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16 FREEMAN ROAD ORDER LETTER, ETC. CITY OF SALEM MASSACHU'-'""' 7217 1450 2001 5936 4296 BOARD OF HEALTH 9 ° $ ❑❑❑❑❑ 98 WASHINGTON STREET,312D FLO m �i o m m 1 a am a SALEM,MA 01970 3 TEL. (978) 741-1800 ' KIMBERLEY DRISCOLL health@salern.com ealth@salem.com MAYOR i o (As � . • gy: Q1Z CD ow�Fnwe.n - a m , May 15,2019 ° m Barbara J. Erps 16 Freeman Road Salem,MA 01970 VIA CERTIFIED MAIL 7017 1450 0001 5936 4296 ° Regular Mail m �i Dear Property Owner: An on-site inspection of your property located at 16 Freeman Road,Salem,MA was conducted on May 8,2019 by David Greenbaum,Health Agent for the Board of Health. There are many openings in the garage Additionally, there is a structure that is collapsing in the rear of the property and there are open windows and many areas of rot around the house that can allow entry for rodents and raccoons. These conditions create an ideal harborage for rodents. Raccoons,rodents,etc.are considered a neighborhood nuisance and community health hazard. The garage must have all entry points and openings sealed. The property,including the garage must be exterminated by a licensed exterminator. After extermination has taken place any burrows must be filled and monitored. In accordance with Mass General Laws,Chapter HI,Section 123 you are ordered to retain the services of a licensed exterminator and suppress any rodent population within fourteen(14)days of receipt of this order and a copy of this invoice must be forwarded to this department upon completion of the extermination. Should-you be aggrieved by this order;you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 Days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. If you have any questions or concerns,please call this office at 978-741-1800. I thank you in advance for your cooperation. For the Board o!Health: a ✓ avid re en aim Health Agent Cc: Victoria Caldwell,Assistant City Solicitor ♦ r ] `�� 'i;.•�,� it �: ��4• r� �:� 1 try' - -14 tell u r for.I IN o:= n. J• jt f• -•l, H. . �' ,•�. - +4j' ate , yt •ice , \' � t• • 1 WWI 1,c .� _ . -, K _ f r OAF r .iQ f � `+•,j�,1 �f'�il�. •.S~'}1.r4� 'c •,� �' �.�Ca�\ rr 1�1 j� i � '.si: a' �, �{,.,k�F .+��RQ,t �'}��• �� '�� •{#y��,,��,•,'lw!7.":r '�,YS'''�'1 '�)t?!',�',�`•�`.7�'[� t�� 1{) 06- wounrumm IrAll?WIN •�t�l. j/��4i?S.��r.4. Y '• -•t�. ` �.'�I'.1t i;,+•� {• If.� n `' 1 ll+ -. t. 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Jill r 5/13/2019 Unofficial Property Record Card Unofficial Property Record Card - Salem, MA General Property Data Parcel ID 14-0280-0 Account Number 0 Prior Parcel ID 42— Property Owner ERPS BARBARA J Property Location 16 FREEMAN ROAD Property Use One Family Mailing Address 16 FREEMAN RD Most Recent Sale Date 1/23/2004 Legal Reference 22318-234 City SALEM Grantor ERPS GLENN, Mailing State MA Zip O'rvry Sale Price 0 ParcelZoning R1 land Area 0.630 acres Current Property Assessment Card 1 Value Building Value 190,80_ Xtra Features 4,700 Land Value Total Value 375,801, Value Building Description Building Style Cape Foundation Type Concrete Flooring Type Hardwood #of Living Units 1 Frame Type Wood Basement Floor Concrete Year Built 1920 Roof Structure Gable Heating Type Forced HIW Building Grade Average Roof Cover Asphalt Shgl Heating Fuel Oil Building Condition Average Siding Vinyl Air Conditioning 0% Finished Area(SF)1670A Interior Walls Plaster #of Bsmt Garages 0 Number Rooms 6 #of Bedrooms 3 #of Full Baths 1 #of 3/4 Baths 0 #of 1/2 Baths 0 #of Other Fixtures 0 Legal Description Narrative Description of Property This property contains 0.630 acres of land mainly classified as One Family with a(n)Cape style building,built about 1920,having Vinyl exterior and Asphalt Shal roof cover,with 1 unit(s),6 room(s),3 bedroom(s),1 bath(s),0 half bath(s). Property Images iFL � ra�w nm� Disclaimer:This information is believed to be correct but is subject to change and is not warranteed. salem.patriotproperbes.com/RecordCard.asp 1/1 i CITY OF SALEM, IVIASSACHUSETTS BOARD OF HEALTH 98 WASHINGTONSTn�REET,3RD FLOOR R'�RpH�� SALEM,MA 01970 Prevent.Promote.Protect. TEL. (978) 741-1800 KHSABERLEY DRISCOLL health@salem.com DAVID GRIENBAUM,RS MAYOR HEALTH AGENT May 15,2019 Barbara J. Erps 16 Freeman Road S�m',MA 01970 Dear Sir/Madam: In accordance with Chapter 111,Sections 127A and 127B of the Massachusetts General laws, 105 CMR 400.00:State Sanitary Code,Chapter I:General Administrative Procedures and 105 CMR 410.000:State Sanitary Code,Chapter ll: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property at 16 Freeman Road in the City of Salem by David Greenbaum,Health Agent of the Salem Board of Health,on Wednesday, May 8,2019 at 11:00 am(photos taken and on file).The following violations of the State Sanitary Code were noted,as checked: X CMR 410:600 Storage of Rubbish and Garbage X CMR 410:601 Collection of Rubbish and Garbage X CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D) BOH Regulation#7 Description of Violations:See Enclosure(s) 410.600: Storage of Rubbish and Garbage (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers.Said receptacles and covers shall be of metal or other durable, rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material.Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-fitting covers as required in 105 CMR 410.600(A)provided that the plastic bags may be put out for collection except in those places where such practice is prohibited by local rule or ordinance,or except in those cases where the Department of Public Health determines that such practice constitutes a health problem.For purposes of the preceding sentence,in making its determination,the Department shall consider,among other evidence of strewn garbage, torn garbage bags,or evidence of rodents. (C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal,and shall so locate them to be convenient to the tenant that no objectionable odors enter any dwelling. (D) The occupants of each dwelling,dwelling unit,and rooming unit shall be responsible for the proper placement of her or his garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner. 410.601: Collection of Garbage and Rubbish The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of: (A) The regular municipal collection system;or (B) Any other collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage, and is otherwise maintained so as not to create a safety or health hazard;or (D) When otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as not to create a safety or health hazard;or (E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health(see 10410.840) 410.602: Maintenance of Areas Free From Garbage and Rubbish (A)Land: The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. (B)Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls. (C)Dwellings Containing Fewer Than Three Dwelling Units: In a dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining in a clean and sanitary condition free of garbage,.rubbish,other filth or causes of sickness the stairs or stairways leading to her or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs,stairways,or landing are not used by another occupant. (D)Common Areas: In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage, rubbish, other filth or causes of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by the occupant exclusively. (1)The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free from garbage,rubbish,other filth or cause of sickness that part of the passageway or right-of-way which abuts her or his property and which s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he owns. Board of Health Reaulation#7: 5.1 Time of Placement 5.1.2 Bags may be placed curbside for municipal collection no sooner than 6 AM the morning of the scheduled collection. 5.1.3 All containers and bags must be placed curbside no later than 7 Am on the day of collection and must be removed from the sidewalk on the same day as the collection.5.2Solid Waste Weight Limit There may be no more than 3 containers or 3 bags or a combination of containers and bags totaling no more than 3 and weighing no more than a total of 50 pounds each;plus one bulky waste item,placed curbside for municipal collection. 5.4 Bulky Waste One bulky waste item per week may be placed for collection by residents and allowed small businesses.5.9 Yard Waste Yard Waste may not be included in regular municipal collection. It will be collected 5 times per year on a schedule agreed upon by the City and the City's contractor. Yard waste must be placed in yard waste paper bags or open containers clearly marked as"yard waste."Trimmings may be bundled in lengths no more than three feet long,(branches may not have a diameter wider than 3 inches)and weigh no more than 50 pounds. You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 Days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders, and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. One or more of the above violations constitutes a condition,which may endanger or materially impair the health or safety and well-being of the occupant(s) or the general public. If you have any questions,kindly contact this office at(978)741-1800. For tbe Board. f,Health David Lreenb um Health Agent cc: Victoria Caldwell,Assistant City Solicitor Ward Councilor ` CITY OF SALEM, MASSACHUSETTS 10 BOARD OF HEALTH 98 WASHINGTON STREET,3RD FLOOR PubHcHealth SALEM,MA 01970 Prevent,Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL healthLoNalem.com DAv7D GREENBAUM,RS MAYOR HEALTI-I AGF,NT Trash Letter Violations To: Barbara J. Erps Date: Wednesday, May 8; 2019 Address: 16 Freeman Road Time: 11:00 AM _ City / State: Salem, MA 01970 Nd Property At: 16 FREEMAN ROAD Violation Numbers: _X_ 600: Storage of Rubbish and Garbage X 601 : Collection of Rubbish and Garbage _X 602: Maintenance of Areas Free From Rubbish and Garbage. _X_ B.O.H. Regulation #7 Complaint: Upon inspection of the above referenced property the following were noted: there is a large pile of overflowing, uncovered trash barrels and a large pile of trash and debris in the rear of the driveway of this property. Owner must remove and properly dispose of all trash and garbage at the rear of this property. Owner must maintain this property in a clean and sanitary manner. • A continuation of this violation or any other violation of this matter will result in a monetary citation. cc: Victoria Caldwell,Assistant City Solicitor r °OO � yooO (� � 80 rev oV) w ►Z' 0 N' lel C -fix Cam; w r- O C p m r N v N m } +J i; iMf �t p �_ kol (-n 00 m CT nl rn mDO r �_ r ° t C w � 3 } > o y n D = D rn O o n m-i -i n H CL -o H E W flf ; V. LA Am��= st! � i77 C Ln 'w r•';t5 � - � E' � �„ "��>'r MSC � - �.)fi•-'! trf r o kin nV n m i'i f n 7`I 1 an M I ; i I CO m ooN C ! ' ooN C �� v ENO ` � �', � ONO ` N N G) i I ' N rA m v fxl `� , ' n v } O } , > O o l � o IQ � m ./yam -� N CDN N� WO I COMMONWEALTH OF MASSACHUSETTS ESSEX, ss: HOUSING COURT DEPART NORTHEAST DIVISION Civil Action No. ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS and the CITY OF SALEM, Petitioners, V. ARBARA ERI'S as owner of the property at 16 Freeman Road, Salem, Massachusetts; WELLS FARGO DANK, N.A.' as holder of a mortgage covering the property at 16 Freeman Road, Salem, Massachusetts; and TRINITY EMS, INC. as holder of an execution against the property at 16 Freeman Road, Salem, Massachusetts; COMMONWEALH OF MASSACHUSETTS, MASSHEAI.TTi,as holder of a lien against the property at 16 Freeman Salem, Massachusetts Respondents. PETITION TO ENFORCE THE STATE SANITARY CODE AND FOR APPOIIM'TMENT OF A RECEIVER This is a petition by Maura Healey, Attorney General for the Commonwealth of Massachusetts("Attorney General"), and the City of Salem seeking enforcement of the State Sanitary Code ("the Code"). Petitioners assert that the property located at 16 Freeman Road, Salem, Massachusetts(the "Property")and owned by Barbara Erps has numerous long-standing Code violations which pose a serious risk to the health, safety and well-being of abutters, illegal trespassers, emergency responders, and residents of the community, thereby justifying the As Trustee for the fooling and Servicing Agreement dated as of April 1,2004 Asset-backed Securities Corporation !-come Equity Loan Trust 2004-M Asset Backed Pass-Through Certificates,Series 2004-HE2 Court's exercise of its statutory authority and general equity power to appoint a receiver for the purpose of making those repairs necessary to protect the public health and safety and that are in the best interests of the Property. JURISDICTION 1. The jurisdiction of this Court is founded upon the general equitable powers of G.L. c. I 11, §1271 and G.L. c. 185C, §3. 2. The petitioner, the Attorney General for the Commonwealth of Massachusetts (`Commonwealth"or"Petitioner"), is a public official under the constitution and laws of the Commonwealth of Massachusetts. 3. The petitioner, the City of Salem, is a municipal corporation under the constitution and laws of the Commonwealth of Massachusetts. 4. The respondent. Barbara Erps is the owner of record of the Property. Barbara laps has a last know mailing address at 16 Freeman Road, Salem, Massachusetts. Secs Exhibit 1.Affidavit of Monica L. Passeno("Passeno Aff.")at 11 3-6. 5. The respondent, the Wells Fargo Bank, N.A.` ("Wells Fargo") is a National Batik holding a mortgage covered by the Property. Pursuant to G.L. c. 223A, § 3(e), this Court may exercise personal jurisdiction over Wells Fargo because the Wells Fargo has an interest in real property within the Commonwealth. Wells Fargo has a principal office at 101 North Phillips Avenue, Sioux Falls, SD 57104. Wells Fargo does not maintain a resident agent for service of process within the Commonwealth; therefore, Wells Fargo is deemed to have appointed the Secretary of the Commonwealth as its agent for service of'process pursuant to G.L. c. 156D, § 15.10(b). See Passeno Aff. at In 7-12, 24. As Trustee for the Pooling and Servicing Agreement dated as of April I,2004 Asset-backed Securities Corporation Flotne Equity Loan Trust 2004-HF2 Asset Backed Pass-'Through Certificates,Series 2004-HE2 2 6. The respondent, Trinity EMS, Inc.is a domestic corporation holding an execution against the Property. Trinity EMS, Inc. has a principal office at 1221 Westford Street, Lowell, MA 01853. Pursuant to G.L. c. 223A, § 3(e), this Court may exercise personal jurisdiction over Wells Fargo because the Wells Fargo has an interest in real property within the Commonwealth. See Passeno Aff. at 9,1 19-21. 7. The respondent, Commonwealth of Massachusetts, MassHealth ("Massl-Icalth"), holds a lien against the Property. Pursuant to G.L. c. 223A, § 3(e),this Court may exercise personal jurisdiction over Mass]lealth because Massilealth has an interest in real property within the mmonwealth. .5ee Passeno Aff. at U 23. FACTUAL ALLEGATIONS The Property is a single-family residential dwelling. In its present condition. the Property is unfit for human habitation and endangers or materially impairs the health, safety, and well- being of occupants, neighbors,and/or the public. .Vee 105 CMR see Exhibit 2, ulation oft' s ,tv is tui a -` in th interior of the Property in violation of 105 CMR 410.602. See Exhibit 3, Affidavit of .. 3 d '- b �'' S t TIV-F=garage at Inc czt contains o enin s whic allow access to racoons and rodents. Greenbaum Aff. at�,¶4( 1 1. The Property's roof is in disrepair with apparent roof leaks. See Pierre Aff. at T 5(c). 12. The Ilar en wa has rotted and calla a See 13. The Property's rear stairs have collapsed. See Greenbaum Aff. at TJ 4(c), 5, 6; Pierre Aff. at 1' 5(e). 14. The Property's front steps were repaired poorly and without permits. See Pierre Aff. at!i 5(f). 15. The Property's windows are open leaving the Property unsecure, open to the elements, and open to rodents and racoons. See Greenbaum Aff. at 1'l 4(b), 5, 6; Pierre Aff. at 14(a). 16. The Property has structural concerns which will need to be addressed by an engineer.,See Pierrc Aff. at¶ 5(g). 17. The Property's present condition creates a significant risk of harm to the public's health and safety, including without limitation the Property's neighbors, trespassers and any unauthorized occupants who may use the Property for shelter or to engage in any illegal activities, and to emergency personnel who may be called to respond to any call to service at this Property. As such, it constitutes a public nuisance which, left unabated,justifies civil enforcement at common law, in addition to remedies otherwise provided by statute. 18. On August 1, 2019, the Office of the Attorney General issued certified letters to respondent Barbara Erps describing the conditions present at the Property and the Commonwealth's intent to file a receivership case should the responsible parties fail to bring the Property back into compliance with the Code.See Passeno Aff. at 11 5-6. 19. On August 1, 2019, the Office of the Attorney General issued certified letters to Wells Fargo describing the conditions present at the Property and the Commonwealth's intent to file a reeeivcmhlp case should the responsible parties tail to bring. the Property back into compliance with the Code. Wells Fargo responded, but did not make all required repairs at the Property. See Passeno Aff. at IT; ;10-21; see Greenbaum Aff. at 'd¶4-7. 4 20. On August I, 2019, the Office of the Attorney General issued certified Ietters to 'I riruty 1?MS. Inc. descrihing the conditions present at the Property and the C'ornmcn wealth's intent to file a receivership case should the resix)nsible parties Lail to bring the Property back into compliance with the Code. Trinity 1,NIS. Inc. has not responded to this letter. See Passeno Aff. at T 20-22. RELIEF REQUESTED «WHEREFORE, the Attorney General respectfully requests this court to: l. Schedule a hearing tar the appointment of a receiver for the Property; 3. Approve a plan for the maintenance and repairs of the Property by the appointed receiver; Order the Property secured, repaired and brought into conformity with the State arutary Code and other applicable codes and ordinances, by the receiver and pursuant to the plan approved by the Court; Grant such additional relief as the court deems just and proper. [rest of page intentionally left blank] 5 Respectfully submitted, MAURA HEALEY CITY OF SALEM ATTORNEY GENERAL By her Attorncy By its Attorney of Record Monica Passeno,BBO# 688402 Victoria B. Caldwell, BBO #549948 Assistant Attorney General City of Salem Legal Department One Ashburton Place 93 Washington Street Boston, MA 02108 Salem, MA 01970 (774)214-4410 (978) 619-5634 monica.passeno@;mass.gov vcaldwcll@salem.com Dated: November , 2019. 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. BARBARA ERPS as owner of the property at 16 Freeman Road, Salem, Massachusetts; WELLS FARGO BANK, N.A.1 as holder of a mortgage covering the property at 16 Freeman Road, Salem, Massachusetts; and TRINITY EMS, INC. as holder of an execution against the property at 16 Freeman Road, Salem, Massachusetts; COMMON'WEALH OF MASSACHUSETTS, MASSHF.ALTH,as holder of a lien against the property at 16 Freeman Road, Salem, Massachusetts Respondents. PETITIONERS' MEMORANDUM IN SUPPORT OF PETITION TO ENFORCE THE STATE SANITARY CODE AND FOR APPOINTMENT OF A RECEIVER 1. INTRODUCTION The petition filed herewith by Maura Healey, Attorney General for the Commonwealth of Massachusetts and the City of Salem seeks the enforcement of the State Sanitary Code(the "Code") and the appointment of a receiver for the property located at 16 Freeman Road, Salem, Massachusetts(the"Property"). The Petitioner asserts that the Property has numerous long- ' As Trustee for the Pooling and Servicing Agreement dated as of April 1,2004 Asset-backed Securities Corporation Home Equity Loan Trust 2004-HE2 Asset Backed Pass-Through Certificates,Series 2004-HtE2 i standing Code violations which pose a serious risk to the health, safety and well-being of abutters,trespassers, emergency responders and residents of the community. For the reasons stated below, this Court should exercise its statutory authority and general equity power to appoint a receiver for the purpose of bringing the Property back into full compliance with the Code. 11. RELEVANT FACTUAL BACKGROUND The Property is a single-family residential dwelling. Petition to Enforce the State Sanitary Code and for Appointment of a Receiver("Petition"), 18. In its present condition, the Property is unfit for human habitation and has the potential to endanger or materially impair the health, safety.and well-being of the general public. Id. !' 8. As such,the Property constitutes a public nuisance which justifies civil enforcement at common law, in addition to remedies otherwise provided by statute. Id. 117. The Property contains an extensive accumulation of trash, rubbish, and debris. Id. T 9. The Property's garage has many openings which allow for rodents and racoons. Id ¶ 10. The Property's windows are open,and the roof and other structural elements are in disrepair. Id 11 11- 12,15. The owner of record of the Property is Barbara Erps. Id T;4. Wells Fargo Bank, N.A.? holds a mortgage covering the Property. Id 1; 5. "Trinity EMS holds an execution against the Property. Id 15. MassHealth holds a lien against the Property. Id d 5. The respondents have not taken responsibility for the Property, leaving the Property in a state which continues to pose a hazard to the public health and safety. Id T¶ 18-19. As Trustee for the Pooling and Servicing Agreement dated as of April 1,2004 Asset-backed Securities Corporation Home Equity Loan Trust 2004-HE2 Asset Backed Pass-Through Certificates,Series 2004-HF2 2 is vacant. See Rochalska, 72 Mass. App. Ct. at 246 ("We conclude that G. L. c. 111, § 1271, is applicable both to vacant and occupied buildings.") Here, the Petitioners seek the appointment of a receiver, because that remedy is in the best interest of the Property and the public. The conditions described in the Petition and its supporting affidavits have existed at the Property for several years, and all of the parties in interest to the Property have failed to bring it into compliance with the Code. The violations are severe, persistent,and will not be remedied unless a receiver is appointed to "promptly repair the property and maintain it in a safe and healthful condition." See G.L. c. I 11. § 1271. Merely boarding, securing, and cleaning the property does not comply with the requirements of the Code, nor does it address the continuing risks to public health and safety posed by an abandoned and derelict property. The statute which provides for the adoption of the Code is clear that said [Code] may provide for the demolition, removal, repair or cleaning by local boards of health ... of any structure which so fails to comply with the standards of fitness for human habitation or other regulations in said [Code],as to endanger or materially impair the health or well-being ojthe public. [emphasis supplied] G.L. c. 111, § 127A. IJnless a receiver is appointed, the Property will inevitably sit idle in its current state of disrepair, and remain a threat to public health and safety. IV. CONCLUSION Based upon the foregoing, the Court should invoke its general equitable powers under G.L. c. 111, § 1271 and G.L. c. 185C, § 3 as it is in the best interests of the property and the public's health and safety to appoint a receiver for the Property to bring it back into full compliance with the Code. Otherwise, it will continue to deteriorate, serve as a magnet for 4 immediate danger to the health, sat'etv and well-tieing of the abutters and general public. Respectfully submitted, MAURA HEALEY CITY OF SALEM ATTORNEY GENERAL. By her Attorney By its Attorney of Record Monica Passeno, BBO # 688402 Victoria B. Caldwell, BBO#549848 Assistant Attorney General City of Salem legal Department One Ashburton Place 93 Washington Street Boston, MA 02108 Salem, MA 01970 (774) 214-4410 (978)619-5634 mortica. seno'ei-state.nia.us Dated: September , 2019. 5 EXHIBIT 1 COMMONWEALTH OF MASSACHUSETTS SSEX,ss: HOUSING COURT DEPARTMENT NORTHEAST DIVISION Civil Action No. ATTORNEY GENERAL for the COMMONWEALTH OF MASSAC14USETTS and the CITY OF SALEM, Petitioners, V. BARBARA ERPS as owner of the property at 16 Freeman Road, Salem, Massachusetts; WELLS FARGO BANK, N.A.' as holder of a mortgage covering the property at 16 Freeman Road, Salem, Massachusetts;and TRRN'ITY EMS, INC. as holder of an execution against the property at 16 Freeman Road, Salem, Massachusetts; COMMONWEALH OF MASSACHUSETTS, MASSHEALTH,as holder of a lien against the property at 16 Freeman Road, Salem, Massachusetts Respondents. AFFIIDAVIT OF MONICA L. PASSENO MONICA L. PASSENO for her affidavit under oath states: l. 1 am an Assistant Attorney General for the Commonwealth of Massachusetts and have been assigned by the Atiomey General to represent the Commonwealth in this matter. As such, I am fully familiar with the facts that are recited in this affidavit. 2. On or about June 4,2019 I caused the Attorney General's Abandoned Housing Initiative Title Paralegal to compile a report based on a review of the Southern Essex ' As Trustee for the Pooling and Servicing Agreement dated as of April 1.2004 Asset-backed Securities Corporation Home Equity Loan Trust 2004-ttE•2 Asset Backed Pass-Through Certificates,Series 2004-HE2 1 Registry of Deeds. JIB report identified the most recent owner of record for the property located at 16 Freeman Road, Salem, Massachusetts(the"Property"). 3. This search revealed that on April 21, 1982 the Property was conveyed from Joseph P. Rogalski and Gertrude A. Rogalski to Glenn M. Erps and Barbara J. Erps. This deed %%w recorded on January 24, 1983 at Book 7038, Page 92. 4. This search also revealed that on December 30, 2003 the Property was conveyed, via quitclaim deed, from Glenn M. Erps and Barbara J. Erps to Barbara J. Erps individually. This deed was recorded on January 23, 2004 at Book 22318, Page 234. 5. On or about August 1, 2019 the Office of the Attorney General ("AG's Office") sent letters; via first-class and certified mail to Barbara J. Erps describing the Property's condition and the Attorney General's intent to seek receivership. See Exhibit A (copy of August 1, 2019 letter). 6. The AG's Office sent these letters to Barbara J. Lips at 16 Freeman Read, Salem, Massachusetts because this was the only address found in the AG's Title Paralegal's search. The certified letter was returned unclaimed; however, the first-class letter was not returned. 7. The AG's Title Paralegal's search also revealed that on or about December 26, 2003 Barbara J. Frps and Glenn Erps granted a mortgage covering the Property to Arneripath Mortgage Corporation ("Ameripath"). This mortgage was recorded on January 23. 2004 at Book 22318, Page 237. 8. This search also revealed that on or about January 1, 2004 Ameripath assigned its mortgage to New Century Mortgage Corporation("New Century"). This assignment was recorded on July 25,2005 at Book 24602, Page 259 2 9. This search also revealed that on or about June 4. 2013 New Century assigned this mortgage to Wells Fargo Bank, N.A. as Trustee for the Pooling and Servicing Agreement Dated as of April 1, 2004 Asset-backed Securities Corporation Home Equity Loan Trust 2004-HF-2 Asset Back Pass-Through Certificates, Series 2004-HE2 ("Wells Fargo"). This assignment was recorded on Junc 11, 2013 at Book 32550, Page 249. 10. On or about August 1, 2019 the AG's Office sent letters, via first-class and certified mail to Wells Fargo describing the Property's condition and the Attorney General's intent to seek receivership. See Exhibit A (copy of August 1, 2019 letter). IL The AG's Office sent these letters to Wells Fargo at 101 North Phillips Avenue, Sioux Falls, SD 57104 because that is the address the AG's Office has used in the past the communicated with Wells Fargo. 12. The AG's Office also sent these letters to Ocwen Loan Servicing as servicer for Wells Fargo at 1661 Worthington Road; Suite 100, West Palm Beach, YL 33409. "l3tis letter was also sent to Corporation Service Company as registered agent for Ocwen Loan Servicing at 84 State Street, Boston, MA 02109. 13. The AG's Office received signed return receipts for the letters sent to Wells Fargo at its principal office and the letters sent to Ocwen Loan Servicing See Exhibit B (copy of return receipts). 14. On or about August 28, 2019 the AG's Office received a communication from Attorney Krystle Tadesse representing Wells Fargo. On September 4, 2019, after discussing the matter with Attorney Tadesse, the AG's Office sent copies of the City of Salem's violations report and requested that clean up occur immediately. Attorney'fadesse responded 3 and informed the AG's Office that she would let me know when she had an update from her client. 15. On or about September 12, 2019 Attorney Tadesse informed me that Wells Fargo was cleaning up the exterior of the Property and tarping the roof. 16. On or about September 16, 20191 received an email from the City of Salem informing me that they conducted an inspection at the Property and did not see any change in the condition at the Properly. 17. On or about September 17, 2019 I received an email from the City of Salem with a copy of the Building Department's letter regarding the conditions at the Property. 18. On or about September 19, 20191 emailed Attorney Tadesse a copy of this letter and informed her that the City inspected the Property and did not see any change in the condition at the Property. 19. On or about September 23, 2019, I received an email from Attorney "I'adesse with pictures showing exterior debris removal that occurred at the Property. Additionally, Attorney Tadesse informed me that a tarp was placed over the roof and bids for roof repairs were under review. I forwarded these pictures to the City for review. 20. On or about October 15. 2019. 1 reached out to Attorney Tadesse to inquire about her client's plans to renrediate the structural concerns, including, the bulkhead, at the Property. Attorney Tadesse responded with questions about the areas allowing rodents to enter and informing me that she would reach out to her client about the bulkhead. 21. On or about October 23, 2019, 1 responded with additional information about the concerns with the garage and rodent access and requested an update on the bulkhead repairs. 4 "Oil `l'rinity LNIS, Inc. ("'trinity") recorded wt execution against the Propetty. "phis execution is . „ -class and ertilted mail to Trinity describing the Property's condition and the Attorney General's intent ' e Exhibit A (copy of August 1, 2019 letter). e ; s__ ffic:e sctt_t.thes-• letter t4 T City at 1221 Westford Street. Lowell. MA 1mmutry of the Commonwealth's Corporate a signed return receipt for the letter sent Trinity Trinity s letter. Secs Exhibit C (copy of return receipt). On or about September 19. 2019 1 conducted a search in the South Essex Registry f Ueeds to determine ifthere were any changes in title since the AG's 7'itle Paralegal's on or about July 3, 20I9 MassHealth recorded a lien rded at Book 37644, Page 539. 7 n or about September 20. 20I9 1 conducted a search in the Secretary of the eta and found that Wells Fargo, did not maintain a roe ss within the Commonwealth. 28. As of today's date, 1 have received no further communication from any party with an interest in the Property. igned under pains and penalties of perjury this day of November, 2019. Monica L. Passeno t Assistant Attorney General EXHIBIT 2 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. BARBARA ERPS as owner of the property at 16 Freeman Road, Salem, Massachusetts; W13-ILLS FARGO BANK, N.A.t as holder of a mortgage covering the property at 16 Freeman Road, Salem, Massachusetts; and TRINITY EMS, INC. as holder of an execution against the property at 16 Freeman Road, Salem,Massachusetts; COMMONWEALI I OF MASSACHIJSETTS, MASSHEALTH, as holder of a lien against the properly at 16 Freeman Road, Salem, Massachusetts Respondents. AFFIDAVIT OF THOMAS ST. PIERRE THOMAS ST. PIERRE for his affidavit under oath states: 1. I am currently employed as the Inspectional Services Director for the City of Salem. I have held this position since 2002. 2. In this position, 1 am an authorized agent of the City of Salem's Building Department for the purpose of investigating and inspecting any ordinances, rules, and regulations under ' As Trustee for the Pooling and Servicing Agreement dated as of April 1,2004 Asset-backed Securities Corporation Home Equity Loan Trust 2004-HE2 Asset Backed Pass-77trough Certificates, Series 2004-IIU I the Massachusetts State Building Code, and the regulations promulgated thereunder, 780 CMR 100.00 — 124.00(hereinafter"the Code'). 3. Through my position as Inspectional Services Director for the City of Salem, I am familiar with the conditions at the property located at 16 Freeman Road, Salem, Massachusetts (the "Property"), which is the subject of the receivership petition by the Attorney General and the City of Salem in the captioned matter, as set forth in this affidavit. The Property is a single-family residential dwelling. On or about November 8, 2019, 1 conducted wellness check at the Property with representatives from the Salem Fire Department and found the following conditions: a. The Property was unsecure; b. The interior of the Property contained an excessive amount of trash, rubbish, and debris; c. The roof was in disrepair with leaks; d. The roof over the cellar entryway was in disrepair; e. The cellar stairs were collapsed; f. The repairs done to the front stairs were done without permits and were done poorly; g. The Property had structural concerns with evidence of structural issues on the right side of the structure. 6. As a result of this inspection I issued a letter to Wells Fargo Bank, N.A c/o Ocwen Loan Servicing. See Exhibit A (copy of the September 12, 2019 Violations Letter). 7. As a result of this inspection, the Salem Building Department caused the Property to be secured. 2 19 9. The City of Salem continued to monitor the Property and saw that some of the issues cited were addressed, however many of the structural concerns remained outstanding and no permits were sought to address this work. 9. 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 /Vday of . 2019. Thomas St. Pierre, Inspectional Services Director City of Salem EXHIBIT A ,s. CITY OF SALEM, MASSACHLTSETrS 1 � BtjnmNG DF.PARTMF_N'T 120 WASI ItNG 1-ON STRFRT,31"F[.00R n1_ (978)745-9595 FAX(978;740-9846 1`1MBERLFY DItIS(:c)1_J. Ttrclms ST.PII:RRr. DtR>~t=1UR OF PUBLIC PROPFAW/nt►ILDING CO September 12,2019 Wells Fargo flank NA GO Ocwen Loan Servicing 84 State Street Boston Ma.02109 Re : 16 Freeman Road -Salem Ma. Dear Sirs, The property above was unsecured and a well being check was done by Salem police and fire several months ago.Nobody was found inside the home, but severe hoarding and roof leaks have resulted in the home being uninhabitable. Additionally.the roof over the rear cellar entryway has rotted and collapsed as well as the rear stairs .My office secured the property and a lien has been recorded t6o cover those costs The front steps have been repaired poorly and without a permit.The structure also has an issue structurally on the right hand side of the home(looking from the street)and will need an Engineer to assess and design repairs. You are directed to contact this office upon receipt of this notice to arrange for a complete inspection and t discuss your plans to correct the Building code violations. Failure to addm-ss these items will result in Municipal code tickets and further enforcement actions. you have any questions, please contact me directly. Thomas St.Pierre COMMON-WEALTH 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. BARBARA ERPS as owner of the property at 16 Freeman Road, Salem, Massachusetts; WELLS FARGO BANK, N.A.t as holder of a mortgage covering the property at 16 Freeman Road, Salem, Massachusetts; and TRINITY EMS, INC, as holder of an execution against the property at 16 Freeman Road, Salem, Massachusetts; COMMONWEALH OF MASSACHUSETTS, MASSHEALTH, as holder of a lien against the property at 16 Freeman Road, Salem, Massachusetts Respondents. AFFIDAVIT OF DAVID GREENBAUM DAVID GRELNBAUNI for his affidavit under oath states: 1. 1 have been cmploycd as the health agent for the Cite of Salem since January 30. 2019. In this capacity, I ant authorized and mandated to have properties inspected and enforce ordinances,rules, and regulations required under the Massachusetts State Sanitary Code, and thereunder, 105 CN1R 400.00 -- 410.00 (the "Code-), underlying the conditions at the residential property located at 16 Freeman Road, Salem, Massachusetts (the "Property-). which is the subject of the ' As nos.,ve for the Nx)Iing and Scnicink Agreement da:td as of April I,2004 As%ct-hackcd Securities Cl)rporariart EXHIBIT 3 receivership 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 single-family residential dwelling. The City has been involved with the Property since at least May 8, 2019, when the City cited the owner for storage of rubbish and garbage. See Exhibit A(copy of the May 8,2019 Trash Violations Letter). 4. On or about May 15, 2019 the Board of Health issued two violations reports as a result of the May 8,2019 inspection citing the following violations: a. The Property's garage was in disrepair with many openings accessible to racoons and rodents; b. Windows of the dwelling at the Property were open leaving the dwelling unsecure, open to the elements, and open to rodents; c. The structure at the rear of the dwelling on the Property was in severe disrepair; and d. The Property contained an excessive accumulation of trash,rubbish and debris.See Exhibit B (copy of the May 15, 2019 Violations Reports). 5. The City has continued to monitor the Property and found that little to no progress was made in remediating the Code violations present at the Property. 6. On or about September 16,2019 I conducted a reinspection at the Property and found that the conditions remained unchanged from my inspection in May. 7. On or about September 23, 2019, I received an email with information about debris removal. I inspected the Property and found that this removal bad occurred, but that serious structural concerns remained at the Property. 8. Unless action is taken immediately,the conditions will continue unabated, and the public will continue to face risks to its safety. 2 9. Attached as Exhibit C are miscellaneous photographs of the Property accurately representing its condition on November 13, 2019,the date of my last visit. Signed under pains and penalties of perjury this 1c day of OM . 2019. David Gr nbau 6, ealth Agent City of Salem 3 EXHIBIT B 5 EXHIBIT A 4