ORDER OF AN EXECUTIVE OFFICER UNFIT FOR HUMAN HABITATION ORDER TO VACATE INACTIVE

Transcription

1 Environmental Public Health To: And To: RE: ORDER OF AN EXECUTIVE OFFICER UNFIT FOR HUMAN HABITATION ORDER TO VACATE Rita MacDonald PO Box 252 Claresholm, Alberta T0L 0T0 (the owner ) All Occupant(s) of the following Housing premises: Those housing premises located in Claresholm, Alberta and municipally described as: North 50 Feet of Lot 20, Block 1, Plan 147N nd Street West Claresholm, Alberta WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above premises pursuant to the provisions of the Public Health Act, RSA 2000, c. P-37, as amended; AND WHEREAS such inspection disclosed that the following conditions exist in and about the above noted premises which are or may become injurious or dangerous to the public health or which might hinder the prevention or suppression of disease, namely: a. Electrical wires that are cut off and sticking out of the kitchen wall; b. Several electrical outlets and switches do not have covers; c. West bedroom ceiling light fixture electrical box is pulling away from the ceiling; d. The kitchen ceiling light does not operate; e. The bathroom light over the sink does not operate; f. Walls in the kitchen are in disrepair with portions of the drywall not mudded and painted resulting in large crevices and cracks present and water stains present; g. Lower kitchen window casing is cut to allow air conditioner to fit into the window; h. There is no finish moulding around the kitchen door; i. Carpet in the hallway where the clothes washer and dryer are located is saturated with water; j. Floor covering in the kitchen is lifting and missing in areas; k. Floor covering the bathroom is missing; l. Joints in the bathroom bathtub s shower surround are unsealed and open; m. Coving material used to seal the tub/wall joint is lifting with large crevices present; n. There is no baseboard in most of the rooms in this housing premises; o. The wall panels in the southeast bedroom are broken, warped and separating from the wall; p. Floor covering in the southeast bedroom is damaged and lifting; q. There is no stove in the kitchen; r. There is no hot or cold water at the kitchen sink; Housing Unfit For Human Habitation Order Rita MacDonald_ Street West_Claresholm_July_17_2012_Active[1].doc

2 s. There is no plumbing connecting the hot and cold water lines to the kitchen sink faucet; t. The natural gas furnace located in the earthen crawl space shows evidence of water/humidity damage as the exterior cabinet is badly corroded; u. The furnace air filter is not installed such that it covers the cold air return entry; v. There is animal faeces present on the floor of the southwest bedroom closet; w. There are water stains and water damage materials present on areas of the walls and ceilings of this housing premises; x. The clothes dryer vents directly into the earthen crawl space; y. Water and wastewater plumbing in the earthen crawl space is bending due to the building sagging and the concrete foundation beams pushing on the plumbing system; z. The joints of the wastewater plumbing in the earthen crawlspace are breaking open and leaking as a result; aa. There is rodent droppings present inside the lower bathroom cupboard; bb. There is no smoke alarm present in the hallway between the sleeping areas and the remainder of the premises; cc. The smoke alarm located in the living room does not operate; dd. The earthen crawl space where the natural gas forced air furnace and natural gas water heater are located is very wet and mucky; ee. Mould is present on paper and wooden materials saturated with water that are located in the earthen crawl space; ff. The concrete foundation beams located in the crawl space are collapsing and have already done so in some areas. Metal supports for the concrete beams have bent and given away; gg. Floors and walls inside the housing premises are sagging. Floors and walls are uneven and warping, crevices are showing where walls and ceiling are separating and there is evidence where the baseboards are moving down the wall as the floor is dropping; hh. A portion of the floor in the southeast bedroom sags when stepped on and pushes through exposing a hole in the floor; ii. There is no exterior window in the bathroom and no mechanical ventilation present; jj. Flushing mechanism for the toilet is in disrepair with a make-shift valve lifter currently installed; kk. The front door window is single pane and the glass is broken; ll. The asphalt shingles are showing evidence of deterioration as they are bending up and lifting; mm. The weather stripping for the front and rear exterior doors is in disrepair and missing in areas. Light shines through when door is closed; nn. There is no insect screen on the east bedroom exterior window; oo. There is spray foam sealing crevices on the exterior walls of the premises; pp. The soffit is in disrepair and there is evidence of birds nesting in the eaves and possibly the attic; qq. Paint is peeling off the exterior stucco and cladding boards and some cladding boards are loose; rr. There are plants growing in the rain gutters and one rain gutter does not have a down spout. AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act and the Housing Regulation, Alberta Regulation 173/99, and the Minimum Housing and Health Standards exist in and about the above noted premises, namely:

3 a. Electrical wires that are cut off and sticking out of the kitchen wall; which is in contravention of section 11 of the Minimum Housing and Health b. Several electrical outlets and switches do not have covers; which is in contravention of section 11 of the Minimum Housing and Health c. West bedroom ceiling light fixture electrical box is pulling away from the ceiling; which is in contravention of section 11 of the Minimum Housing and Health d. The kitchen ceiling light does not operate; which is in contravention of section 11 of the Minimum Housing and Health e. The bathroom light over the sink does not operate; which is in contravention of section 11 of the Minimum Housing and Health f. Walls in the kitchen are in disrepair with portions of the drywall not mudded and painted resulting in large crevices and cracks present and water stains present; which is in contravention of section 5 of the Minimum Housing and Health g. Lower kitchen window casing is cut to allow air conditioner to fit into the window; which is in contravention of section 5 of the Minimum Housing and Health h. There is no finish moulding around the kitchen door; which is in contravention of section 5 of the Minimum Housing and Health i. Carpet in the hallway where the clothes washer and dryer are located is saturated with water; which is in contravention of section 2(1) of the Nuisance and General Sanitation Regulation AR 243/2003; j. Floor covering in the kitchen is lifting and missing in areas; which is in contravention of section 5 of the Minimum Housing and Health k. Floor covering the bathroom is missing; which is in contravention of section 5 of the Minimum Housing and Health l. Joints in the bathroom bathtub s shower surround are unsealed and open; which is in contravention of section 5 of the Minimum Housing and Health m. Coving material used to seal the tub/wall joint is lifting with large crevices present; which is in contravention of section 5 of the Minimum Housing and Health n. There is no baseboard in most of the rooms in this housing premises; which is in contravention of section 5 of the Minimum Housing and Health o. The wall panels in the southeast bedroom are broken, warped and separating from the wall; which is in contravention of section 5 of the Minimum Housing and Health p. Floor covering in the southeast bedroom is damaged and lifting; which is in contravention of section 5 of the Minimum Housing and Health q. There is no stove in the kitchen; which is in contravention of section 14 (a) (iv) of the Minimum Housing and Health r. There is no hot or cold water at the kitchen sink; which is in contravention of section 14 (a) (i) of the Minimum Housing and Health s. There is no plumbing connecting the hot and cold water lines to the kitchen sink faucet; which is in contravention of section 14 (a) (i) of the Minimum Housing and Health t. The natural gas furnace located in the earthen crawl space shows evidence of water/humidity damage as the exterior cabinet is badly corroded; which is in contravention of section 2(1) of the Nuisance and General Sanitation Regulation AR 243/2003;

4 u. The furnace air filter is not installed such that it covers the cold air return entry; which is in contravention of section 2 (1) of the Nuisance and General Sanitation Regulation AR 243/2003; v. There is animal faeces present on the floor of the southwest bedroom closet; which is in contravention of section 2 (1) (e) of the Nuisance and General Sanitation Regulation AR 243/2003; w. There are water stains and water damage materials present on areas of the walls and ceilings of this housing premises; which is in contravention of section 5 of the Minimum Housing and Health x. The clothes dryer vents directly into the earthen crawl space; which is in contravention of section 2 (1) of the Nuisance and General Sanitation Regulation AR 243/2003; y. Water and wastewater plumbing in the earthen crawl space is bending due to the building sagging and the concrete foundation beams pushing on the plumbing system; which is in contravention of section 6 (a) of the Minimum Housing and Health z. The joints of the wastewater plumbing in the earthen crawlspace are breaking open and leaking as a result; which is in contravention of section 6 (c) of the Minimum Housing and Health aa. There is rodent droppings present inside the lower bathroom cupboard; which is in contravention of section 16 of the Minimum Housing and Health bb. There is no smoke alarm present in the hallway between the sleeping areas and the remainder of the premises; which is in contravention of section 12 of the Minimum Housing and Health cc. The smoke alarm located in the living room does not operate; which is in contravention of section 12 of the Minimum Housing and Health dd. The earthen crawl space where the natural gas forced air furnace and natural gas water heater are located is very wet and mucky; which is in contravention of section 1 (b) of the Minimum Housing and Health ee. Mould is present on paper and wooden materials saturated with water that are located in the earthen crawl space; which is in contravention of section 2 (1) of the Nuisance and General Sanitation Regulation AR 243/2003; ff. The concrete foundation beams located in the crawl space are collapsing and have already done so in some areas. Metal supports for the concrete beams have bent and given away; which is in contravention of section 1 (a) & (b) of the Minimum Housing and Health gg. Floors and walls inside the housing premises are sagging. Floors and walls are uneven and warping, crevices are showing where walls and ceiling are separating and there is evidence where the baseboards are moving down the wall as the floor is dropping; which is in contravention of section 1 (a) of the Minimum Housing and Health hh. A portion of the floor in the southeast bedroom sages when stepped on and pushes through exposing a hole in the floor; which is in contravention of section 5 of the Minimum Housing and Health ii. There is no exterior window in the bathroom and no mechanical ventilation present; which is in contravention of section 7 (c) of the Minimum Housing and Health jj. Flushing mechanism for the toilet is in disrepair with a make-shift valve lifter currently installed; which is in contravention of section 6 (a) of the Minimum Housing and Health kk. The front door window is single pane and the glass is broken; which is in contravention of section 2 (b) (i) of the Minimum Housing and Health

5 ll. The asphalt shingles are showing evidence of deterioration as they are bending up and lifting; which is in contravention of section 2 (a) of the Minimum Housing and Health mm. The weather stripping for the front and rear exterior doors is in disrepair and missing in areas. Light shines through when door is closed; which is in contravention of section 2 (b) (i) of the Minimum Housing and Health nn. There is no insect screen on the east bedroom exterior window; which is in contravention of section 2 (b) (iii) of the Minimum Housing and Health oo. There is spray foam sealing crevices on the exterior walls of the premises; which is in contravention of section 2 (a) of the Minimum Housing and Health pp. The soffit is in disrepair and there is evidence of birds nesting in the eaves and possibly the attic; which is in contravention of section 2(a) of the Minimum Housing and Health qq. Paint is peeling off the exterior stucco and cladding boards and some cladding boards are loose; which is in contravention of section 2 (a) of the Minimum Housing and Health rr. There are plants growing in the rain gutters of this housing premises and one rain gutter does not have a down spout; which is in contravention of section 2 (1) of the Nuisance and General Sanitation Regulation AR 243/2003. AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby declared to be Unfit for Human Habitation. NOW THEREFORE, I hereby ORDER and DIRECT: a. That the occupants vacate the above noted premises on or before July 19 th, 2012; b. That the owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a. Obtain a qualified electrician to evaluate all electrical wiring in this dwelling and repair the wiring to be in compliance with current Alberta Building Code requirements. b. Provide documentation to an Executive Office of Alberta Health Services demonstrating the wiring in this housing premises meets the current Alberta Building Code; c. Install covers on all electrical outlets and switches; d. Install all light fixtures securely to the electrical boxes; e. Ensure all light fixtures operate; f. Repair the walls in the kitchen to a smooth, water resistant and easily cleanable condition with no crevices; g. Repair the kitchen window casing to a condition that is smooth and easily cleanable; h. Install finish moulding around all doorways; i. Install baseboards on all wall/floor joints; j. Remove and discard the hallway carpet (including underlay if present) and refinish the floor in this area; k. Determine and repair the source of water leaking onto the hallway floor;

6 l. Repair the floor covering in the kitchen to a condition that is smooth, water resistant and easily cleanable; m. Repair the floor in the bathroom to a condition that is smooth, water resistant and easily cleanable; n. Seal all joints of the bathroom tub surround; o. Seal the tub wall coving joint to a condition that is water resistant and easily cleanable; p. Repair the hole in the floor of the south east bedroom; q. Repair the floor covering in the south east bedroom; r. Install a stove in the kitchen that is in good repair; s. Provide plumbing to the kitchen sink; t. Provide hot and cold water under pressure to the kitchen sink faucet; u. Obtain a qualified natural gas appliance technician to assess the condition of the natural gas furnace and natural gas water heater and conduct repairs if required; v. Provide a report from a qualified natural gas technician to an Executive Officer of Alberta Health Services that the furnace and water heater are in a satisfactory working condition; w. Remove rodent and other animal faeces, clean and disinfect the affected areas; x. Assess walls and ceiling areas, that have been impacted by water, for mold and structural damage and repair these areas; y. Repair all walls that have holes, cracks or crevices and/or are warped; z. Vent the clothes dryer to the exterior of the premises; aa. Obtain a qualified plumber to assess all water and wastewater plumbing in this housing premises and conduct repairs if required; bb. Provide a report from a qualified plumber to an Executive Officer of Alberta Health Services that the water and wastewater plumbing in this housing premises comply with the Alberta Building Code; cc. Install an operating smoke alarm in the hallway leading to the bedrooms; dd. Determine and address the source(s) of water entering the earthen crawl space and ensure the earthen crawl space is maintained in a dry condition; ee. Remove, and replace where applicable, all water damaged and mouldy materials in the earthen crawl space; ff. Obtain a qualified Safety Codes Officer to assess the structural components and safety of this dwelling, including the foundation and supports. Conduct repairs where required; gg. Provide a report from a qualified Safety Codes Officer to an Excutive Officer of Alberta Health Services that this dwelling conforms to all applicable Alberta Safety Code requirements for structural safety; hh. Install a mechanical fan (or open-able window) in the bathroom that vents directly to the out-of-doors; ii. Repair the flushing mechanism of the toilet; jj. Repair the front door window pane; kk. Install new weather stripping around all exterior doors and the crevice around the door is sealed tightly when closed; ll. Replace the asphalt roofing shingles; mm. Install an insect screen on the west bedroom window; nn. Repair all crevices and cladding of the exterior of the premises with materials that are exterior grade and weatherproof;

7 oo. Repair areas of the exterior where paint is peeling off, including soffits and facia; pp. Repair the damaged portions of the soffit; qq. Clean the rainwater gutters; rr. Install a down pipe on the rainwater gutter currently missing one. c. That until such time as the work referred to above is completed to the satisfaction of an Executive Officer of Alberta Health Services; the above noted premises shall remain vacant and secure from unauthorized entry. The above conditions were noted at the time of inspection and may not necessarily reflect all deficiencies. You are advised that further work may be required to ensure full compliance with the Public Health Act and regulations, or to prevent a public health nuisance. DATED at Claresholm, Alberta, July 17 th, Richard Steeves BSc BAA CPHI(C) Executive Officer Environmental Health Officer YOU HAVE THE RIGHT TO APPEAL A person who a) is directly affected by a decision of a Regional Health Authority, and b) feels himself aggrieved by the decision may appeal the decision within ten (10) days after receiving the order to the Public Health Appeal Board located at 24 th Floor, Telus Plaza, Jasper Avenue, Edmonton, Alberta, T5J 1S6. Telephone (780) The terms of this Order remain in effect notwithstanding the filing or proposed filing of any such appeal. If you appeal, you may also make an application to the Board for a stay of this Order pending the appeal. A copy of the Public Health Appeal form may be obtained by contacting Alberta Health Services at (780) , or the Public Health Appeal Board (780) You are advised that all orders remain in effect pending such an appeal HEALTH LEGISLATION, REGULATIONS AND STANDARDS Electronic versions of the Public Health Act and Regulations are available at the Alberta Queen's Printer Bookstore Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or

8 Health Legislation and regulations are available for purchase. Please contact Alberta Queen's Printer Bookstore Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7) or Copies of standards are available by contacting the Health Protection Branch of Alberta Health & Wellness at (780) , or by visiting: Confirmation of an oral order issued to Sarah Olmstead (Tenant), at 3:00 PM, July 17, AIRDRIE Regional Health Centre 604 Main Street South Airdrie, AB T4B 3K7 Phone: Fax: CLARESHOLM Public Health nd Street W PO Box 1391 Claresholm, AB T0L 0T0 Phone: Fax: BANFF Health Unit 303 Lynx Street PO Box 1266 Banff, AB T1L 1B3 Phone: Fax: COCHRANE Community Health Centre 60 Grande Boulevard Cochrane, AB T4C 0S4 Phone: Fax: CALGARY - Southport Atrium Southport Road SW Calgary, AB T2W 3N2 Phone: Fax: OKOTOKS Health and Wellness Centre 11 Cimarron Common Okotoks, AB T1S 2E9 Phone: Fax: CANMORE Public Health #104, 800 Railway Avenue Canmore, AB T1W 1P1 Phone: Fax: STRATHMORE Public Health Office 650 Westchester Road Strathmore, AB T1P 1H8 Phone: Fax: