HomeMy WebLinkAboutLead-Related Correspondence 1998-2000 owe '11?
From: Vincent E. Walker
50 Maple Avenue
Uncasville, Ct. 06382
To: Todd& Paula Williams
53B Pequot Road
Uncasville, Ct. 06382
Date: Jan. 27, 2000
Certified#Z 353 484 894
On Saturday Jan 29, 2000 the electrician and I will be over 53 Pequot Road to do
the necessary electrical repairs as noted by the building inspector. We fmally received
approval from Northeast Utilities to do the repairs. During the course of the day you will
be without electricity so the repairs can be made according to the complaint that you filed
with the building inspector.
Respectfully,
fifilie24? Odiki
Vincent E. Walker
Cc: file
Bldg inspector
Nisol
Town of Montville
Building Department
310 Norwich-New London Tpke.
Uncasville, Ct. 06382
December 29, 1999
Mr. Vincent E. Walker
50 Maple Ave.
Uncasville, Ct 06382
RE: Property at 53 Pequot Rd. as shown on Assessor's map 078/051-000
Dear Mr. Walker,
As a result of my follow up inspection and our discussion of the unsafe conditions at the above
referenced property, following is a revised list of unsafe conditions that you are required to
abate. These conditions must be corrected on or before Janurary 15, 2000.
1) Open junction boxes in basement "; < 4' . b'x
2) Front door frame rotted and door will not open
N.►3) Electrical meters not secured to building, service cable frayed and ground wire passes
thru or originates in meter socket box ( secure meters, replace wires and properly
ground service
v 4) Stove outlet loose from wall and outlet cover damaged (hole in cover)
Improper wiring at rear door and uncovered fixtures outside rear door
Bathroom light shorting out
J 7) Protect oil line from physical damage (outside and in basement)
Heavy soot buildup in furnace chimney pipe (pipe and chimney need cleaning)
Vernon D. Vesey II
Building Official
Town of ffontvilTh
Building Department
310 Norwich-few London Turnpike
Vncasvillle, Connecticut 06382
'Telephone 860-848-7166 'Facsimile 860 848-7231
(December 13, 1999
Mr Vincent 'Walker
50 911apleAvenue
Vncasville, Ct. 06382
cR,E: Property at 53 4'equot Woad as shown on Assessor's map 078/051-000
DearMr. 'Walker,
(Please accept this unsafe notice under'Town of Wontvilk Ordinance # 152.001.
`You are hereby ordered to repair/replace and make safe the unsafe conditions found at the above
referenced property under the 1995 CABG,Section 120, adopted as the Connecticut State Budding
Code.
'Mel—of—lowing items were found to be unsafe and need repair or replacement:
1) Open junction bo. es
2) )moo vdga rspnii ng
--3) The front doorframe is rotted and door will not open.
4) 'The steps to the street are crooked and unstable.
-- 5) The electrical meters are not secured to the house.
—6) 'Tie stove outlet is loose from the wall
—7) Improper wiring at rear door.
—8) Bathroom light is shorting out.
9) tte _
10) . . ..
'These items must be repaired or replaced as needed and permits and inspections are required `You must
respond to this unsafe notice within 5 days of receipt of this letter under Section 119.3 or this matter
will be referred to the'Town Attorney for legal action to gain compliance under Section 119.6.
cNcspec I',
41477---2"1
-iernon ED. esey II
Building Official
Cc: 'Town Attorney
'File
'Fire Marshal
sip
REC4AVEDDEC I ' 19S3
Vincent E. Walker
50 Maple Avenue
Uncasville, Ct. 06382
December 7, 1999
Certified# 7_ i a17 56i /3
Re: 53b Pequot Road
Dear Mr. Cohen,
I really am not quite sure how to come up with a suitable abatement plan. I have
tried to find funding for this situation by contacting my State Senator and the building
inspector from Norwich. I was given a couple of phone numbers which I called on a
constant basis to find some sort of funding for this violation. I would very much like to
take care of the problem at hand but unfortunately the cost would be to steep for me to
afford.
Your office cites the violations, maybe you could give me some direction on where
funding could be found. I didn't pass this law and neither did you, but I have to face a
problem that existed even before the law was passed. No one told me there was lead
paint in this apartment before I bought it, so funding should be available so I can correct
the problem. Any help or advice you could give me would be greatly appreciated.
Mean while I will give State representatives a call and see what I can find out about
funding.
Respectfully,
‘dCA
Vincent E. Walker
d
Uncas Health District
372 W. Main Street-2"d Floor O O
Norwich, CT 06360-5450
,N>
Telephone No. (860) 823-1189
FAX No. (860) 887-7898
E-Mail: office@uncashd.org
Internet: http://www.uncashd.org
Serving the People of Norwich and Montville
December 1, 1999
Mr. Vincent Walker
50 Maple Avenue
Uncasville, CT 06382
Re: 53B Pequot Road, Montville
Dear Mr. Walker,
You continue to remain in violation of a lead abatement order issued for 53B Pequot Road on
October 6, 1997. The order was upheld on appeal in an August 26, 1998 final decision of the
adjudications office of the Connecticut Department of Public Health. If you do not submit the
required lead abatement plan to this office by December 10, 1999, the case will be referred for
further legal action.
Sincerely,
Arthur Cohen, JD, MPH
Director of Health
.11/30/99 15:443 FAX 18608877898 UNCAS HEALTH DIS al 01
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11/30/99 15:46 FAX 18608877898 L'NCAS HEALTH DIS X02
Naior
Uncas Health District
401 West Thames Street, Unit 2301
Norwich, CT 06360-7158
Telephone No, (860) 823-1189
FAX No. (860) 887-7898
NOIICEA)EILLOLATION. AND ORDER
Issued to: Vincent Walker
50 Maple Avenue
Uncasville, CT 06382
Following an inspection conducted on September 30 and October 2 1997 of a dwelling owned by
you or under your charge, located at 53B Pequot Road in the town of Montville, it has been
determined that there exist toxic levels of lead in or on the dwelling and/or the premises
surrounding said dwelling. Moreover, there has been reported an elevated blood lead level
in at least one child residing in the dwelling.
Pursuant to CT General Statutes Section 19a-111 et meq, and its accompanying regulations, the
owner of any dwelling in which the paint,plaster or other materials contain toxic levels of
lead and which children under the age of six reside, shall abate or manage the dangerous
material in a manner consistent with the regulations. Sections 19a-111-2(a), (b), (c) and(d)
of the CT regulations governing lead poisoning prevention and control provide that:
When a child resides in a dwelling unit, all defective lead-based surfaces shall be
abateeL
When a child resides in a dwelling, all defective exterior surfaces and all defective
surfaces in common areas containing toxic levels of lead shall be abated
When a child has an elevated blood lead level then abatement shall include all lead-
based chewable surfaces whether or not that surface is defective and all lead-based
moveable parts of windows and surfaces that rub against moveable parts of windows.
When a child resides in a dwelling requiring lead abatement and exterior soil is found
to be a source or potential source of elevated blood lead, the soil shall be abated
Pursuant to section 19a-111-3(f)of the regulations, authority is vested in the local code
enforcement agency to issue an order to correct all defective lead-based surfaces requiring
abatement and soil areas identified as a source, or potential source for elevated blood lead.
YOU ARE THEREFORE ORDERED,PURSUANT TO SECTION 19a-111 OF THE
CONNECTICUT GENERAL STATUTES AND SECTIONS 19a-111-2(e), 19a-111-3(f)
AND 19a-111-4(c)OF TI-IE REGULATIONS, TO:
Adequately abate by proper preparation, containment, abatement, clean-up and
waste disposal all defective paint,plaster or other material containing toxic levels of
lead on both the interior and exterior surfaces and soil of said property as described
in the report of test results.
11/30/99 15:46 FAX 18608877898 UCAS HEALTH DIS []03
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Adequately abate by proper preparation, containment, abatement,
cleanup and waste disposal all intact, lead-based, chewable surfaces
and all lead-based moveable parts of windows and surfaces that rub
against moveable parts of windows as described in the report of test
results.
Adequately manage all intact surfaces containing toxic Ievels of lead
which will remain and not be abated at this time as more specifically
described in the report of test results. (These surfaces may be abated as
opposed to managed in place at your discretion, but must then be
addressed within the lead abatement plan- see below).
FURTHER,IT IS HEREBY ORDERED,that:
You are to submit a written abatement plan to me within 15 working days of the date on this
order pursuant to Sections 19a-1114 and 19a-111-5 of the regulations.
You are to prepare a written lead management plan addressing intact lead-based surfaces which
will remain and not be abated at this time. This management plan will be prepared within 60
days of the date that inspection results were received, pursuant to Section 19a-111-2(e) of the
regulations. This plan shall be transferred with ownership upon transfer of title.
Within two days of the receipt of the inspection report, you shall post notice at each entrance to
the dwelling unit or common area of the dwelling if affected. The notice shall measure at least
81/2" x 11"with 1/2" letters. The notice shall state that the dwelling unit contains a toxic level of
lead which may be dangerous and which a child should not be allowed to mouth or chew. The
notice shall not be removed until the dwelling unit has been found to comply with C.G.S. section
19a-111 and the regulations of CT state agencies I9a-111-1
through 19a-111-11.
Dated at Norwich, Connecticut this 6th day of October, 1997.
Arthur Cohen, JD,MPH,Director of Health.
AUTHORITY: CT GENERAL STATUTES SECTIONS 19a-206; 19a-111 et seq;
Regulations of CT State Agencies section 19a-111 et seq.
PENALTY: CT GENERAL STATUTES SECTIONS 19a-36; 19a-206 (b) (2) &(e) ;
19a-230
APPEAL: CT GENERAL STATUTES SECTION 19a-229 "My person aggrieved by an
order issued by a town, city or borough director of health may,within forty-eight hours after the
receipt of such order, appeal to the commissioner of public health, who shall thereupon
11.30.99 15:46 FAX 18608877898 UNCAS HEALTH DIS [Z 0-1
-3-
immediately notify the authority from whose order the appeal was taken, and examine into the
merits of such case, and may vacate, modify,or affirm such order. NOTE: THE APPEAL TO
THE COMMISSIONER MUST BE DELIVERED BY HAND OR BY MAB. TQ:
Department of Public Health
Adjudication Office
410 Capitol Ave. MS#12ADJ
P.O. Box 34030
Hartford, CT 06134-0308
1-888-891-9177
Telephonic communication of a notice of appeal is satisfactory as an initial notice provided
written communication of the appeal is received within seven days of the oral notice.
***
11130/99 15:46 FAX 186088%7898 UCAS HEALTH DIS 05
. -r 'ler .rr
.
STATE OF CONNECTICUT
DEPARTMENT OF PUBLIC HEALTH
ADJUDICATIONS
In Re: Vincent Walker Docket No. 971017LP
v.
Uncas Health District August 26, 1998
FINAL MEMORANDUM OF DECISION
On May 29, 2998, a Proposed Memorandum of Decision was issued in this
matter, pursuant to §4-179 of the Connecticut General Statutes. On June 10, 1998,
Vincent Walker ("appellant") requested oral argument on the Proposed Decision. On
June 19, 1998, the Commissioner of the Department of Public Health designated the
undersigned to hear the oral argument, to determine findings of fact and conclusions of
law, and to issue a final decision in this matter. On August 5, 199B, oral argument was
heard.
After full consideration of the oral arguments, and the complete record, and in
accordance with Connecticut General Statutes §4-180, the undersigned hereby adopts
the Proposed Memorandum of Decision by Hearing Officer Varga as the Final
Memorandum of Decision in this matter.
_i_kliA-1'-v------ g /-2,(;) int 48
Donna B. Brewer, Hearing Officer Date
Adjudications, Office of Special Services
Ihmod:28
Phone:
Telephone Device for the Deaf (860) 509-7191
410 Capitol Avenue - MS #
P.O. Box 340305 Hartford, CT 06134
An Equal Opportunity Employer
; 11%30.99 15:46 FAX 18608877898 UNCAS HEALTH DIS 06
• STATE OF CONNECTICUT
DEPARTMENT OF PUBLIC HEALTH
ADJUDICATIONS
May 29, 1998
Vincent Walker CM RRR #P505 282 132
50 Maple Avenue & First Class Mail
Uncasville, Connecticut 06382
Arthur Cohen, MPH, JD CM RRR #P505 282 133
Director of Health
Uncas Health District
372 West Main Street, 2nd Floor
Norwich, Connecticut 06360-5450
Re: Vincent Walker v. Uncas Health District- Docket#971017LP
Property located at 53B Pequot Road, Uncasville
Dear Mr. Walker and Mr. Cohen:
Enclosed please find a copy of my Proposed Memorandum of Decision in the above
referenced matter.
Pursuant to Connecticut General Statutes §4-1.79_, each party adversely affected may file
exceptions and present briefs. Such must be filed with the Commissioner of the
Department of Public Health within fourteen (1 4) days from the date of this notice. Any
request for oral argument must be received in writing by June 12, 1998. If no timely
request is made, he shall assume these rights to be waived and shall render a Final
Decision in this matter.
Sincerely,
19(1 /'
Stephen J. Var , Hearing Officer
c: Marianne Horn, Assistant Attorney General
Stephen A. Harriman, Commissioner, DPH
Leonard E. McCain, Administrator, Local Health Program Administrator
Diane Buzzetti, Hearings Liaison
Ihmod.4
Phone:
Telephone Device for the Deaf (860) 509.7191
410 Capital Avenue - MS #
P.D. Box 340308 Hartford, CT 06134
An Equal Opportunity Employer
11/30/99 15:46 FAX 18608877898 t'NC,AS HEALTH PIS lj07
'41.r ",,
STATE OF CONNECTICUT
DEPARTMENT OF PUBLIC HEALTH
In Re: Vincent Walker Docket No. 97I017LP
v.
Uncas Health District May 28, 1998
PROPOSED MEMORANDUM OF DECISION
Procedural Background
The undersigned was designated as the Hearing Officer in the above-captioned matter to
rule on all motions, and to recommend findings of fact and conclusions of law. On October 6,
1997, Arthur Cohen,J.D., M.P.H., Director of Health for the Uncas Health District(hereinafter
"Health District") issued a Notice of Violation(hereinafter"Order")to Vincent Walker
(hereinafter"appellant"), owner of 53B Pequot Road, Montville, CT. The Order cited toxic
levels of lead in or on the dwelling and/or the premises surrounding said dwelling, and found that
a child with an elevated blood lead level resided in the apartment. Pursuant to Connecticut
General Statutes §19a-111 et seq. and the accompanying Regulations of Connecticut State
Agencies(hereinafter"the Regulations"), appellant was ordered to abate or manage the lead in a
manner consistent with the Regulations.
On October 27, 1997, appellant submitted a written appeal which claimed Health District
inspectors mislead the tenants of 53B Pequot Road regarding the legal significance of the lead
inspection.
On February 5, 1998,and March 26, 1998, a hearing on the appeal was held. The Health
Department was represented by Michael Kirby, Chief Sanitarian. Appellant appeared without
counsel. Both parties were given the opportunity to present evidence and argument on all issues
and were permitted to conduct cross-examination.
This Proposed Memorandum of Decision is based entirely on the record and sets forth the
Hearing Officer's recommended findings of fact, conclusions of law, and order.
. 11/30,'99 15:-16 FAX 18608877898 UNCAS HEALTH UIS 208
*.. 2 •ter
Findings Of Fact
1. Appellant is the owner of the building located at 53 Pequot Road, Montville, CT. Tr.p. 2.
2. A child born September 23, 1995, resided in apartment B at this address. Hlth. Dist.
Exh. 2; Tr. p. 7.
3. On September 9, 1997, said child was tested and found to have a blood lead level of 28
micrograms per deciliter(hereinafter"ug/dl"). Because this blood lead level is greater
than 20 ug/dl, it constitutes an elevated blood lead level pursuant to §19-111-1 (32) of the
Regulations. App. Exh. C.
4. On September 30, 1997,the Health District inspectors conducted an epidemiological
investigation of the dwelling. The inspectors advised the tenants of the risks of lead to
their children and the need to inspect the apartment. The tenants were told that if toxic
levels of lead were found in the apartment, appellant would be required to abate the lead.
Tr. 3/24/98, pp. 7-9, 12.
5. On September 30, 1997, and October 1, 1997,the Health District inspectors conducted a
lead inspection of the dwelling with the consent of the apartment's tenants. The lead
inspection disclosed that certain surfaces of the building, including intact and defective
surfaces, contained toxic levels of lead. H1th. Dist. Exhs. 2 and 3; Tr.2/5/98,p. 20.
6, On April 16, 1997,the Health Department issued the Order which requires, among other
things,that the property owner correct all defective lead-based surfaces.
Discussion and Conclusions of Law
Appellant has the burden of proof in challenging the action of the Health District. Red
Hill Coalition, Inc. v. Conservation Commission,212 Conn. 710, 718 (1989). In meeting this
burden, appellant"must establish that substantial evidence does not exist in the record as a whole
to support the [Health District's] decision." Newtown v. Keeney, 234 Conn. 312, 319 (1995).
Whenever a Health District receives a report of a child under the age of six with an
elevated blood lead level, it is required to conduct a lead inspection of the child's dwelling. See,
section 19a-111 of the Connecticut General Statutes and section 19a-111-3(c)(1) of the
Regulations.
The evidence establishes that a child under the age of six with an elevated blood lead
level resided in the subject dwelling at the time of the lead inspection, and that toxic levels of
. 11/30/99 15:46 FAX 18608877898 UNCAS HEALTH UIS Z109
•
3
lead were found in the surfaces of the dwelling. These facts are sufficient to warrant the iss>>ance
of the Order. Ward v. Torrington Area Health Department, Docket No. 940104EH-$ (1994);
§19a-111-2 of the Regulations.
Appellant claims that the Health District's inspectors misled the tenants into allowing the
lead inspection of the dwelling. The evidence establishes that the Health District accurately
advised the tenants of the risk of lead to children and the need to inspect the apartment for lead
The tenants were also advised of the consequences to appellant should toxic levels of lead be
found in the apartment. The tenants were not misled and consented to the inspection.
Recommendation
I recommend that this appeal be dismissed, and the Order issued by the Health
Department on October 6, 1997, be affirmed.
Respectfully submitted,
Steph�n J. Varga'
Hearing Officer
. 11/30/99 15:46 FAX 18608877898 UNCAS HEALTH UIS Z10
CERTIFICATION
I hereby certify that, pursuant to Connecticut General Statutes Section 4-180(c),
a copy of the foregoing Final Memorandum of Decision was sent this e26f'h day of
, 1998, by certified mail, return receipt requested and first class mail to:
Vincent Walker
50 Maple Avenue
Uncasville, Connecticut 06382
and by certified mail, return receipt requested to:
Arthur Cohen, MPH, JD
Director of Health
Uncas Health District
372 West Main Street, 2nd Floor
Norwich, Connecticut 06360-5450
c c.c J 4.04ta)
Diane Buzzetti, Hearin iaison
IhmpdJl