9 Skerry Street Affidavit 8-30-2018 COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss: HOUSING COURT DEPARTMENT
NORTHEAST DIVISION
Civil Action No.
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS and
the CITY OF SALEM,
Petitioners,
V.
MICHAEL MCMAHON as owner of the property
located at 9 Skerry Street, Salem,Massachusetts,
UNITED STATES OF AMERICA, and UNITED
STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, as holder of a
mortgage covering the property located at 9 Skerry
Street, Salem, Massachusetts; and OCCUPANTS of
the Property located at 9 Skerry Street, Salem,
Massachusetts,
Respondents.
AFFIDAVIT OF ELIZABETH GAGAKIS
ELIZABETH GAGAKIS for her affidavit under oath states:
1. I have been employed as a sanitarian and senior sanitarian for the City of Salem for the past
ten(10) years. I am currently serving as the Acting Health Agent. In this capacity, I am
authorized and mandated to have properties inspected and enforce ordinances,rules, and
regulations required under the Massachusetts State Sanitary Code, and the regulations
promulgated thereunder, 105 CMR 410.00 (the"Sanitary Code").
2. I am familiar with the facts underlying the conditions at the residential property located at 9
Skerry Street, Salem, Massachusetts (the"Property"), which is the subject of the receivership
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petition by the Attorney General and the City of Salem in the captioned matter, as set forth in
this affidavit.
3. The Property is a multi-family residential dwelling. The City has been involved with the
Property since at least 2017, when the City cited the owner for several severe violations of
the State Sanitary Code:
a. The Property's electrical systems were in disrepair and the Property was without
electricity in violation of 105 CMR 410.351 and 105 CMR 410.352;
b. The Property contained an excessive build-up of trash, rubbish,rotting food, and
debris including items stored in trash bags that can provide harborage for pests in
violation of 105 CMR 410.450-452 and 105 CMR 410.602;
c. Toilets were not maintained in a clean and sanitary condition and fecal matter was
present in buckets and bottles along with discarded needles and other drug
paraphernalia were present on the Property in violation of 105 CMR 410.300, 105
CMR 410.352, and 105 CMR 410.602;
d. The Property' s sewage disposal was inoperable in violation of 105 CMR
410.150(A)(1) and 105 CMR 410.300; and
e. The Property's smoke and carbon monoxide detectors were missing in violation of
105 CMR 410.482.
4. Attached as Exhibit A is a copy of the August 7,2017 Violations Report and Emergency
Condemnation Order.
5. The City has continued to monitor the Property and the violations at the Property were never
remedied and excessive amounts of trash,rubbish and debris remain at the Property.
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6. The City has continued to monitor the Property, and attempted to work with the Safeguard
Properties,the mortgage holder's property preservation company,but has seen little to no
progress in remediating the Code violations present at the Property.
7. Unless action is taken immediately, the conditions will continue unabated, and the public will
continue to face risks to its safety.
Signed under pains and penalties of perjury this 30 day of
2018.
abeth Gag is; acting Health Agent
City of Salem
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