDITIONAL EQUIPMENT .00 .00 564.98 314.98 250.00 .00 250.00 55.8 r J/L037 REPORT.# 122 TOWN OF NORTH ANDOVER PERIOD 07 TO 06 PAGE: 9 • 54 OPTION ID BUDGET CONTROL REPORT DONNA MASS CHART 1709 -JUL 13, 1998 DEPT: 2410 BUILDING CODE & ENFORCEMENT PROD: 0000 AS OF: JUL 13, 1998 a YTD YTD YTD PCT LINE CUR MONTH ORIGINAL ADJUSTED ACTUAL UNEXPENDED YTD AVAILABLE EXP DEPT ITEM PROJ LOC •- ---- ---- ---- ---- TOTAL EXP ---------------------- BUDGET BUDGET ---------------------- EXPENDED BALANCE ENCUMBERED ---------------------- BALANCE ----------- BAL --- 01 2410 5851 OFFICE EQUIPMENT .00 .00 1,565.00 1,249.94 315.06 .00 315.06 79.9 P R O J E C T T 0 T A L-------------------------- ------------- ------------- ------------- ------------- ------------- ----- 0000 25,244.99 169,785.52 185,955.26 182,373.70. 3,581.56 91.30 3,490.26 98.1 DE P T T 0 T A L------------------------------------------------------------------------------------------- ----- !2410 BUILDING CODE & ENFOR 25,244.99 169,785.52 185,955.26 182,373.70 3,581.56 91.30 3,490.26 98.1 PEDESTAL CLEANING SERVICE P.O.BOX 697 NO. ANDOVER, MA 01845 Voice: 978-683-8734 Fax: 978-974-0846 Sold To: TOWN OF NORTH ANDOVER DPW 384 OSGOOD STREET NO. ANDOVER, MA 01845 7iJ` vN! of �,to6ii N Ao.Cov: Ship to: Invoice Invoice Number:. 2268 Invoice Date: Apr 30, 1998 Page: 1 Customer ID Customer PO Payment Terms. NOAND0003 Net Due Sales Rep ID Shipping Method Ship Date Due Date SERVICE CALL 4/30/98 Quantity Item Description Unit Price Extension 1.00 SERVICES PERFORMED AT 40 MILTON STREET TOP FLOOR AS i IPER COMMUNITY DEVELOPMENT LETTER DATED APRIL 14, 1998 TO INCLUDE THE KITCHEN AND BATHROOM. ALL SERVICES PERFORMED AS STATED IN PROPOSAL BY (PEDESTAL DATED 4-1-5-98 (SEE ATTACHED PROPOSAL) I NOTE: ONE WINDOW WAS 2,280.00 REMOVED, REPAIRED AND REPLACED AT NO CHARGE NOTE: IF ALL OTHER ROOMS �AT 40 MILTON ST NEED TO BE SERVICED, ANOTHER ESTIMATE AND QUOTE WOULD BE REQUIRED Check No: Subtotal 2,280.00 Sales Tax Total Invoice Amount 2,280.00 Payment Received 0.00 TOTAL 2,280.00 PEDESTAL CLEANING SERVICE P.O.BOX 697 NO. ANDOVER, MA 01845 Voice: 978-683-8734 Fax: 978-974-0846 MAY 11 Sold To: Ship to: TOWN OF NORTH ANDOVER DPW 384 OSGOOD STREET NO. ANDOVER, MA 01845 Invoice Invoice Number: 2268 Invoice Date: Apr 30, 1998 Page: 1 Customer ID Customer PO i Payment Terms. NOAND0003 j Net Due Sales Rep ID ! Shipping Method -' _ Ship Date -- — ! SERVICE CALL jantity ! Item Description Unit Price 1. O SERVICES pERFOPMF n A'r 4Q !MILTON STREET TOP FLOOR AS PER COLMRqUNITY DEVELOPMENT LETTER DATED APRIL 14, !1998 TO INCLUDE TIME L -T uL"'T i BATHROOM. L=CHH 1 ANi BAS R0L1I. i AT L SERVICES RERFOR11ED AS i CTATErI Tt,T PROPOSAL B I i PEDESTAL DATED 4-15-90 I i (SEE ATTACHED PROPOSAL) NOTE: ONE WINDOW WAS REMOVED, REPAIRED UNiD I !REPLACED AT NO NARGE i NOTE : I ALL OTHER R00"'-Is AT 40 HILTON ST NEED TO BE SEI VICED, ANOTHER ESTIMATE PND QUOTE WOULD BE REQUIRED Check No: Subtotal Sales Tax Total Invoice Amount Payment Received TOTAL_ Due Date 4/ 3 V / 9 Q Extension 2,280.00 2,280.00 0.00 ?,?80.00 Found on the premises of 40 Milton Street on April 27, 1998 and deposited with the North Andover Town Clerk. 3 bundles of cash in yellow rectangular box labelled HOMAGENETS THERAPEUTIC Total $768.00. Cash in envelope in cigar box totalling $270.00 Total cash found $+83—t -t8- �/ iO 90 _. dU Found on the premises. of 40 Milton Street on April 27, 1998 and deposited with the North Andover Town Clerk. 3 bundles of cash in yellow rectangular box labelled HOMAGENETS THERAPEUTIC Total $768.00. Cash in envelope in cigar box totalling $270.00 Total cash found $1028.00. 2 0 1q,50 6 �P, M - c 11V -Le �-7-z7 eu . * - - .�__._�__Y_� __-_ T --_... - �_._ . LAI Post -It'" brand fax transmittal memo 7671 # Off pages ► / To (�p n From�7 qub Jl� A Co. K iC CW, � . 'BD /�� J� d,L )14 Ly Dept. Phone # `/ �p�— y Fax# Fax#����t� i NI GESS I3 hrl 6 D-. 3- =a_-%3_� 5.19/_ - GdJ.OG� GGG-3/lJ/itJG �j�C� i9Y AL''l A-)6 s' r i I c • N% G/SS dGG- 3/U//UG Cj�Q /�iaA)DAY tiG J �•2T� I ! From: Gayton Osgood To: N.A. Board of Health Dale: 417198 Time: 18:21:09 4/7/98 6:12:38 PM To: Susan Ford From: Gayton Osgood I received a call from Elder Services and they know of Dr. Ceplikas. They have had problems getting into the apartment and his relatives have been uncooperative. If you don't hear from them, call Jack Shotter (I'm not sure of the spelling) he is the Protective Service Worker in charge of this case 693-7747. They will work with you to try to resolve this mess. Page 1 of 1 2� 49 _l GA i� a -.Q: .sG.ry r 1 ✓6a S e�r v'r t.�'. J l ue s _ � ,. ri ! d T e- ;) 1 i l E'�= 1. l! I� 6 7 �r'L G G / -e 41-- r-,. a 61 l a b t t Te r. fit � z, 3 " � .S �3 i� I 1, e-rz - ✓•��v�s � . � _ ✓.� _ � t t-�s%% �4 -�.-� �.�- ,lam % S 1�+-6_��6-�..f'r/ ��. � % �� ✓ 6+��-f Z°��ic � r G, - L/ 3 33 S`/�� 5 l G�. � ! _� G• a y Via--- ^" �°"� /..t � ;,.�... -- 7401- r �%.. � e ova y 1/3� .J� .a-�. fes,. c Town of North Andover HORTk OFFICE OF 3� °,",�� COMMUNITY DEVELOPMENT AND SERVICES ° 30 School Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT 9SSACHUSE� Director April 14, 1998 Jerry Maguire Pedestal Cleaning Services P.O. Box 697 North Andover, MA 01845 RE: 40 Milton Street — cost estimate Dear Mr. Maguire: The North Andover Board of Health is seeking an estimate for the cleaning of the dwelling unit at 40 Milton Street, North Andover. Under M.G.L. Chapter 111, section 127B and 105 CMR 410.960(A), the North Andover Board of Health has the legal authority to cause the unit to be cleaned. Following is a scope of work that must be done to bring this unit into compliance with the order: 1. The kitchen and bathroom floors must be thoroughly cleaned and disinfected. 2. The bathroom fixtures (tub, toilet, and sink) must be thoroughly cleaned and disinfected. 3. The walls of the bathroom must be cleaned and disinfected. 4. All countertops and table tops in the kitchen must be thoroughly cleaned and disinfected. 5. The refrigerator must be cleaned with spoiled food discarded. Any spoiled food in cabinets must also be disposed of. 6. The kitchen sink must be thoroughly cleaned and sanitized. 7. The floors throughout the apartment must be at least vacuumed, and cleaned if soiled with bodily fluids. This includes urine. 8. All surfaces that appear to be soiled with bodily fluids or other filth should also be cleaned and disinfected if possible. Please submit an estimate for the work involved at this address based on the above scope. Feel free to call the office with any questions you may have. Sincerely, Sandra Starr, RS. Health Administrator Cc: T. Ceplikas BOH W. Scott &ile BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 WILLIAM J. SCOTT Director April 3, 1998 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 30 School Street North Andover, Massachusetts 01845 NORTH ANDOVER BOARD OF HEALTH ORDER LETTER RE: 40 Milton Street North Andover, MA 01845 OWNER: Thomas A. Ceplikas Responding to a request by the North Andover Police Department, a legal inspection of the premises at 40 Milton Street was performed by North Andover Health Department personnel on April 2, 1998. The premises of the upstairs apartment were found to be in a filthy condition. Surfaces in the kitchen; i.e. table, counters, floor, were encrusted with old food and human discharges. This was also the case in the bathroom where it appears that there is a problem with the toilet. There was a very strong noxious odor permeating the unit and descending down the stairs, affecting other dwelling units. The rest of the apartment was cluttered, unclean and dark. Working light fixtures were at a minimum or non-existent. The common area of the lower hall held trash incorrectly stored; there were large holes in the plaster wall and paint was peeling on the ceiling. In addition, the second story porch appeared unsafe. Because there are other dwelling units in the building and because the conditions in #40 Milton Street are so egregiously filthy, it is deemed that a condition exists which endangers the health or well being of the occupants. An emergency situation is therefore declared. Under 105 CMR 400.200(B) the upstairs dwelling at 40 Milton Street is hereby declared unfit for human habitation. Before any future occupancy can occur, and within five (5) days, you are hereby ordered to hire a professional cleaning company to completely clean the dwelling unit and bring it to a sanitary level of cleanliness. After the unit has been professionally cleaned, the North Andover Health Department must be contacted to perform a followup inspection. Additional repairs of the porch and common area walls will eventually be required. If a professional cleaning company is not hired within five (5) days, please be advised that under 105 CMR 410.960(A), the North Andover Board of Health may cause 'e BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 IN such cleaning to be done and charge the responsible person or persons with all expenses incurred, or place a lien on the property to recover expenses. If there are any questions concerning the contents of this letter, please call the Board of Health office at the number below between 8:30 and 4:30 Monday through Friday. Sincerely, Sandra Starr, R. S. Health Administrator Cc: Wm. Scott, Dir, CD&S BOH NAPD K. Surette File 10- COMPLAINT # COMPLAINANT ADDRESS OF PRE OCCUPANT OWNER NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housing Inspection Report L/g4-5 OWNER'S ADDRESS 514-" ' DATE OF INSPECTION 4 LA 1 1?8 HOUR INSPECTOR Form MR -1 Actlon Press 885.7000 t' tj . �. t. ,: , � �; I; ,f �: e 6 _ 11 I , '`y ` :; ISI z x t SENDER: I also wish to receive the ■ Complete items 1 and/or 2 for additional services. following services (for an ■ Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■ Attach this form to the front of the mailpiece, or on the back if space does not 1. ElAddressee's Address permit. ■ Write "Return Receipt Requested"on the mailpiece below the article number. 2. El Restricted Delivery ■ The Return Receipt will show to whom the article was delivered and "file date Consult postmaster for fee. delivered. 3. Article Addressed to: Attorney George Stella 160 Common Street Lawrence, MA 01840 5. Received By: (Print Name) 6. KI 4a. P 205 969 504 4b. Service Type ❑ Registered t7 Certified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 8. AddresseEJs AddressROtj/yffrequested and fee is paid), PS Korm 3811, December 1994 102595-98-B-0229 Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • North Andover Board of Health 27 Charles Street North Andover, MA 01845 Y Pedestal C Bill To Board of Health 30 School St No. Andover MA 01845 P.O.Number Terms JULY 13,1998 DUP2263 ig Service "Up above the Rest" Invoice Number Date Ship To DR. Thomas Ceplikas 40 Milton Street No. Andover MA 01845 Sales Rep CLIENT # 001 688-9535 1014 04/30/98 Code COMM Quantity Description Unit Price Amount 1 cleaning per quote )0 2,280.00 D UPLICATE!!! 40 One window removed repaired and replaced "NO DUPLICATEM ./ Amount Paid 0.00 Amount Due 2,280.00 A..QinR Statement 0 - 30 days 31-60 61 -90 90 plus Total 0.00 0.00 2,280.00 0.00 2,280.00 TOTAL $2,280.00 24 Hour Dispatch Service 508-683-8734 - 800-520-8777 - Pager 508-803-0588 - Fax 508 974-0846 P.O. Box 697 - North Andover, MA 01845 ig Service "Up above the Rest" Invoice Number Date 1014 04/30/98 Bill To Ship To Board of Health DR. Thomas Ceplikas 30 School St 40 Milton Street No. Andover No. Andover MA 01845 MA 01845 P.O.Number Terms Sales Rep CLIENT # Code JULY 13,1998 DUP2263 001 688-9535 COMM Quantity Description Unit Price Amount 1 cleaning per quote 2,280.00 2,280.00 D UPLICATE!!! One window removed repaired and replaced "NO CHARGE" DUPLICATE!!! ./ Amount Paid 0.00 Amount Due 2,280.00 A.izing Statement 0 - 30 days 31 -60 61 -90 90 plus Total 0.00 0.00 2,280.00 0.00 2,280.00 TOTAL $2,280.00 24 Hour Dispatch Service 508-683-8734 - 800-520-8777 - Pager 508-803-0588 0 Fax 508 974-0846 P.O. Box 697 - North Andover, MA 01845 10/13/98 13:50 FAX 508 6889556 NORTH ANDOVER LEONARD KOPELMAN KOPELMAN AND PAIGE, P. C. DONALD 6. PAIGE ELIZABETH A. LANE ATTORNEYS AT LAW JOYCE FRANK JOHN W. GIORGIO _ a) ST. JAMES AVENUE BARBARA J. SAINT ANDRE JOEL B. BARD BOSTON, MASSACHUSETTS 02118.4102 EVERETT J. MARDER PATRICK J. COSTELLO JOSEPH L. TUNAN, JR. (617) 659-0007 ANNE -MARIE M. HYLAND FAX (917) OSA-1735 THERESA M. DOWDY �- DEBORAH A. ELIASON PdTSRIELP OFFICE RICHARD BOWEN (4151 443.6100 EDWARD M. REILLY NORTHAMPTON OFPICE WkECTOR WSSMRH VMCC (418) 566-8672 WILLIAM HEWIG 111 WORCESTER OFFICE JEANNE S. McKNIGHT (ZOO) 752.0203 JUDITH C. CUTLER September 3, 1998 AV FACSIMILE - (978 6R�, 9-9556 Ms. Roberta McGowan Assistant Treasurer North Andover Town Hall 120 Main Street forth Andover, MA 01845 9 002 KATHLEEN M. aooNNELL DAVID J. DONESKl SANDRA M.CNARTON ILANA M. QUIRK PATRICIA A. CANTOR JOHN R. HucKSAM. JR. THOMAS G LANE. JR. BRIAN W. R1LrY ROBERT PATTEN MARK R. REICH MARY L. GIORGIO KATHLEEN E. CONNOLLY CHR)STOPHL'R J. DROLL MICHELE E. PANDA220 OARREN R. KLCTN THOMAS W. MCUNANE'T JONATHAN M. SILVERSTEIN TIMOTHY J. ERVIN KATHARINE 1. GOREE CHRISTOPHER J. POLLART KRISTIN a. MAGENDANTZ LAURA N. KLING Re: Statement of Claim Rel 'ye Costs for Heath Nuisance Abatement at 40 Milton Street Dear Ms. McGowan: Pursuant Lo your request, I have enclosed a format Statement of Claim Pursuant to G.L. c.139, §3A relative to the public health nuisance abatement costs incurred by the Town at the property located at 40 Milton Street. The provisions of G.L. c. l 11, § 123 authorize a local board of health to order the owner or occupant of any private premises, at his or her own expense, to remove any nuisance, source of filth or cause of sickness found thereon within 24 hours or such other time as the board considers reasonable. Such an Order of Abatement must be issued in writing, and may be served personally upon the owner, occupant or his authorized agent by any person authorized to serve civil process, a copy may be left at the last and usual Place of abode of the owner, occupant or agent, or a copy of the Order may be sent to the owner, occupant or agent by registered mail, return receipt requested. Given the fact that the owner of the subject real property is deceased, the Order of Abatement may lie served upon or mailed to the administi-ator or executor or the estate of the decedent, if the identity of such person is known. If the identity or whereabouts of the representative of the estate is unknown, the Board of Health may direct the Order to be served by posting a copy thereof in a conspicuous place on the premises and by advertising it for at least tbree out of five consecutive days in one or more newspapers of ,general circulation within the Town. PRINTED ON RECYCLED PAPER 10/13/98 13:50 FAX 508 6889556 NORTH ANDOVER Q003 KOPELMAN AND PAIGE, P.C. Ms. Roberta McGowan Assistant Treasurer September 3, l 998 Page 2 If the representative of the estate of the owner fails to comply with the Order of Abatement, the Board of Health may take action to remove the nuisance, source of filth or cause of sickness and all expenses incurred by the Board shall constitute a debt due to the Town upon completion of the removal and the issuance ora bill or account therefor to the owner s representative. The Town's claim for recovery of these expenses may be pursued in court in an action of contract. In addition to the right to pursue a contract action, the Town may impose a lien on the property in accordance with the provisions of G.L. e.139, §3A. The Statement of Claim enclosed herewith must be recorded at the Registry of Deeds within 90 days after the debt becomes due pursuant w the bill or account sent to the representative of the estate. The materials forwarded for my review did not indicate the specific date upon which the $2,280 cleaning services fee was due to the Town. Once the Statement of Claim is recorded at the Registry of Deeds, the lien will take effect and will continue until October 1, 2000- If the debt for which the lien is in effect remains unpaid when the Assessors are preparing their next real estate tax list and warrant for commitment to the Tax Collector, the Board of Health should certify this debt to the Assessors who will add it to the tax on the property to which it relates and commit it with their warrant to the Collector as part of such tax. Assuming that the Notice of Abatement of Nuisance procedures set forth in G.L. c.111, §§123 through 125 have been complied with by the Board of Health, and an accounting of the cleaning costs has been issued to the representative of the owner, the Board of Health may complete and execute the enclosed form Statement of Claim and record the same at the Registry of Deeds. Please note that this document must be recorded within 90 days of the date upon which the debt was due to the Town. Once recorded, the outstanding cleaning costs shall constitute a lien on the subject property in accordance with the provisions of G.L. c.139, §3A. Please feel free to contact me if you have any further questions or comments in this regard. PJC/melts Enc. cc: Board of Health $7969.1/NwuL/0001 10/13/98 13:50 FAX 508 6889556 NORTH ANDOVER 0 004 STATEMENT OF CLAIM PURSUANT TO G.L_ c.139, §3A in accordance with the provisions of G.L. c-139, §3A and G.L. c.111, §125, the undersigned Board of Health of the Town of North Andover hereby states that the following costs and expenses were incurred by the Town .for the removal of a public health nuisance located at 40 Milton Street, North Andover, County of Essex, Massachusetts, identified as Assessor's Plat , Lot . The record owner of said property is of , County, Massachusetts, by virtue of a Deed recorded with the Essex County Registry of Deeds, Northern District at Book , Page n_, SCR�IPTI-ON OF C( RTIEXP SE OIJN Signed this day of 1998. BOARD OF HEALTH OF THE TOWN OF NORTH ANDOVER Then personally appeared the above-named Members of the Board of Health for the Town of North Andover and acknowledged the foregoing instrument to be their free act and deed, before me. Notary Public My commission expires: 57971. tMand/0001 P 205 969 50.4 ., US Pagtal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sentto Attorney George Stella Street & Number 160 Common Street Post Office, State, & ZIP Code Lawrence MA 01840 Postage $ 2.77 Certified Fee Special Delivery Fee LO Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered n Return Receipt Showing to Whom, Q Date, & Addressee's Address 0 TOTAL Postage & Fees $ 2.77 Postmark or Date 0 sent 10/13/98 CD a @sJ9©g 968 ¥'008C LLUO=l Sd 10 �§\{ CD w Cr ©2 - �k c �/ 7 S _ b �■ Z §®§ f §E ID )) 2= )¥ E LU % § §f (5 k{ E j\k \ - 2E2 {f4Z2 :& -a 2 /) » )■; ��& �/ k 2cD k { $ §� /r 2� �� � Iee -�k� §� { §) /kƒ\jkak222}) ;© «ƒ/ k« �k�/ �� \� _ �® kk} ƒa \ §M k§ §, Q) {t2 �) \J�k �k )/ / W. fk E»f8 CD �2 �a §k§ - ] \§ \ ID 2]] ° ��)B ■�{ �) ■Ecr *�k■k az - - �2= � (`0 E /Q[§ t) 20§ 6s&a Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 October 2, 1998 Attorney George Stella 160 Common Street Lawrence, M.A. 01840 RE: 40 Milton Street, North Andover Dear Attorney Stella: Certified# P 205 969 504 Fax(978)688-9542 This letter comes to you as representative of the executor of the estate of Thomas Ceplikas, late of 40 Milton Street, North Andover. As you are aware, the North Andover Board of Health caused the above - referenced premises to be cleaned because they were a source of filth and a nuisance. The bill from the cleaning company of $2,280.00 remained unpaid when submitted to the estate. In August of this year, the Town of North Andover paid the bill in full. The amount of $2,280.00 is now due to the Town of North Andover. As noted in the Order letter to abate the nuisance, a lien will be placed on the property if this bill remains unpaid. Please feel free to call the Health Office if you have any questions. Sincerely, .�`�"� '- Sandra Starr. RS. Health Administrator Cc: R. McGowan, Treasurer File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 April 14, 1998 Jerry Maguire Pedestal Cleaning Services P.O. Box 697 North Andover, MA 01845 RE: 40 Milton Street — cost estimate Dear Mr. Maguire: The North Andover Board of Health is seeking an estimate for the cleaning of the dwelling unit at 40 Milton Street, North Andover. Under M.G.L. Chapter 111, section 127B and 105 CMR 410.960(A), the North Andover Board of Health has the legal authority to cause the unit to be cleaned. Following is a scope of work that must be done to bring this unit into compliance with the order: 1. The kitchen and bathroom floors must be thoroughly cleaned and disinfected. 2. The bathroom fixtures (tub, toilet, and sink) must be thoroughly cleaned and disinfected. 3. The walls of the bathroom must be cleaned and disinfected. 4. All countertops and table tops in the kitchen must be thoroughly cleaned and disinfected. 5. The refrigerator must be cleaned with spoiled food discarded. Any spoiled food in cabinets must also be disposed of. 6. The kitchen sink must be thoroughly cleaned and sanitized. 7. The floors throughout the apartment must be at least vacuumed, and cleaned if soiled with bodily fluids. This includes urine. 8. All surfaces that appear to be soiled with bodily fluids or other filth should also be cleaned and disinfected if possible. Please submit an estimate for the work involved at this address based on the above scope. Feel free to call the office with any questions you may have. Sincerely, Sandra Starr, R S. Health Administrator Cc: T. Ceplikas BOH W. Scott File Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 October 2, 1998 Attorney George Stella 160 Common Street Lawrence, MA. 01840 RE: 40 Milton Street, North Andover Dear Attorney Stella: Fax(978)688-9542 This letter comes to you as representative of the executor of the estate of Thomas Ceplikas, late of 40 Milton Street, North Andover. As you are aware, the North Andover Board of Health caused the above - referenced premises to be cleaned because they were a source of filth and a nuisance. The bill from the cleaning company of $2,280.00 remained unpaid when submitted to the estate. In August of this year, the Town of North Andover paid the bill in full. The amount of $2,280.00 is now due to the Town of North Andover. As noted in the Order letter to abate the nuisance, a lien will be placed on the property if this bill remains unpaid. Please feel free to call the Health Office if you have any questions. Sincerely, Sandra Stan. RS. Health Administrator Cc: R. McGowan, Treasurer File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 NORTH ANDOVER BOARD OF HEALTH ORDER LETTER April 3, 1998 RE: 40 Milton Street North Andover, MA 01 845 OWNER: Thomas A. Ceplikas Responding to a request by the North Andover Police Department, a legal inspection of the premises at 40 Milton Street was performed by North Andover Health Department personnel on April 2, 1998. The premises of the upstairs apartment were found to be in a filthy condition. Surfaces in the kitchen; i.e. table, counters, floor, were encrusted with old food and human discharges. This was also the case in the bathroom where it appears that there is a problem with the toilet. There was a very strong noxious odor permeating the unit and descending down the stairs, affecting other dwelling units. The rest of the apartment was cluttered, unclean and dark. Working light fixtures were at a minimum or non-existent. The common area of the lower hall held trash incorrectly stored; there were large holes in the plaster wall and paint was peeling on the ceiling. In addition, the second story porch appeared unsafe. Because there are other dwelling units in the building and because the conditions in #40 Milton Street are so egregiously filthy, it is deemed that a condition exists which endangers the health or well being of the occupants. An emergency situation is therefore declared. Under 105 CMR 400.200(B) the upstairs dwelling at 40 Milton Street is hereby declared unfit for human habitation. Before any future occupancy can occur, and within five (5) days, you are hereby ordered to hire a professional cleaning company to completely clean the dwelling unit and bring it to a sanitary level of cleanliness. After the unit has been professionally cleaned, the North Andover Health Department must be contacted to perform a followup inspection. Additional repairs of the porch and common area walls will eventually be required. If a professional cleaning company is not hired within five (5) days, please be advised that under 105 CMR 410.960(A), the North Andover Board of Health may cause such cleaning to be done and charge the responsible person or persons with all expenses incurred, or place a lien on the property to recover expenses.. If there are any questions concerning the contents of this letter, please call the Board of Health office at the number below between 8:30 and 4:30 Monday through Friday. Sincerely, Sandra Starr, R.S. Health Administrator Cc: Wm. Scott, Dir. CD&S BOH NAPD K. Surette File STATEMENT OF CLAIM PURSUANT TO G.L. c. 139. §3A In accordance with the provisions of G.L. c. 139. §3A and G.L. c. 111. § 125, the undersigned Board of Health of the Town of North Andover hereby states that the following costs and expenses were incurred by the Town for the removal of a public health nuisance located at 40 Milton Street, North Andover, County of Essex, Massachusetts_ identifiP.4 ae 4 T- The record owner of said property is the Estate o: ty, Massachusetts, by virtue of a Deed re ,�/ MU� :hen District at Book Page DESCRIPTION OF COST EXPENSI S % a N Signed this Then personally appeared the above-named Members of the Board of Health for the Town of North Andover and acknowledged the foregoing instruments to be their free act and deed, before me. Notary Public My commission expires: STATEMENT OF CLAIM PURSUANT TO G.L. c. 139. §3A In accordance with the provisions of G.L. c. 139. §3A and G.L. c. 111. § 125, the undersigned Board of Health of the Town of North Andover hereby states that the following costs and expenses were incurred by the Town for the removal of a public health nuisance located at 40 Milton Street, North Andover, County of Essex, Massachusetts, identified as Assessor's Plat Lot . The record owner of said property is the Estate of Thomas A. Ceplikas, of North Andover, Essex County, Massachusetts, by virtue of a Deed recorded with the Essex County Registry of Deeds, Northen District at Book Page DESCRIPTION OF COST EXPENSE AMOUNT Signed this day of 1998. BOARD OF HEALTH OF THE TOWN OF NORTH ANDOVER Then personally appeared the above-named Members of the Board of Health for the Town of North Andover and acknowledged the foregoing instruments to be their free act and deed, before me. Notary Public My commission expires: 09/03/98 THU 09:33 FAX 617 654 1735 KOPEL31AN AND PAIGE r KOPELMAN AND PAIGE, P.C. 31 St. James Avenue Boston, MA 02116 (617) 556-0007 / (617) 654-1735 - Fax Worcester Boston THIS DOCUMENT IS CONFIDENTIAL FAX TRANSMITTAL COVER SHEET a 001 Northampton Date September 3, 1998 Number of Pages Including Cover 4 Account Code 0048 Original Will Follow Yes X No This Fax was Sent By: Patrick J. Costello, Esq. Operator Initials PLEASE DELIVER TO: NAME Ms. Roberta McGowan Assistant Treasurer COMMENTS OR INSTRUCTIONS: FAX NUMBER (978)688-9556 PLEASE CONTACT SENDER AT (617)654-1754 if YOU HAVE NOT RECEIVED THE NUMBER OF PAGES NOTED ABOVE OR IF THERE ARE .ANY PROBLEMS WITH THIS TRANSMISSION. 09/03/98 10:36 TX/RX N0.1316 P.001 0 09/03/98 THU 09:33 FAX 617 654 1735 NOPRUJAN AND PAIGE September 3, 1998 BY FACSIMILE - �9741£�88-9556 Ms. Roberta McGowan Assistant Treasurer North Andover Town Hall 120 Main Street North Andover, MA 01845 KATHLEEN M. O'DONNELL DAVID J. DONESKI SANDRA M. CHARTON (LANA M. QUIRK PATRICIA A. CANTOR JOHN R. HUCKSAM, JR. THOMAS P. LANE, JR. BRIAN W. RILEY ROBERT PATTEN MARK R. REICH MARY L. GIORGIO KATHLEEN E. CONNOLLY CHRISTOPHER J. GROLL MICHELE E. RANDA770 DARREN R. KLEIN THOMAS W. MCENANEY JONATHANM. SILVERSTEIN TIMOTHY J. ERV IN KATHARINE 1. GORGE CHRISTOPHER J. POLLART KRISTIN B. MAGENOANTZ LAURA N. KLING Re: Statement of Claim Relative Costs for Health Nuisance Abatement at 40,,Millon Stre t Dear Ms. McGowan: Pursuant to your request. I have enclosed a format Statement of Claim Pursuant to G.L. c.139, §3A relative to the public health nuisance abatement costs incurred by the Town at the property located at 40 Milton Street. The provisions of G.L. c.111, §123 authorize a local board of health to order the owner or occupant of any private premises, at his or her own expense, to remove any nuisance, source of filth or cause of sickness found thereon within 24 hours or such other time as the board considers reasonable. Such an Order of Abatement must be issued in writing, and may be served personally upon the owner, occupant or his authorized agent by any person authorized to serve civil process, a copy may be left at the Last and usual place of abode of the owner, occupant or agent, or a copy of the Order may be sent to the owner, occupant or agent by registered mail, return receipt requested. Given the fact that the owner of the subject real property is deceased, the Order of Abatement may be served upon or mailed to the administrator or executor of the estate of the decedent, if the identity of such person is known. If the identity or whereabouts of the representative of the estate is unknown, the Board of Health may direct the Order to be served by posting a copy thereof pse °rive days conspicuous one or more ne�ce on le premises vspapers of general byadvertising circulation it for at least three out of five within the Town. PRINTED ON RECYCLED PAPER 09/03/98 10:36 TX/RX N0.1316 P.002 0 002 KOPELMAN AND PAIGE, P. C. LEONARD KOPEI-M P'N DONALD G. PAIGE ATTORNEYS AT LAW ELIZABETH A. LANE JOYCE FRANK 31 ST. JAMES AVENUE JOHN W, GIORGIO BARBARA J. SAINT ANDRE MASSACHUSETTS 021 16-4102 JOEL B. BARD BOSTON, EV ERETT J. MARDER PATRICK J. COSTELLO (617) L158.0007 JOSEPH L. TEHAN, JR. FAX (617) 834.1735 A NNE -MARIE M. HYLAND _-^ THERESA M. DOWDY PITTSFIELD OFFICE OF_SORAH A. ELIASON (4131 443-6100 RICHARD BOWEN NORTHAMPTON OFFICE EDWARD M. REILLY (413) SBS -863'2 DIRECTOR WESTERN Q> FICE -_ WORCESTER OFFICE WILLIAM HEWIG 111 (508) 752.0203 JEA NNE S. MCKNIGHT JUDITH C. CUTLER September 3, 1998 BY FACSIMILE - �9741£�88-9556 Ms. Roberta McGowan Assistant Treasurer North Andover Town Hall 120 Main Street North Andover, MA 01845 KATHLEEN M. O'DONNELL DAVID J. DONESKI SANDRA M. CHARTON (LANA M. QUIRK PATRICIA A. CANTOR JOHN R. HUCKSAM, JR. THOMAS P. LANE, JR. BRIAN W. RILEY ROBERT PATTEN MARK R. REICH MARY L. GIORGIO KATHLEEN E. CONNOLLY CHRISTOPHER J. GROLL MICHELE E. RANDA770 DARREN R. KLEIN THOMAS W. MCENANEY JONATHANM. SILVERSTEIN TIMOTHY J. ERV IN KATHARINE 1. GORGE CHRISTOPHER J. POLLART KRISTIN B. MAGENOANTZ LAURA N. KLING Re: Statement of Claim Relative Costs for Health Nuisance Abatement at 40,,Millon Stre t Dear Ms. McGowan: Pursuant to your request. I have enclosed a format Statement of Claim Pursuant to G.L. c.139, §3A relative to the public health nuisance abatement costs incurred by the Town at the property located at 40 Milton Street. The provisions of G.L. c.111, §123 authorize a local board of health to order the owner or occupant of any private premises, at his or her own expense, to remove any nuisance, source of filth or cause of sickness found thereon within 24 hours or such other time as the board considers reasonable. Such an Order of Abatement must be issued in writing, and may be served personally upon the owner, occupant or his authorized agent by any person authorized to serve civil process, a copy may be left at the Last and usual place of abode of the owner, occupant or agent, or a copy of the Order may be sent to the owner, occupant or agent by registered mail, return receipt requested. Given the fact that the owner of the subject real property is deceased, the Order of Abatement may be served upon or mailed to the administrator or executor of the estate of the decedent, if the identity of such person is known. If the identity or whereabouts of the representative of the estate is unknown, the Board of Health may direct the Order to be served by posting a copy thereof pse °rive days conspicuous one or more ne�ce on le premises vspapers of general byadvertising circulation it for at least three out of five within the Town. PRINTED ON RECYCLED PAPER 09/03/98 10:36 TX/RX N0.1316 P.002 0 002 09/03/98 THU 09:34 FAX 617 654 1735 KOPELMAN .AND PAIGE KOPELMAN AND PAIGE, P.C. Ms. Roberta McGowan Assistant Treasurer September 3, 1998 Page 2 If the representative of the estate of the owner fails to comply with the Order of Abatement, the Board of Health may take action to remove the nuisance, source of filth or cause of sickness and all expenses incurred by the Board shall constitute a debt due to the Town upon completion of the removal and the issuance of a bill or account therefor to the owner's representative. The Town's claim for recovery of these expenses may be pursued in court in an action of contract. In addition to the right to pursue a contract action, the Town may impose a lien on the property in accordance with the provisions of G.L. c.139, §3A. The Statement of Claim enclosed herewith must be recorded at the Registry of Deeds within 90 days after the debt becomes due pursuant to the bill or account sent to the representative of the estate. The materials forwarded for my review did not indicate the specific date upon which the $2,280 cleaning services fee was due to the Town. Once the Statement of Claim is recorded at the Registry of Deeds, the lien will take effect cuzd will continue until October 1, 2000. If the debt for which the Iien is in effect remains tuipaid when the Assessors are preparing their next real estate tax list and warrant for conunitment to the "lax Collector, the Board of Health should certify this debt to the Assessors who will add it to the tax on the property to which it relates and commit it with their warrant to the Collector as part of such tax. Assuming that the Notice of Abatement of Nuisance procedures set forth in G.L. c.111, § § 123 through 125 have been complied with by the Board of Health, and an accounting of the cleaning costs has been issued to the representative of the owner, the Board of Health may complete and execute the enclosed form Statement of Claim and record the same at the Registry of Deeds. Please note that this document must be recorded within 90 days of the date upon which the debt was due to the Town. Once recorded, the outstanding cleaning costs shall constitute a lien on the subject property in accordance with the provisions of G.L. c.139, §3A. Please feel free to contact me if you have any further questions or comments in this regard. PJC/megs Enc. cc: Board of Health 57969.1/Nand/0001 09/03/98 10:36 TX/RX N0.1316 P.003 la 003 NORTH ANDOVER BOARD OF HEALTH ORDER LETTER April 3, 1998 RE: 40 Milton Street North Andover, MA 01845 OWNER: Thomas A. Ceplikas Responding to a request by the North Andover Police Department, a legal inspection of the premises at 40 Milton Street was performed by North Andover Health Department personnel on April 2, 1998. The premises of the upstairs apartment were found to be in a filthy condition. Surfaces in the kitchen; i.e. table, counters, floor, were encrusted with old food and human discharges. This was also the case in the bathroom where it appears that there is a problem with the toilet. There was a very strong noxious odor permeating the unit and descending down the stairs, affecting other dwelling units. The rest of the apartment was cluttered, unclean and dark. Working light fixtures were at a minimum or non-existent. The common area of the lower hall held trash incorrectly stored; there were large holes in the plaster wall and paint was peeling on the ceiling. In addition, the second story porch appeared unsafe. Because there are other dwelling units in the building and because the conditions in #40 Milton Street are so egregiously filthy, it is deemed that a condition exists which endangers the health or well being of the occupants. An emergency situation is therefore declared. Under 105 CMR 400.200(B) the upstairs dwelling at 40 Milton Street is hereby declared unfit for human habitation. Before any future occupancy can occur, and within five (5) days, you are hereby ordered to hire a professional cleaning company to completely clean the dwelling unit and bring it to a sanitary level of cleanliness. After the unit has been professionally cleaned, the North Andover Health Department must be contacted to perform a followup inspection. Additional repairs of the porch and common area walls will eventually be required. If a professional cleaning company is not hired within five (5) days, please be advised that under 105 CMR 410.960(A), the North Andover Board of Health may cause I { f • f .rl 1= r J such cleaning to be done and charge the responsible person or persons with all expenses incurred, or place a lien on the property to recover expenses. If there are any questions concerning the contents of this letter, please call the Board of Health office at the number below between 8:30 and 4:30 Monday through Friday. Sincerely, Sandra Starr, R. S. Health Administrator Cc: Wm. Scott, Dir. CD&S BOH NAPD K. Surette File TOWN OF NORTR, ANDOVER OFFICE OF DIVISION OF FINANCE AND ADMINISTRATION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Roberta McGowan °�,;�•o "a° Telephone (978) 688-9550 Assistani Treasurer 0� FAX (978) 688-9556 Toi ii,, Or I`ORTF� AAR R/ ROARD OF r'EALTH 4SSACMUS��- } 2 7 r August 26, 1998 Patrick Costello, Esquire Kopelman & Paige, P.C. 31 St. James Avenue, 7t' Floor Boston, MA 02116-4102 RE: 40 Milton Street Dear Pat: by FAX: 1-800-951-5455 We have been asked to file a lien on the subject property to cover services to clean the premises by the Board of Health. The owner is deceased and the cost of the clean-up has been billed to the Estate, but they have not responded. Please advise the format to file a lien at the North Essex Registry of Deeds in the amount of $2,280, returning a sample that I can follow to type this lien. Are there additional charges that should be added? Can this then be added to the third quarter real estate tax bill that will be sent in December? I can be reached at 978-688-9552 if necessary, or my fax number is 688-9556. Thank you for your prompt attention. Sincerely Roberta McGowan closure _. .o. cc: North Andover Bo4f Health w Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director DATE: TO: 30 School Street North Andover, Massachusetts 01845 INTERNAL MEMORANDUM July 13, 1998 Kevin Mahoney, Finance Director CC: Laurie Elliott, Town Accountant Roberta McGowan, Treasurer FROM: Sandra Starr, Health Ad 11 ` a 064411L, RE: Payment of Cleaning Bill for 40 Milton Street As I briefly discussed with you this morning, in May of this year, the Board of Health found it necessary to retain the services of Pedestal Cleaning Service to clean the premises at 40 Milton Street. To date this bill has not been paid by the Estate so the Health Department must pay it and a lien must be placed on the property. As you can see on the enclosed budget control report, the Health Department has insufficient funds to cover the charge. However, Donna Mae D'Agata suggested I submit a copy of Building's budget, since there are funds in that budget. I am also enclosing a duplicate invoice of the one submitted to this department in May. I am requesting that all remaining funds in the Health Department be encumbered for the payment of this bill. Please call if there is anything further that I need to do for this first step. CONSERVATION - (978) 688 9530 • HEALTH - (978) 688-9640 • PLANNING - (978) 688-9535 *BUILDINGOFFICE - (978) 688-9545 • *ZONING BOARD OF APPEALS - (978) 688-9541 • *146 MAIN STREET 4�1 ~,. ° I Bill To Board of Health 30 School St No. Andover MA 01.845 P.O.Number JULY 13,1998 'S "Up above the Rest" Invoice Number —,1014-- Date 014--Date 04/30/98 Ship To DR. Thomas Ceplikas 40 Milton Street No. Andover MA 01845 Terms Sales Rep CLIENT # Code DUP2263 001 688-9535 COMM Quantity Description Unit Price Amount 1 cleaning per quote 2,280.00 2,280.00 duplicate Amount Paid 0.00 Amount Due 2,280.00 Aginiz Statement 0 - 30 days 31-60 61 -90 90 plus Total 0.00 0.00 0.00 2,280.00 2,280.00 6 TOTAL $2,280.00 . 24 Hour Dispatch Service 508-683-8734 - 800-520.8777 0. Pager 508-803-0588 - Fax 508 974-0846 P.O. Box 697 - North Andover, MA 01845 4 c� �y y 2-. C) C) m 0 m O Oz D O m m D � m= Z D C O r c r m D m co v 0) r D I i I i i I I m OW j m a C66 i I o m j I I I Cl) j i I I .� Z O � � I <°W�> j m o o O Ln o C) m 0 m O Oz D O m m D � m= Z D C O r c r m D m REQUEST FOR BUDGET REALLOCATION (TO BE SUBMITTED IN TRIPLICATE) T0: D I REC T OR OF F I NANCE FROrri:—T. �0EPARTi'1ENT. 9 oA,Tc: D�- / —DEPARTi^EN T T1�.15 15 TO REQUE5 T A REALLOCATION OF THE CURRE;IT YE,�,R OPERATING SU'CGE . FOR I S DE'?/=,RTS 1ENT. THE DETAIL OF Tr IS RE'�UEST ?.'RE L! S c� SELOW I) Amount req, uested'to be reallocated ...................................... .00 R alloca�ion to Accountfn- �3�/ Present Salance �) =ai ioca�ion i rom ACcoun�, � �r se:n� �ai�ce ,ouroose of the request: yD �� exclanation why request 1s soueh�: y it Fa /? d, 0 -To t/ �--Zoo�t4 #aaja-tk Cleani n t10 Mi /7r1 \�, v Division Dir cto Sicna.ure Id cilaDl� YES.. NO. Town �our1L: �,��� Oisaocrovorf ,,fir.; Finance Director ORIGI`1j�T -UNTD TWO COPIES TO ACCOUNTING. ry,9? REQUEST FOR BUDGET REALLOCATION (TO BE SUBMITTED IN TRIPLICATE) T0: D I P.ECTOR OF F I NANCE FRCrI: jam. 1�'�i9 C� DEPArTi 1ENT: 1� oA.TE: -y DEPARTi ^ENT THIS IS TO REQUES I A REALLOC,'TION OF THE CURRENT YE, -`-,R OPERATING BUDGET FOR THIS DEPr.RTi"1EN ► . THE DETAIL OF T HIS REQUEST ARE LISTE'� BELOW o 1) Amount revue=ted to'oe real lacat�d...................................... �o �-. � - � i � present Balance � — ,7) �;a 1cca_�on �o Account �� 0 < ;) Reai ioca:lon 1 rom Account - enc �aiance 4) Soeci r is Quroese of the rest: Si Derailed excianatlon why request 1= souah�: ----------------------------------------- 7---------------�`✓ r' E 4 \I Tcwn "ccountan` 7) ............. Ji F'i nanc ORIGINAL AIM TT,O COPIES TO ACCOUNTING. Dai. REQUEST FOR BUDGET REALLOCATION (TO BE SUBMITTED IN TRIPLICATE) TO: DIRECTOR OF FINANCE / FROM: T. D DEPARTMENT 3V— DATE: �. J �- �� DEPARTMENT THI5 15 TO REQUEST A REALLOCATION OF THE CURRENT YEAR OPE-RATING 8UDGE T FOR THI5 DEPARTMENT. THE DETAIL OF THI5 REQUEST ARE LIS T ED BELOW: $ 19 1 ) Amount requested to be r a �Cated ................ %) Real location to Acco t - Pres:.nt Balance 3) Reallocation from Account - r„sent 3aianc, L 4) Soecii is ouroose of the request: , 5) Detailed exclanatlon why request is sought: C, f L' � WE Divislon Dirk/tor Signature 6) Funcs available 5............ NO............ Tow jACCJ�t 7) saooroved............. Finance Dlreclor ORIGINAL AND TWO COPIES TO ACCOUNTING. DaC.e REQUEST FOR BUDGET REALLOCATION (TO BE SUBMITTED IN TRI PLI CATE) TO- DIRECTOR �OF FINANCE 0EPArTr 1EN T602 �� v- ge DATE: - DEPARTi ^ENT Tom! S 15 TO REQUEST A REALL0C,�TION OF T HE CUFRE`JT YE.R OPERA T I NC BUDGE T FOR Ti ;I S DE.� =.RTr 1ENT. THE DETAIL OF T rl S RE'OUEST AnE L! S BELO�y: I) Amount requested to be reallocated ...................................... ,cs. %loca.ion to Account - Present Saiance �) o - Account =�Pre�enC Eaiance i ca�ion i rcrl C) 'ouroose of the reques �: 7�2 C� De�aiied exolanac why request i= souehc, Df�\ ision 0irIct/jr Siena.ure -----------------------------------� ------,.----------------------- o) i=�nGC �fallaDl Y. ............. NC.........., I C .�CCy� rc }} r o v F!narCz-,- ORIGINAL zUfD TWO COPIES TO ACCOUNTING. LEONARD KOPELMAN DONALD G. PAIGE ELIZABETH A. LANE JOYCE FRANK JOHN W. GIORGIO BARBARA J. SAINT ANDRE JOEL B. BARD EVERETT J. MARDER PATRICK J. COSTELLO JOSEPH L. TEHAN, JR. ANNE -MARIE M. HYLAND THERESA M. DOWDY DEBORAH A. ELIASON RICHARD BOWEN EDWARD M. REILLY DIRECTOR WESTERN OFFICE WILLIAM HEWIG III JEANNE S. McKNIGHT JUDITH C. CUTLER KOPELMAN AND PAIGE, P. C. ATTORNEYS AT LAW 31 ST. JAMES AVENUE BOSTON. MASSACHUSETTS 02116-4102 (617) 556-0007 FAX (617) 654-1735 PITTSFIELD OFFICE (413) 443-6100 NORTHAMPTON OFFICE (413) 585-8632 WORCESTER OFFICE (508) 752-0203 September 3, 1998 BY FACSIMILE - (978)688-9556 �.-- Ms. Roberta McGowan Assistant Treasurer North Andover Town Hall 120 Main Street North Andover, MA 01845 KATHLEEN M. O'DONNELL DAVID J. DONESKI SANDRA M. CHARTON (LANA M. QUIRK PATRICIA A. CANTOR JOHN R. HUCKSAM, JR. THOMAS P. LANE, JR. BRIAN W. RILEY ROBERT PATTEN MARK R. REICH MARY L. GIORGIO KATHLEEN E. CONNOLLY CHRISTOPHER J. GROLL MICHELE E. RANDAZZO DARREN R. KLEIN THOMAS W. MCENANEY JONATHAN M. SILVERSTEIN TIMOTHY J. ERVIN KATHARINE I. GOREE CHRISTOPHER J. POLLART KRISTIN B. MAGENDANTZ LAURA N. KLING Re: Statement of Claim Relative Costs for Health Nuisance Abatement at 40 Milton Street Dear Ms. McGowan: Pursuant to your request, I have enclosed a format Statement of Claim Pursuant to G.L. c.139, §3A relative to the public health nuisance abatement costs incurred by the Town at the property located at 40 Milton Street. The provisions of G.L. c. l 11, § 123 authorize a local board of health to order the owner or occupant of any private premises, at his or her own expense, to remove any nuisance, source of filth or cause of sickness found thereon within 24 hours or such other time as the board considers reasonable. Such an Order of Abatement must be issued in writing, and may be served personally upon the owner, occupant or his authorized agent by any person authorized to serve civil process, a copy may be left at the last and usual place of abode of the owner, occupant or agent, or a copy of the Order may be sent to the owner, occupant or agent by registered mail, return receipt requested. Given the fact that the owner of the subject real property is deceased, the Order of Abatement may be served upon or mailed to the administrator or executor of the estate of the decedent, if the identity of such person is known. If the identity or whereabouts of the representative of the estate is unknown, the Board of Health may direct the Order to be served by posting a copy thereof in a conspicuous place on the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the Town. PRINTED ON RECYCLED PAPER KOPELMAN AND PAIGE, P.C. Ms. Roberta McGowan Assistant Treasurer September 3, 1998 Page 2 If the representative of the estate of the owner fails to comply with the Order of Abatement, the Board of Health may take action to remove the nuisance, source of filth or cause of sickness and all expenses incurred by the Board shall constitute a debt due to the Town upon completion of the removal and the issuance of a bill or account therefor to the owner's representative. The Town's claim for recovery of these expenses may be pursued in court in an action of contract. In addition to theright to pursue a contract action, the Town may impose a lien on the property in accordance with the provisions of G.L. c.139, §3A. The Statement of Claim enclosed herewith must be recorded at the Registry of Deeds within 90 days after the debt becomes due pursuant to the bill or account sent to the representative of the estate. The materials forwarded for my review did not indicate the specific date upon which the $2,280 cleaning services fee was due to the Town. Once the Statement of Claim is recorded at the Registry of Deeds, the lien will take effect and will continue until October 1, 2000. If the debt for which the lien is in effect remains unpaid when the Assessors are preparing their next real estate tax list and warrant for commitment to the Tax Collector, the Board of Health should certify this debt to the Assessors who will add it to the tax on the property to which it relates and commit it with their warrant to the Collector as part of such tax. Assuming that the Notice of Abatement of Nuisance procedures set forth in G.L. c.111, § § 123 through 125 have been complied with by the Board of Health, and an accounting of the cleaning costs has been issued to the representative of the owner, the Board of Health may complete and execute the enclosed form Statement of Claim and record the same at the Registry of Deeds. Please note that this document must be recorded within 90 days of the date upon which the debt was due to the. Town. Once recorded, the outstanding cleaning costs shall constitute a lien on the subject property in accordance with the provisions of G.L. c.139, §3A. Please feel free to contact me if you have any further questions or comments in this regard. PJC/megs Enc. cc: Board of Health 57969. I Mand/0001