ANDOVER — Nearly two years ago, police showed up at Susan Odle's condominium on Michael Way for a well-being check. Newspapers had been piling up in front of her condo and neighbors were concerned.
When she didn't answer the door, the Fire Department was called to help gain entry. Finally, Odle answered the door, according to Andover Health Director Tom Carbone.
Police said the condo was cluttered and trash blocked access, affecting the health, safety and the well-being of all occupants of the building, according to a letter sent by the Board of Health to Odle on Sept. 2, 2008.
"They saw enough and were worried about access," Carbone told The Eagle-Tribune yesterday. "There was a lot of materials and junk."
Based on what police and neighbors have reported, Carbone said it is believed Odle is a hoarder and efforts have been made to work with her to remedy five state sanitary code violations found in her condo, Carbone said.
Requests for inspections of Odle's condo by both the condo association and the town have been denied, he said.
Last night during the selectmen's meeting, the Board of Health requested to use the services of town counsel Tom Urbelis to file a court order for an inspection and to take whatever action is needed to get Odle's condo into compliance. The Board of Health voted unanimously on Aug. 9 to bring the request before the selectmen.
But selectmen denied the Health Board's request last night because it was the first time they had heard it. Selectman Ted Teichert made a motion to seek the court order, but there was no second to the motion.
Selectman Brian Major said there should be more discussion about the matter and said the board should revisit it. He questioned why the Abbot Pond Owners Association couldn't press the charges or take care of the issue.
In the town's September 2008 letter to Odle, five violations to the state's sanitary code, under minimum standards of "fitness and human habitation" were addressed. The letter ordered Odle to clear all "means of egress" and to have an interior inspection within 24 hours.
The violations include failure to keep access in and out of the condo free from obstruction, failure to maintain areas free from rubbish, and the creation of a public health nuisance. All other violations were to be corrected in seven days, the letter stated. Carbone said a noncompliance letter was sent on December 22, 2008. No action has been taken since then for a number of reasons, including discussions with the condo association, Carbone said.
"We had some dialogue going (with Odle) back in 2008 when this started and she kept putting us off from getting in, and then the dialogue stopped," Carbone told the selectmen last night.
Carbone said his department has received multiple reports from neighbors about the condition inside and outside the condo. He said Odle owns another property on Osgood Street that also is filled with clutter.
Yesterday, outside Odle's condo there was a trash bag on the front stoop, various shoes and cans of nonperishable food and oatmeal. All the windows were covered. She did not answer the door and a phone number was unavailable.
A Lexus RX330 parked out front of her condo was almost filled to the roof with items. There were items strewn across the dashboard and front seat.
The town's September 2008 letter also outlined the public safety and health issues for owners in close proximity. Those issues could put the entire condo complex at risk if there was a fire, the letter said. There are six to eight condos in the building, which is part of a larger complex of similar structures.
"This has the potential to impact everyone in the building," Carbone said.
Urbelis said the condo association bylaws allow trustees to address issues like this if a hazard exists or if the situation affects the value of other condos. "The trustees have not taken on that work," he said.
Abbot Pond condo trustee Richard Feinberg said that bylaw only applies to structural, equipment and maintenance issues and not personal possessions.
"The condo association can't go in because there is an unclean situation," he said. "In terms of going to court we have no grounds to do this."
Urbelis said the condo association has a contractual argument that the town doesn't that would hold up in court.
Selectmen's Chairman Alex Vispoli asked why the town should take legal action and not the condo association, adding it sounds like an internal issue. Major agreed.
"I am confused as to why the town of Andover would take action if the homeowners association that has a direct contract with this individual doesn't believe they have enough evidence to take action?" Major said.
Feinberg pointed to the September 2008 letter and said it is an issue the town needs to address. He said the town ordered that the violations be corrected, but they weren't.
A Board of Health member said they have proposed a joint venture with the condo association and said it was important for the town to support correcting this issue.
Emilie Evans, who is a neighbor of Odle, asked the selectmen why action wasn't taken two years ago when Odle was ordered to comply with the violation.
"I can't understand how a town can write a letter and demand all this and in two years none of this has been done," Evans said.
After the selectmen's lack of action, Evans said she will file a complaint herself.
"We've done our part," Evans said. "I am very frustrated with this."
