HOUSING CODE BOARD OF APPEALS MINUTES OF MEETING

HOUSING CODE BOARD OF APPEALS
MINUTES OF MEETING
May 10, 2010
The Wallingford Housing Code Board of Appeals convened at 7:00 p.m. on May 10,
2010 in Room 116 in the Town Hall to hear the appeal of Seme and Evelyn Ndzana of
18 Valley Street of the notice issued by Peter J. Leclerc, Housing Code Enforcement
Officer, by letter dated October 9,2009, denying their complaint that certain infestation
of their second floor apartment had been caused by the landlord's failure to maintain
the building in an insect-proof condition.
Present were Appeals Board members David Holloway, William Ulbrich, Robert
Prentice and Jared McQueen. Appeals Board member Marc Landow was voted in as
Chairman even though he was absent having agreed to accept the position at an earlier
meeting of the Appeals Board. Also present were Peter J. Leclerc, Seme and Evelyn
Ndzana, Abdul Haque (the landlord) and Adam Mantzaris, Corporation Counsel, Town
of Wallingford.
Housing Code Enforcement testified his office was in receipt of a complaint of insect
infestation in the second floor of 18 Valley Street occupied by the Ndzanas and wrote to
the owner-landlord, Abdul Haque, and asked that he make arrangements for an
inspection of the dwelling. Mr. Haque hired Terminex which inspected on October 7,
2009 and reported bed bugs on second floor only; at time of inspection, no evidence of
bed bugs on first or third floor. Based on the report, Peter Leclerc noticed the
Complainants, by letter dated October 9,2009, that under the Rental Housing Code,
the Complainants were responsible for extermination since their apartment was the only
one infested.
The Complainants, Seme and Evelyne, submitted a written memorandum in support of
the appeal of the Code Enforcement official's decision. In summary, the memorandum
and their testimony was that a bug crawled on to their bible when they moved in on
March 22,2009, but they didn't know what kind of bug it was; that the landlord never
had the apartment inspected for bed bug infestation after the last occupant moved out; --'
that Mr. Leclerc was wrong about the meaning of the ordinance because even though
the infestation was found only on the second floor apartment, their evidence showed
the landlord violated the Rental Housing Code by failing to maintain an insect-proof
condition throughout the dwelling house and that, therefore, the landlord was bound to
cause the extermination of the infestation.
The landlord, Abdul Haque, testified that he had Mr. Leclerc inspect the second floor
dwelling before the Complainants moved in, but Mr. Leclerc had earlier testified that his
inspection was limited to building code compliance matters. Mr. Haque also testified
that he caused the second floor dwelling unit to be cleaned before renting to the
Complainants and that as part of that cleaning, the existing rugs were removed and
new rugs installed, the vinyl tile was washed and walls painted. Further, that from the
"
time the Complainants moved in, on or about March 22, 2009, to when they called to
complain about the infestation, on or about September 17, 2009, they had never
complained to him about any infestation in their apartment.
All testimony as well as questions by members of the Appeals Board was concluded on
or about 8:20 p.m. and after deliberating in private for approximately ten or so minutes,
the Board voted unanimously to deny the appeal and so informed the Complainants.
The session adjourned on or about 8:30 p.m.
Appended to these minutes are the following documents: (1) Bed Bugs nuisance
complaint by Seme and Evelyn Ndzana dated September 26, 2009; (2) Housing Code
Enforcement Officer's letter to Abdul Maque, dated September 28, 2009; (3) Copy of
§3.08 of the Rental Housing Ordinance; (4) Copy of the Terminex Report showing
inspection date of October 7,2009; (5) Copy of Housing Code Enforcement Officer's
response to the Complainants dated October 9,2009; (6) Copy of Complainant's
appeal dated October 18, 2009; (7) Copy of Complainant's Memorandum in Support of
Appeal to Housing Code Officer's Decision.
PETER LE L
Recorder for is Session of the Wallingford Housing
Code Board of Appeals
Seme & Evelyne Ndzana
18 Valley Street, 2nd floor, Wallingford, CT 06492
Tel: (H) 203-265-1910 - (C) 203-231-4791
October 18, 2009
Housing Code Board of Appeals
Town of Wallingford, Building Department
45 South Main Street
Wallingford, CT 06492
Re: Petition for Hearing Housing Code Board of Appeals Re: Bed Bugs Nuisance
Complaint
.
Dear members of the Housing Code Board of Appeals,
Our reason for this petition and hearing, filed according to Section 12.03 of the Rental
Housing Code Ordinance, is because in this case the responsibility for clearing the
premises of any insect infestation is t-heowner's and not the tenants'.
Yet, housing code enforcement officer, Peter J. Leclerc, issued on October 9,.2009 and
mailed to us by ordinary mail the notice, which copy is attached herein, stating, we quote,
that "Unfortunately, .since the infestation is found to be in your apartment exclusively, the
cost for the extermination is to be borne by you. "
We strongly disagree with Mr. Peter J. Leclerc's notice on the following grounds:
. Misapprehension of the facts
Misapprehension ofthe law (Ordinance Establishing the Code for Rental Housing
in the town of Wallingford).
Therefore we petition
to request
that a hearing be held on the matter .
..To protect our family from the multiple health hazards of the bed bugs infestation, since
the process of our complaint has taken long delays and may further take longer delays,
.we are engaged to remedy the situation by hiring and having a licensed pest control .
company - different from the Terminix company recommended by Mr. Leclerc .. disinfecttherental unit; which is not an indication whatsoever that we agree with the Mr.
Peter J. Leclerc's notice appealed hereby.
'.
_ .
.~:
,I
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, RICHARO F. BOYNE fII
SUI~DING OFFICIAL
ZONING ~NFORCe:MENT OFFICER
HOUSING CODe: ADMINISTRATOR
BUILDING OEPAFITMENT
TOWN HALL
45 SOUTH MAIN STRE:ET
WALLJNGFORD. CONNECTICUT 064~
TELEPHONE (203) 294-2005
October 9, 2009
Seme and Evelyne Ndzaria
18 Valley Street
Wallingford, CT 06492
.Re: Bed Bugs Nuisance Complaint
Dear Mr. and Mrs. Ndzana:
In response to your recent complaint filed with our office regarding the
..above-referenced matter, please find a copy of the report submitted by
Tertninix following their inspection of the entire premises at 16-18 Valley
Street. I have highlighted the pertinent section of this reportthat references
the infestation to be contained to only the second floor dwelling.
Based upon this report, you will also find a copyof the Rental HOusl."'1.g
Code Ordinance, Section 3.08, which specifically addresses this issue.
Unfortunately t since the infestation is found to be inyoUI apartment .
. exclusively, the cost for the exterminations is to be borne by you ..
. .-'.~
~.
.·1would suggest that you sPeak With Mr; Haqu€·as'soonas' possible to .
.•coordinate the proper extermination of Y011r dwelliI'l:9' unit.with the Tenn~nix
. .;eo!'IJ.p~ny.
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Peter J. Leclerc
Heusinq Code-Enforcement
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'Tbi'sResidential. Outside' Pest Control Agreement provides for pest control services and treatment outside the home and outside any structures on the property. The
initial service call will include an interior service and treatment. After the initial service and treatment, only service or treatment provided outside the borne and
outside any structures on the property will be included in this Agreement, unless an inside service is requested prior to the regularly scheduled outside service,
Basic Outside Coverage - Treatment or Inspection for:
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, Upon completion, of an exterior treatment,a service invoice will be left to facilitate your payment. If a pest problem arises between
scheduled outside services, please call our 'local office to schedule an additional service at no additional charge.
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, -Su~mary of Charges'
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"I understand that by enrolling '~y' account for Easy Pay,'all future invoices sent to :ineby Terminix for services performed pursuant to my contract, will automatically"
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(It Easy Pay'is selected-copy of agreementmust be sent to Corporate to 860 Ridge Lake Blvd., Memphis, TN 38120 Mailstop C2-4092)
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l'bi; agreement is for an ii1itf~I'~e:ri!!,g,'ot-twe)v~,,(i'2)"iiiolJth's'frotn'the'
date of flrst service and, unless canceled by the purchaser, will automatically continue on -a
quarterly or monthly basisuntiI'i:a~ieled, by either party upon thirty days notice.
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" YOU, THE, BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THETHIR1>BUSINESS
DAY AFTER
THE DATE OFTHIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORAN EXPLANATION OF THIS ,RIGHT.
'The Terms' and' Conditions on the reverse side, including the mandatory arbitration agreement, are part of this agreement.
: ,The Initial -service will occur Within 30 days of the date of the contract and be completed as set forth herein.
, In the event you have any questions or complaints, you may contact a Terminixrepresentative by calling 1-800-TERMINlX (1-800-837-6464),
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PURCHASER
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IS FOR AN JNITIA.L PERIOD OF TWELVE MONTHS.
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- 8 .-
AN ORDINANCE ESTABLISHING A CODE FOR RENTAL BO~SING
IN THE TOWN OF ~ALLINGFORD
3.05 EverY occupant
of a dwelling
or dwel ling unit
shall
store
and disp6se
of all
his refuse
and garbage
and any other
organic
waste which might provide
harborage
or food for rodents
or insects,
in a clean,
sanitari
and safe
~anner~
and i~ a container
is used for storage
pending
col-l e c t i on . it. shall
be
rod en t pro 0 r, ins e c t proof,
8:nd .,."
ate r t i g h t ,
owner of a dwelling
c o n t a i n i rig three
(3)
or
more dwelling
units
shall
supply
racilities
or containers
for
the &anitary
a~d safe
storage6f
rubbish
and garbage
and
shall
be responsible
for the disposal
of same,
In the: case
01 single Dr two !~mily dwellings
it shal I be the responiibility
of the occupant
to furnish
such facilities
or coritainets if not supplied
by the owner.
. 3 ..06 ·Every.
3.07 The owner of a dwelling
or-dwelling
unit
shall
be
responsible
f o r. providing
and hanging
all
screens,
st.orm doors
and windows ~henever
the same are reqtiired
under
the pro~isions
of this
'ordinance
or any rule .D.r:- regulation
adopted
pursuant
thereto,
except
where an agreement
b et w e e n the owner and occupant:
. has been . arranged.
in w r i t i n g., .In
thevab s eric e of such an
.
ag~eeme~t,
maintenance
or replacement
of ~creens,
storm doo~s'arid
windows,
once instilled
in ~ny one season,
become the
responsibility
of the occupant.
~3
,'08 Every
occupant
of a dwe 1 ling
c o n t a i n i ng ~a sing l e
dwelling
unit
Shall
be responsible
for the exterminaticin
of
..anyin-sects,
rodents,
or other
pests
-t h e re i n or on the
premises;
and e v e r y voc cupa nt- of adwelling
unit,
in a dwell. ing containing
mo r e than
one ·dwe·ll ing uni t
s ha.l l be respons i b l eYor .s u ch extermination
:whenever' his
dwelling
is' the o n.l y
o n e infested.
.No t.w i t h st a nd ing v t h e f o r-e g o i rig provisions
of .
'. this .sub's e ct i cn, whenev·erinf,€!.i,tation.is
caused
'by failure
···.·oftheowner
to maintain
a dwelling'ln
a rat-proof
or·t·easort-,·
:abieins.ect-proof
conditiori:;;externrination.
shall
be. the re"'spons ib il i ty
the owner '. ;:whe~ever~rife·stali·onexists··
in
two·or
mo.r e of: the dwe.111ng1..\n,its,-irlanYdwelling,
or in
the. shared
or. pub 1i c parts'
'an~:dwel'l
i rig containing
two or
rno r e vdweII irig un i ts,
ex t e r minatiori
t ne r eo r shall
be t rie
res p 0 ns.i b i 1 i t Y of the. 0 w n e r.... . ; .
j
. , ..
.....
of
or'
.3'~09 Ever-vvo c cupari t of.~.' dwe 11 i~g' uni t COT . structure
shalt··.
keep all
plumbing
fixtures
and facilities
therein·
in a cle~n
and ~ahitatv
condition.
andshali
be~esDonsible
for:the·
.
exer.cise
of'riasonabl~
care
in the Ri~pe~
use and operation.
thereof.
3.10 Every
dwelling
units,
owner of a dwelling
and every
occu~ant
containing
two or more
of a dwellirig
c6ntaining
-";
-
-~-~--
-
--
-----
RICHARD F. BOYNE
8UI.LDING
ZONING
III
OFFICIAL
ENFORCEMENT
HOUSING
CODE
OFFICER
ADMINISTRATOR
BU.lLDING DEPARTMENT
TOWN "HALL
45 SOUTH MAIN STREET
WALLINGFORD,
CONNECTICUT
TELEPHONE
(203)
06492
294-2005
September 28,2009 ..
Mr. ·Abdul Haque ..
•.16 ya,lley Street.
First Floor··
..
.
.Wallingford;::CT 0649·2.
~;
.
:
"
.
R~: #18 Valley Street (2nd floor)
I~earMr. Haque:
As you know,·this office has received a formal complaint concerning '.
the presence of insects (possibly bed bugs), at the above-referenced rental
dwelling.
.
..
the owner of this property, I would ask that you contact a pest
control company as soon as possible to make arrangements for an inspection .....
and to address the extermination issue with specific attention to the bed bug
issue.
.As
If you have any questions regarding this matter, please do not hesitate
to contact my office.
.
Please know that your cooperation in connection with this matter will be.
greatly appreciated.
Very truly yours,
Peter J. Leclerc
Housing Code Enforcement Officer
PJL/kg
orinted on
!.9Q%
recycled paper
~--~~------------~--------
---~--
~---
- - ---
- --~
-_Seme & EvelyneNdzana
_
18 Valley Street, Wallingford, CT 06492
Tel: (H) 203-265-1910- (C)203-231-4791
September 26, 2009
Town of Wallingford.Health Department
-Attention Eloize Hazlewood, Director
45 South Main Street, Room #215-Wallingford, CT06492 -Re: Bed Bugs Nuisance Complaint
_ Dear Health Department-Director Eloize Hazlewood,
-
-
On September 17, 2009 _I called the Town Clerk and reported the problem of bed bugs we have found in the second floor apartment we rent on 18 Valley Street.
I called your department the next day and was put in contact with Peter (phone # 294-2145) who told me he would send a letter to my landlord Abdul Haque asking him to
treat the bed bugs. He reminded me that, as tenants, we were responsible not to spreacl the
--bugs.
-The facts are that my family of five (two adults and three children) moved to the
apartment on March 23, 2009.
March 22, during our prayer sitting on the rug in the
empty apartment, a bug crawled on my prayer book and I crushed it with a finger and was
surprised to see blood. I didn't know that kind of bud before and I made the mistake of
ignoring the case thinking it was one of those spiritual signs we were then used to.
On
... ',
By late June to early July, w.e used to feel like tiny bugs running through our skins at
night in our parental bedroom. But it was not until early September, when my wife
- _developed it skin disease with rashes - still being treated for by Yale Hospital-and we
-saw blood on our sheets each morning that we started worrying. Then on September 16
-2009, we saw many of those bed bugs accumulated on a pillow that was on the floor.
We immediately reported the issue to our landlord, who started defending himself and _
throwing the responsibility to us. Until the next day he did nothing and we called your _
Town's Clerk. Till until this day, landlord Abdul Haque has been declaring to us that he
-)Viltnot exterminate de bed bugs because he thinks it's not his responsibility.
My family and I are seriously scared. We are not sleeping well at night as we try to
- .....
__change places, in the kitchen or in the living room, where there are few bugs. The bugs
are spreading in the house and we don't know what to do now. We need your urgent help.
Yourstru;(..
~~ft~
.J/
i,_..
HOUSING CODE BOARD OF APPEALS' HEARING :
TOWN OF WALLINGFORD
Iv!R. SEME NDZANA & MRS. EVEL YNE NDZANA
CONNECTICUT
VS.
WALLiNGFORD
HOUSING CODE ENFORCEMENT OFFICER
AT
PETERJ. LECLERC
November 16, 2009
MEMORANDUM
WALLINGFORD
IN SUPPORT
OF
APPEAL TO HOUSING CODE OFFICER'S DECISION
FACTS
The Complainants brought this action for financial expenses they are obligated to suffer
because of Officer Peter J Leclerc's notice shifting to them the responsibility for the cost of the
exterminations of bed bugs at 18 Valley Street, Wallingford. 2nd floor unit.
In accordance with Section 12.03 of the Code for Rental Housing Ordinance, the
Complainants filed on October 18,2009 a two-count <complaint appealing the Housing Code
Enforcement Officer's notice dated October 9, 2009, issued after Officer Peter J. Leclerc's
examination of the Complainants' complaint filed abcut "BedBugs Nuisance" on September 26,
2009. The request for hearing in appeal was granted by the Housing Code Board of Appeals on
October 28, 2009, which scheduled the hearing for Monday, November 16, 2009 in compliance
with. Rental Housing Ordinance, Section 167-12, D.
ARGUMENT
A. CompJainom'
Claims:
The Complainants demand that the decision by Housing Code Enforcement Officer Peter J.
Leclerc issued through his notice dated October 9, 2009, according to which "the cost for the
exterminations is to be borne to you {the Plaintiffs]" be reversed by the Housing Code Board of
Appeals on the following grounds:
Misapprehension of the facts
1
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--
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-- ----- ----.~---------
--
Misapprehension of the law (Ordinance Establishing the Code for Rental Housing
in the town of Wallingford).
In his examination of the esse, Officer Peter J. Leclerc ignored the Complainant Seme
Ndzana's account filed in their complaint stating that
"On March 22; during our prayer sitting
on the rug in the empty apartment, a bug crawled on my prayer book and I crushed it with
a finger and was surprised to see-blood". The ·Complainants thus saw one of those bed bugs
before moving into the premises; hut the Complainants did not know the bug and thought
it was one. of those wild bugs traat may have crawled into the premises through the
openings under both rear and front doors as well as the broken window on the rear hall.
In Officer Peter J Leclerc's notice- dated October 9, 2009; there is not indication"
either verbally or with any material evidence whatsoever, that the owner Abdul Haque
had ever got the rental unit inspected for bed bugs, after prior occupant had vacated the
premises; which is a non compliance by the owner with Section 10.00 of the Ordinance.
C. Misapprehension of the Law
Housing Code Enforcement OfficeI" Peter Leclere in his notice higlilighted
ill
blue ink a
part of Subsection 3.08., which reads: "and every occupant of a dwelling unit, in a dwelling
dwelling is the only one infected". Then, apparently based on a copy of Tenninix's
• .. • r:.~_
~t, 2~
d ~, ..:h~."bi6.••=· in ••
.• a mention
.
report dated
U'l,d.'.l'Jm
vv;:;<' an· ~~
ome mK
following
"Bed bug service for 2 bedrooms
inspection
f·....
. the
~
SUC-!{report stating
Q_
and living room for second floor only" and
continuing with the un-highlighted mention "AI time of inspectioa 00 bed bug evidence on 1st or
3m floor units", Officer Peter J Leclerc took the decision that "unfortunately,
since the infestation
to be borne by yon".
2
Yet, the part of Subsection 3.0:8 that Officer Peter J. Leclerc highlighted in blue ink is a
partial and incomplete
quotation of the related paragraph of Subsection 3.1)8; which clearly
continues as follows:
"Notwithstanding
the foregoing provisions of this subsection, whenever infestation is
caused by failure of the owner to maintain. a dwelling in a rat-proof or reasonable insect-proof
condition, extermination shall be the responsibility of the: owner."
Before the Complainants filed this appeal, they asked the property owner Abdul Haque
any evidence showing that he had ever got the 2nd floor unit at 18 Valley Street" 2nd floor.
inspected for bed bugs after prior tenant had vacated the premises. Mr. Haque was unabl1: to show
Complainants
any such evidences. The Complainants sent Mr. Haque a certified mail and he
refused to pick it up. The owner's only argument was that he changed the rugs in the apartment,
in addition to his other various advises to the Complainants,
such as vacuuming the unit with a
stronger vacuum cleaner.
Itn the notice issued by Officer Peter J Leclerc, there is no evidence whatsoever showing
that the owner Abdul Haque had ever succeeded to maintain the dwelling in a reasonable insectproof condition. Openings under both rear and frOIrt doors as well as the broken window ia the
rear hall, which stayed in that condition of neglect until late October 2009, are a clear indication
that the owner had failed to maintain the dweHing·in an insect-proof condition. The Complainants
question the motives that led Officer Peter Leclere to turn a blind eye on owner Abdul Haque's
responsibility to maintain the dweliing in a bed: bugs-proof condition prior to March 23, 2009;
which. is the date the Complainants moved into the dweIl:iJ:t..g.
D. Conclusion
The Complainants believe that Housing Code Enforcement Officer Peter J. Leclerc. in. his
notice dated October 9, 2009, had not sought the facts about
me own-er's responsibilities
in.terms
of compliance with Subsections 3.08 and 10.00 of the Ordinance. In his notice in which he hastily
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shifted the responsibility for the ~er:minatio:ns to the Complainants, Offi~er Peter J. Leclerc had
prior to the Complainants' moving into the rental unit.
Therefore, because the st.atement by Officer Peter J Leclere that the cost for the
exterminations is to be hQm9. by the Complain-ants is based on a misapprehension of
me facts 811d
Code Board of Ap~al~ to nulillY the decision taken. by Ofn(lef Peter J Leclerc in his notice dated
October 9, 2QQ9shifting the responsibility for the bed bugs exterminatien to the Complainants,
Based on the foregoing. the Complainants pray the Housing Code Beard of Appeals to
rule that the cost fer the extemrlnations of bed bugs in th!e premises located at 18 Valley Street,
2!ld
floor, be borne by th~ owner.
THE COMPLAINANTS
Wallingford. CT 06492
Te1e. # (203) 26;5·1910
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