HomeMy WebLinkAbout460 Miller Road (3) TOWN OF SOUTH WINDSOR, CONNECTICUT
HEALTH DEPARTMENT ORDER
NOTICE OF VIOLATION
DATE: August 22,2017 Certified Mail #7013 2630 0000 4310 1053
ISSUED TO: Michael S Lanata
460 Miller Road
South Windsor, CT 06074
You are hereby notified of the existence of a public health law violation upon the premises owned
by you or under your charge, located at 460 Miller Road in the town of South Windsor,
Connecticut 06074.
On August 18, 2017, The South Windsor Health Department verified conditions that are in
violation of 19-13-B1 described as follows:
The property has a significant accumulation of garbage, rubbish, boxes, and other waste
materials. This condition constitutes a public nuisance; it invites the breeding and collection
of rodents by providing a feeding and harborage area for rodents to inhabit.
The above described condition represents a public health nuisance and is a violation of the
following Laws.
LAW VIOLATIONS: State of Connecticut Public Health Code Section 19-13-13 1(i), 1321(a)
AUTHORITY: Connecticut General Statutes Sections 19a-206, 19a-207, 19a-220 and 19a-244.
State of Connecticut Public Health Code Section 19-13-132
PENALTY: Connecticut General Statutes Sections 19a-36, 19a-206, 19a-230
All garbage, rubbish, boxes, food waste, and other waste materials are to be removed from
the property and disposed of in a sanitary manner.
You are hereby ordered to correct the above said violation(s) by September 7, 2017. A follow up
inspection will be conducted on September 8, 2017 or shortly thereafter to determine compliance.
Failure to comply with this Order of the Director of Health, may result in referral to the State's
Attorney's Office, Housing Matters Department for further enforcement.
Please see attached 111forinatioil on the Right of Appeal. Copies of the above-cited laws are
available upon reques
Y.- z z �/
Mr. Luigi Sartori, ', HHS Date
Director of Health, Town of South Windsor, Connecticut
RIGHT OF APPEAL: Connecticut General Statutes Section 19a-229 states"(a) Any person aggrieved by
an order issued by a town, city or borough director of health may appeal to the Commissioner of Public
Health not later than three business days after the date of such person's receipt of such order, who shall
thereupon 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."
There are two ways to appeal this order; both methods require action not later than three business days after
you receive the order.
(1)You may appeal the order by delivering your written appeal to the Department not later than three (3)
business days after you receive the order. You may deliver it to the Department either in person or by
facsimile. The Department's address and facsimile number are:
Department of Public Health
Public Health Hearing Office
410 Capitol Avenue, MS 13 PHO
P.O. Box 340308
Hartford, CT 06134-0308
Facsimile: (860) 509-7553
If you choose this method of appeal, you need do nothing more to perfect your appeal, unless instructed
otherwise by the Department.
(2) You may also appeal the order by calling the Department not later than three business days after
receipt of the order at one of the following numbers: (860) 509-7648 or(888) 891-9177. It is sufficient to
leave a message with your name, number and a description of the order you are appealing.
If you appeal the order by calling one of the telephone numbers listed above,the telephone call must be
followed up with a written notice of appeal that must be received by the Department with in ten (10)days of
the telephonic notice.
PLEASE NOTE: It is not sufficient that the written notification be post marked within ten days. It must be
received by the department within ten days. Delays caused by the Post Office will not excuse failure to
comply with this requirement.
This written notice of appeal following the telephonic notice may be delivered to the Department in person,
by facsimile, or by first class or certified mail. The Department's address and facsimile number are
provided above. If you choose to send the written notice of appeal by first class mail or certified mail,
please use the address provided below.
Department of Public Health
Public Health Hearing Office
410 Capitol Avenue, MS 13 PHO
P.O. Box 340308
Hartford, CT 06134-0308
Regulations of Connecticut State Agencies Rules of Practice
Section 19a-9-8: Date due when due date falls on a date the department is closed. if the last day
of any statutory or regulatory time frame falls on a day on which the
department is closed, any paper may be filed or any required action may be
taken on the next business day the department is open. Such filing or action
shall be deemed to have the same legal effect as if done prior to the expiration of
the time frame.
Section l 9a-9-14: Appeals of orders issued by a town, city, borough, or district director of health.
[Subsections: (a), (c), (d), (e)and (f)]
(a) Any person aggrieved by an order issued by a local director of health may appeal said order to the
commissioner.
(c)The notice of appeal shall state:
(1) the name, address, and telephone number of the person claiming to be aggrieved;
(2) the name of the issuing authority;
(3) the way in which the order adversely affects the person claiming to be aggrieved;
(4) the order being appealed; and
(5) the grounds for appeal.
(d) Telephonic notice of appeal to the office of the commissioner shall be satisfactory as the initial notice of
appeal, provided written notice of appeal from the person claiming to be aggrieved is received by the
department within ten (10)days of the telephonic notice.
(e)An appeal from an order issued by a town, city, borough, or district director of health shall be a de novo
proceeding in accordance with the regulations governing contested cases as set forth in sections 19a-9-1
through 19a-9-29 of the Regulations of Connecticut State Agencies.
(f) Any order issued by a town, city, borough, or district director of health shall include a notice of the right
to appeal which shall indicated the name and telephone number of the commissioner or the commissioner's
designee, and shall be accompanied by copies of sections 19a-9-8 and 19a-9-14 of the Regulations of
Connecticut State Agencies.
Code of the Town of Manchester Connecticut
See attached pertinent sections:
Section 187-5 Suspension of license; request for hearing
Section l 87-6 Service of notice.
and 187-7 Penalties for offenses