ORDER OF AN EXECUTIVE OFFICER CLOSED FOR TENANT ACCOMMODATION PURPOSES ORDER TO VACATE

Transcription

1 Environmental Public Health ORDER OF AN EXECUTIVE OFFICER CLOSED FOR TENANT ACCOMMODATION PURPOSES ORDER TO VACATE To: And To: RE: Gerard Westwood and Value Village Market (1972) Ltd. All Occupant(s) of the following Housing premises: Those housing premises located in Lethbridge, Alberta and municipally described as: th Avenue S. WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above noted 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 in any manner the prevention or suppression of disease, namely: a. There is evidence of mould and water damage in basement near the large sinks. b. There is no ventilation for the toilet room downstairs. c. Heating ducts are not in good repair. One of the ducts, observable in the basement, is completely clogged with debris. d. There were mouse droppings noted throughout the home, indicative of a pest infestation. There were also obvious pest entry points noted on the exterior of the home. e. No railing on the steps downstairs. f. The plumbing under the kitchen sink is not in good repair. Some pipes are not connected. g. There is a continual drip from the tub faucet upstairs. h. The upstairs tub is not properly sealed. This may be causing water damage on the floors. i. The toilet seat is completely cracked. j. There is a large, uncovered hole in the bathroom floor which appears to be a vent. k. There is a very large hole in the cupboard under the bathroom sink. This is filled with garbage and debris. l. The upstairs bathroom sink is partially clogged. Water takes a long time to drain. m. Two of the upstairs bedrooms do not have appropriate egress windows.

2 Page 2 of 7 n. None of the smoke alarms appear to work. o. There is a severely broken window in the front entryway, which appears to be due to the shifting of the porch. p. Some openable windows do not have insect screens. q. The back deck guard rail is loose, incomplete and falling apart. r. There are extensive finishing concerns noted throughout the entire house. These include, but are not limited to: Missing portions of ceiling in the basement, cracks and holes in many walls or doors, holes or finishing damages on countertops and large holes in wall coverings. 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: a. There is evidence of mould and water damage in basement near the large sinks which is in contravention of section III(1)(c) of the Minimum Housing and Health Standards which states that: Building materials that have been damaged or show evidence of rot or other deterioration shall be repaired or replaced. b. There is no ventilation for the toilet room downstairs which is in contravention of section IV(7)(c) of the Minimum Housing and Health Standards which states that: All rooms containing a flush toilet and/or bathtub or shower shall be provided with natural or mechanical ventilation. c. Heating ducts are not in good repair. One of the ducts, observable in the basement, is completely clogged with debris which is in contravention of section IV(8)(a)(i) of the Minimum Housing and Health Standards which states that: All heating facilities within a housing premises are to be properly installed and maintained in good working condition, and be capable of safely and adequately heating all habitable rooms, bathrooms, and toilet rooms within the building to a temperature of at least 22 C(71 F), or maintained at a temperature of at least 22 C(71 F) when the control of the supplied heat in a dwelling is the responsibility of a person other than the occupant. d. There were mouse droppings noted throughout the home, indicative of a pest infestation. There were also obvious pest entry points noted on the exterior of the home which is in contravention of section V(16)(a) of the Minimum Housing and Health Standards which states that: The owner shall ensure that the housing premises are free of insect and rodent infestations. e. No railing on the steps downstairs which is in contravention of section III(3)(c) of the Minimum Housing and Health Standards which states that: Inside or outside stairs or porches including all treads, risers, supporting structural members, rails, guards and balconies, shall be maintained in good repair and shall comply with the requirements of the Alberta Building Code or a Professional Engineer design.

3 Page 3 of 7 f. The plumbing under the kitchen sink is not in good repair. Some pipes are not connected which is in contravention of section IV(6)(c) of the Minimum Housing and Health Standards which states that: All plumbing fixtures shall be serviceable, free from leaks, trapped and vented to the outside. g. There is a continual drip from the tub faucet upstairs which is in contravention of section IV(6)(a) of the Minimum Housing and Health Standards which states that: The plumbing system and the sanitary drainage system or private sewage disposal system, as the case may be, including drains, fixtures, traps, vents, stacks, waste disposal facilities, pumpout sewage holding tanks, septic tanks and the disposal system shall be maintained in a proper operating condition. h. The upstairs tub is not properly sealed. This may be causing water damage on the floors which is in contravention of section III(5)(a) of the Minimum Housing and Health Standards which states that: Rooms containing a flush toilet and/or a bathtub or shower shall have walls and floors that are smooth, non-absorbent to moisture and easy to clean. All walls shall form a watertight joint with each other, the floor, the ceiling and where applicable with the bathtub or shower. i. The toilet seat is completely cracked which is in contravention of section 3(2) of the Housing Regulation which states that: an owner shall ensure that the housing premises plumbing system and facilities provided under subsection (1)(b) are free from defects and maintained in proper operating condition. j. There is a large, uncovered hole in the bathroom floor which appears to be a vent which is in contravention of section IV(8)(a)(i) of the Minimum Housing and Health Standards which states that: All heating facilities within a housing premises are to be properly installed and maintained in good working condition, and be capable of safely and adequately heating all habitable rooms, bathrooms, and toilet rooms within the building to a temperature of at least 22 C(71 F), or maintained at a temperature of at least 22 C(71 F) when the control of the supplied heat in a dwelling is the responsibility of a person other than the occupant. k. There is a very large hole in the cupboard under the bathroom sink. This is filled with garbage and debris which is in contravention of section III(5) of the Minimum Housing and Health Standards which states that: All walls, windows, ceilings, floors, and floor coverings shall be maintained in good repair, free of cracks, holes, loose or lifting coverings and in a condition that renders it easy to clean. l. The upstairs bathroom sink is partially clogged. Water takes a long time to drain which is in contravention of section IV(6)(a) of the Minimum Housing and Health Standards which states that: The plumbing system and the sanitary drainage system or private sewage disposal system, as the case may be, including drains, fixtures, traps, vents, stacks, waste disposal facilities, pumpout sewage holding tanks, septic tanks and the disposal system shall be maintained in a proper operating condition. m. Two of the upstairs bedrooms do not have appropriate egress windows which is in contravention of section III(3)(b)(i) of the Minimum Housing and Health Standards which

4 Page 4 of 7 states that: Windows referred to above shall provide unobstructed openings with areas not less than 0.35 m2 (3.8ft2), with no dimension less than 380 mm (15 ). n. None of the smoke alarms appear to work which is in contravention of section IV(12)(a) of the Minimum Housing and Health Standards which states that: Smoke alarms shall be operational and in good repair at all times. o. There is a severely broken window in the front entryway, which appears to be due to the shifting of the porch which is in contravention of section III(2)(b)(i) of the Minimum Housing and Health Standards which states that: All windows and exterior doors shall be; maintained in good repair, free of cracks and weatherproof. p. Some openable windows do not have insect screens which is in contravention of section III(2)(b)(iii) of the Minimum Housing and Health Standards which states that: During the portion of the year when there is a need for protection against flies and other flying insects, every window or other device intended for ventilation shall be supplied with effective screens. q. The back deck guard rail is loose, incomplete and falling apart which is in contravention of section III(3)(c) of the Minimum Housing and Health Standards which states that: Inside or outside stairs or porches including all treads, risers, supporting structural members, rails, guards and balconies, shall be maintained in good repair and shall comply with the requirements of the Alberta Building Code or a Professional Engineer design. r. There are extensive finishing concerns noted throughout the entire house. These include, but are not limited to: Missing portions of ceiling in the basement, cracks and holes in many walls or doors, holes or finishing damages on countertops and large holes in wall coverings which is in contravention of section III(5) of the Minimum Housing and Health Standards which states that: All walls, windows, ceilings, floors, and floor coverings shall be maintained in good repair, free of cracks, holes, loose or lifting coverings and in a condition that renders it easy to clean. AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby declared to be Closed for Tenant Accommodation Purposes. NOW THEREFORE, I hereby ORDER and DIRECT: 1. That the occupants vacate the above noted premises on or before August 27, That the Owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a. Remove and replace all mouldy and water damaged building materials. b. Ensure basement toilet room has natural or mechanical ventilation. c. Ensure all ductwork is in good repair and works as intended.

5 Page 5 of 7 d. Ensure mouse infestation is addressed; areas with droppings are cleaned and sanitized; and ensure building is secured against pest entry. e. Install a railing on the stairs to the basement in accordance with the Alberta Building Code. f. Ensure all plumbing is in good repair and operates as intended. g. Ensure the drip is addressed and that the plumbing works as intended. h. Ensure all plumbing fixtures are sufficiently sealed against water entry. i. Replace toilet seat upstairs. j. Ensure all vents are covered. k. Ensure the inside of the upstairs bathroom cupboard is in good repair. l. Ensure bathroom sink drains at a sufficient speed. m. Ensure appropriate egress windows are installed in these 2 bedrooms. n. Ensure new, working smoke alarms are installed in the hallway between sleeping areas. o. Ensure all broken windows are replaced. p. Ensure all openable windows have insect screens. q. Ensure the railing on the back deck is in good repair. r. Ensure all the finishing damages are addressed throughout the house. 3. Ensure this building is fully secured against unwanted entry. This will require changing locks and boarding up windows. This must be completed immediately after tenants vacate. 4. 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 closed for tenant accommodation purposes. 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 Lethbridge, Alberta, August 22, Confirmation of a verbal order issued to Gerard Westwood on August 20, 2018.

6 Page 6 of 7 Mark Albiez BSc, BEH(AD), 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 by submitting a Notice of Appeal form within ten (10) days after receiving the order to: Public Health Appeal Board c/o Central Reception Main Floor, ATB Place North Tower Jasper Avenue NW Edmonton, Alberta, T5J 1S6 Phone: Fax: HealthAppealBoard@gov.ab.ca Website: A Notice of Appeal form may be obtained by contacting Alberta Health Services at or by contacting the Public Health Appeal Board. 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 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 at or by visiting:

7 Page 7 of 7 Lethbridge Lethbridge Community Health South Zone Avenue South Lethbridge, Alberta, Canada T1J 4L5