Family living on lawn faces Feb. 4 eviction

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Family living on lawn faces Feb. 4 eviction

01:00 AM EST on Tuesday, January 16, 2007

By Alisha A. Pina

Providence Journal - Providence,RI

Journal Staff Writer

http://www.projo.com/news/content/EB_EPROVGAGNONS16_01-16-

07_9M3TTOV.3080897.html

EAST PROVIDENCE — Fungus, which typically is present in the

environment, has invaded much of the Gagnon family's Prescott Avenue

home in a big way.

More than 635,000 mold spores were recently collected in an air

sample from the master bedroom.

The living room also has a " significantly high " spore count of a

type that produces suspected carcinogenic toxins that can damage the

kidneys and liver, according to a report from an environmental

testing company.

But the family of five can't direct its attention to their uninvited

guests.

Again, city Building Official Albert W. Quattrucci is trying to

evict them from their temporary home, a large trailer parked on

their front lawn. He had given them eviction notices late last year

as well. His Jan. 5 letter cites five reasons, including not

allowing him to inspect the house last month, for the notice. It

also says the Gagnon's deadline to leave is Feb. 4.

" My lawyer [Albin Moser] told me [the eviction notice] was revoked, "

Gagnon said yesterday. " I didn't see the paperwork, but it

was faxed to my lawyer Friday from the city solicitor's office. "

When called yesterday, Quattrucci said, " I don't know anyone who has

the right to revoke it [other than himself]. I don't know where

[Gagnon] is getting his information from. "

Quattrucci said he would meet with City Solicitor Conley Jr.

today to further discuss the situation. Conley and City Manager

Brown could not be reached for comment yesterday, a holiday.

" Don't feel bad for him, I don't, " Quattrucci said. " They're in this

situation because of his [Gagnon's] negligence. "

and Gagnon, who have three teenage sons, say the city

and its sewer backups are to blame for their mold problems. A

pending claim they filed two years ago asks the city to clean or

replace their house and belongings. Both sides are waiting for an

environmental agency's report that should evaluate whether the house

can be repaired.

The first sewage backup occurred in March 2005 during a torrential

downpour. Gagnon said one of the city's nearby sewer mains blocked

up. Effluent sprayed up and out of the basement toilet, shower and

sink drains. He said there was 4 1/2 feet of sewage, which clogged

the boiler and ruined everything that was stored in the basement. It

took four days to pump it all out.

" The city acknowledged responsibility and had a company come and

clean it, " Gagnon said. " They did a very bad job. "

After the family paid for a second cleaning, it asked the city for

$52,000 " for content loss and cleaning expenses. " Five months later,

in August, there was another backup. The Gagnons say five feet of

sewage filled their lower level this time.

The Gagnons moved out — the oldest son went to live with his

grandparents and the others moved into a motel. They also filed a

second claim for more than $260,000. After the city paid the first

claim, the Gagnons had another backup in June 2006.

Quattrucci got involved a few months later. He granted Gagnon a

permit to park a trailer on his front lawn because " they needed a

temporary place while they fixed their home from a sewer backup, "

Quattrucci said.

The building official said the Gagnons chose to turn off their heat

and seal up their house after the city came and cleaned it. Those

factors caused the mold to grow, he said.

" He [Gagnon] installed a shower in his basement without a permit, "

he continued. " He shut his heat off. He didn't put in the sewer

backup valve I told him about. ... Of course, he's got mold. That's

what happens with his negligence. He's a piece of work. "

Moser, Gagnon's lawyer, hired two environmental firms to assess the

house. A draft report from EnviroCheck, Inc., which is based in

Framingham, Conn., says it took samples from the house in November

to discover how much mold was present.

The Dec. 14 report said the house had elevated levels of humidity

and " abnormal total airborne fungal spore conditions " in several

rooms. The firm said, typically, indoor concentrations should

be " lower or similar as compared to " concentrations outside of the

house.

The Gagnons house, though, had 2,982 times more of a particular

fungus in its master bedroom than levels of that fungus outside of

the house. Besides the mold, the firm discovered coliform bacteria

in the Gagnons basement. Coliform bacteria are remnants typically

found " following a raw sewage backup. "

The report also says, however, that elevated moisture levels cause

mold to grow as well as " unfavorable air quality. " In its

recommendation, the firm also says dehumidifiers should be used

after a home is cleaned to reduce the moisture.

" Gagnon made his home worse, " Quattrucci said, " Now he wants

to make me look like the bad guy. He's making me look like a fool.

I'm doing my job. "

The building official said the Gagnon put an illegal addition on the

trailer and failed to get the proper permit to have a propane tank.

In addition, the family parked the trailer on top of the sewer line

they would need to put the backup valve in to prevent additional

backups.

" He had no intention of doing the work that he told me he would do

in September, " Quattrucci said. " It's now January. "

Quattrucci said the family failed to cooperate and " called a lawyer "

every time he showed up to discuss the matter.

" I gave them a chance, " he said. " And I still would give him a

chance if he got the work started, but he hasn't. After Feb. 5, it's

up to the city solicitor [to prosecute]. I'm not going back over

there. "

Moser said Quattrucci is the uncooperative one. He has brought the

police with him during each visit and threatened to call the state

Department of Children, Youth and Families about the Gagnons.

" We still continue to receive threats, more than threats, from the

building official while East Providence residents have been

supportive, " Moser said. " He's hostile to my client's issues. "

When the second report from a different firm is in, Moser plans to

send it and EnviroCheck's report to city officials for their review.

He said they can also view and inspect the house prior to cleanup.

Moser is hoping the new City Council and Brown will take a fresh

look at the Gagnon's situation before making a decision.

In the meantime, Gagnon said, " I guess we're okay … if you can call

living in a trailer okay. We're hanging in there, but it's certainly

not the best of times. "