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

Transcription

1 Environmental Public Health ORDER OF AN EXECUTIVE OFFICER UNFIT FOR HUMAN HABITATION ORDER TO VACATE To: And To: Hermann Minderlein All Occupant(s) of the following Housing premises: RE: Rental housing unit located at NW Lot 18, Block 5, Plan , High Prairie, AB 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. The ceiling in the kitchen has two areas that are caving in and water is leaking directly into the home. Water is causing damage, and moisture build-up is leading to visible mold growth. b. The ceiling above the living room window has visible water damage and staining, and ceiling has started to cave in. c. Plumbing from kitchen sink is leaking into the wall behind it causing visible water damage and mould growth in the wall that is shared with part of the living room. d. Visible water damage in ceiling area in washroom. e. Bathtub has not been properly sealed. This is allowing water to enter between the bathtub and wall, leading to mould growth. f. Bathtub does not form a watertight seal with the floor. Wood surface lines the base of the tub, which is absorbing moisture and allowing mould to grow. g. Railing around the back deck is in disrepair. h. Eaves troughs are in disrepair. This is causing water to pool around the base of the home instead of being drained away from the home. This is leading to water damage, water leaking into basement of home and mould growth. AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act and the Regulations there under exist in and about the above noted premises, namely: Housing Regulation A.R 173/1999 s.4 a. The ceiling in the kitchen has two areas that are caving in and water is leaking directly into the home. Water is causing damage, and moisture build-up is leading to visible mold growth which is in contravention of Section III 1 (c) and (d) and Section III 2 (a) of the Minimum Housing and Health Standards which states that: the housing premise shall be in good repair, safe condition and structurally sound. Building materials that have been damaged or show evidence of rot or other

2 deterioration shall be repaired or replaced. Repairs or modifications required by the Executive Officer of any structural element of the housing premises may require the design and/or supervision of a professional structural engineer or a Safety Codes Officer (Building Discipline).The roof and exterior cladding of walls shall be maintained in a waterproof, windproof and weatherproof condition. b. The ceiling above the living room window has visible water damage and staining, and ceiling has started to cave in which is in contravention of Section III 1 (c) and (d) and Section III 2 (a) of the Minimum Housing and Health Standards which states that: the housing premise shall be in good repair, safe condition and structurally sound. Building materials that have been damaged or show evidence of rot or other deterioration shall be repaired or replaced. Repairs or modifications required by the Executive Officer of any structural element of the housing premises may require the design and/or supervision of a professional structural engineer or a Safety Codes Officer (Building Discipline). The roof and exterior cladding of walls shall be maintained in a waterproof, windproof and weatherproof condition. c. Plumbing from kitchen sink is leaking into the wall behind it, causing visible water damage and mould growth in the wall that is shared with part of the living room which is in contravention of Section III 1 (c) and IV 6 (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. All plumbing fixtures shall be serviceable, free from leaks, trapped and vented to the outside. d. Visible water damage on the ceiling in the washroom which is in contravention of Section III 1 (c) and (d) and Section III 2 (a) of the Minimum Housing and Health evidence of rot or other deterioration shall be repaired or replaced. Repairs or modifications required by the Executive Officer of any structural element of the housing premises may require the design and/or supervision of a professional structural engineer or a Safety Codes Officer (Building Discipline). The roof and exterior cladding of walls shall be maintained in a waterproof, windproof and weatherproof condition. e. Bathtub has not been properly sealed. This is allowing water to enter between the bathtub and wall, leading to mould growth which is in contravention of Section III 1 (c) and 5 (a) of the Minimum Housing and Health Standards which states that: the housing premise shall be in good repair, safe condition and structurally sound. Building materials that have been damaged or show evidence of rot or other deterioration shall be repaired or replaced. All walls, windows ceilings, floors, and floor coverings shall be maintained in good repair, free from cracks, holes, loose or lifting coverings and in a condition that renders it easy to clean. 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.

3 f. Bathtub does not form a watertight seal with the floor. Wood surface lines the base of the tub, which is absorbing moisture and allowing mould to grow which is in contravention of Section III 1 (c) and 5 (a) of the Minimum Housing and Health evidence of rot or other deterioration shall be repaired or replaced. All walls, windows ceilings, floors, and floor coverings shall be maintained in good repair, free from cracks, holes, loose or lifting coverings and in a condition that renders it easy to clean. 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. g. Railing around the back deck has been damaged due to ice falling off the roof which is in contravention of Section III 1 (c) and 3 (c) of the Minimum Housing and Health evidence of rot or other deterioration shall be repaired or replaced. Inside or outside stairs or porches including all treads, riders, 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 Professional Engineer design. h. Eaves troughs have been damaged due to ice falling off the roof. This is causing water to pool around the base of the home instead of being drained away from the home. This is leading to water damage, water leaking into basement of home and mould growth which is in contravention of Section III 1 (c) of the Minimum Housing and Health Standards which states that: the housing premise shall be in good repair, safe condition and structurally sound. Building materials that have been damaged or show evidence of rot or other deterioration shall be repaired or replaced. 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 May 31, 2013 at 16:00 hrs. b. That the owner immediately undertake and diligently pursue the completion of the following work in and about the above noted premises, namely: a. Repair caved in ceiling area in the kitchen. Ensure all damaged and rotted materials are removed and ceiling space properly cleaned. b. Repair caved in ceiling area in living room above the window. Ensure all damaged and rotted materials are removed and ceiling space properly cleaned. c. Ensure source of leaks are determined and areas of the roof properly repaired/replaced. d. Ensure leaking from plumbing system in kitchen sink are fixed and materials damaged by water and mould are replaced or properly cleaned and repaired.

4 e. Ensure water damaged tiles in washroom are replaced. Any damaged or rotted materials beneath tiles are to be removed and source of any leaks in washroom area to be addressed and fixed. f. Re-caulk the area between the bathtub and the wall in the washroom. Ensure any mould damaged materials are properly cleaned or replaced. g. Replace the wood floor material lining the bathtub in the washroom with material that is smooth, non absorbent and impervious to moisture. h. Replace or repair the damaged railing around the back deck area so that deck is safe and falls can be prevented. i. Replace or repair eaves trough so that water can properly drain away from the home. Water pooling around the home will lead to basement flooding, water damage and mould growth. 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 High Prairie Alberta, May 22, 2013 Cortney Best, BASc, 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

5 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 & Wellness at (780) , or by visiting: Copy Hermann Minderlein (owner) Copy Amanda Lepointe (tenant)