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129 Complaints & Orders to Correct & Condemnation BOARD OF HEALTH MEMBERS JAY FLEITMAN, MD.,ACTING CHAIR SUZANNE SMITH,M.D. DONNA C.SALLOOM XANTH I SCRIMGEOUR,MHEd,CHES, DIRECTOR OF PUBLIC HEALTH (413)587-1214 FAX(413)587-1221 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 ORDER TO CORRECT VIOLATIONS OF CHAPTER V OF THE STATE SANITARY CODE "MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 129 PLEASANT STREET, NORTHAMPTON MA 01060 This is an important legal document. It may affect your rights. You may obtain a translation of this form at: 2I2Main Street, Northampton Ma. Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: 212 Main Street, Northampton Ma Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main Street, Northampton Ma questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pug ottenere una traduzione di questo modulo a: 212 Main Street, Northampton Ma Este es un documento legal importante Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: 212 Main Street, Northampton Ma To jest wazne legalny dokument. To rnoze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212 Main Street, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 212 Main Street Northampton, MA 01060 Tel a: (413) 587 — 1214 September 8, 2009 William Mcloughlin PO Box 580 Williamsburg MA 01096 Re: 129 Pleasant Street In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. An Inspection was conducted by Aimee Petrosky at 129 Pleasant Street Northampton Ma, a property owned by you, on September 8, 2009. The Following Violations were noted: Code Number Violation Date of Correction Comments 410.550 Cockroach Infestation September 11, 2009 Please remove all garbage and have unit and all abutting units professionally exterminated. The Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000. State Sanitary Code Chapter II: Minimum Standards for Human Habitation. You are hereby ordered to make a good faith effort to comply with the formal order issued to you above within the time frame listed. Failure to do so could result in legal action taken against you to pursue compliance with this order. A re-inspection will take place on or around September 18, 2009. If you would like to be present please contact the Health Department to schedule a time. Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000-shall upon conviction be fined not less than $10 or more than $500. Each day's failure to comply shall constitute separate violations. Please be advised that if you are aggrieved with this order you have the right to request a hearing. You must submit a written petition requesting a hearing within seven (7) days from the day the order was served Sincerely, This inspection report is signed and certified under the pains and penalties of perjury Aimee Petrosky Health Inspector 212 Main St Northampton Ma, 01060 413-587-1214 CC : Eric Lapoint BOARD OF HEALTH MEMBERS JAY FLF,ITMAN,M D.Chair SUZANNE SMITH,MD. DONNA C.SALLOOM STAFF Xantli M.Scnmgeoor,MHED.,CHES Director of Public Health Patncia Abbott,R.N.,Public Health Nurse Aimee Petrosky,Health Inspector Madeline Heon,Clerk ctober 26, 2009 ) whom it may concern, CITY OF NORTHAMPTON MASSACHUSETTS oio6o OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1215 FAX(413)587-1221 There was an inspection completed at 129 King Street Apt 2C in Northampton on October 16, 09 by Aimee Petrosky. This inspection was to check for compliance with CHAPTER V OF THE 'ATE SANITARY CODE"MINIMUM STANDARDS FOR HUMAN HABITATION. Upon inspection :re were no outstanding violations. Please feel free to contact me with any questions. ncerely, 'is inspection report is signed and certified under the pains and penalties ojperjury mee Petrosky alth Inspector 2 Main St )rthampton Ma, 01060 3-587-1214 BOARD OF HEALTH MEMBERS AY FLEITMAN,M.D.,ACTING CHAIR SUZANNE SMITH,M.D. DONNA C.SALLOOM ANTHI SCRIMGEOUR,MHEd,CHES, DIRECTOR OF PUBLIC HEALTH (413)587-1214 FAX(413)587-1221 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 ORDER TO CORRECT VIOLATIONS OF CHAPTER V OF THE STATE SANITARY CODE "MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 101 FERRY ROAD, NORTHAMPTON MA This is an important legal document. It may effect your rights. You may obtain a translation of this form at: 212EIm St, Northampton Ma. Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradcao deste documento de: 212 Elm St, Northampton Ma Le suivante est un important document legal. 11 pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme 5: 212 Elm St, Northampton Ma Questo e un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Elm St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: 212 Elm St, Northampton Ma To jest wazne legalny document. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofsie: 212 Elm St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel x: (413) 587 - 1214 November 3, 2009 William Mcloughlin PO Box 580 Williamsburg MA 01096 Re: 129 Pleasant Street In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter 11: Minimum Standards for Human Habitation. An Inspection was conducted at 247 South Street Northampton Ma, a property owned/managed by you, by Aimee Petrosky on October 21, 2009. The Following Violations were noted: Code Number Violation Date of Correction Comments 410.480 Front door is not securable 11/20/2009 410.601 Garbage not collected frequently enough 11/20/2009 410.480 Fire escape door is not securable 11/20/2009 410.483 Exit Sign points to bedroom 11/20/2009 Please replace sign with one that points in the right direction. 410.553 Windows missing screens. 11/20/2009 410.150(B) Not sufficient shower heads per bathroom. 11/20/2009 410.100 Kitchen Cabinets need to be repaired to be safe for food storage 11/20/2009 410.251 Kitchen has less than required amount of natural lighting. 11/20/2009 410.351 Cracked tiles in lower lever shower. 11/20/2009 The Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. You are hereby ordered to make a good faith effort to comply with the formal order issued to you above within the time frame listed. Failure to do so could result in legal action taken against you to pursue compliance with this order. A re-inspection will take place on or around November 20, 2009. If you would like to be present please contact the Health Department to schedule a time. Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000-shall upon conviction be fined not less than $10 or more than $500. Each days failure to comply shall constitute separate violations. Please be advised that if you are aggrieved with this order you have the right to request a hearing. You must submit a written petition requesting a hearing within seven (7)days from the day the order was served Sincerely, This inspection report is signed and certified under the pains and penalties of perjury Aimee Petrosky Health Inspector 212 Main St Northampton Ma, 01060 413-587-1214 BOARD OF HEALTH MEMBERS /FLEITMAN,M.D.,ACTING CHAIR SUZANNE SMITH,M.D. DONNA G SALLOOM tlTHI SCRIMGEOUR,MHEQ CHES, DIRECTOR OF PUBLIC HEALTH (413)567-1214 FAX(413)567-1221 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 ORDER TO CORRECT VIOLATIONS OF CHAPTER V OF THE STATE SANITARY CODE "MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 129 PLEASANT STREET, NORTHAMPTON MA This is an important legal document. It may effect your rights. You may obtain a translation of this form at: 212Elm St, Northampton Ma. Isto a um document° legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: 212 Elm St, Northampton Ma Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: 212 Elm St, Northampton Ma Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Elm St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir nna tradccidn de esta forma en: 212 Elm St, Northampton Ma To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlmnaczenie teo dokumentu w oflsie: 212 Elm St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel u: (413) 587 - 1214 November 18, 2009 BOWDITCH LLC D/B/A NORTHAMPTON LODGING PO Box 580 Williamsburg MA 01096 Re'. 129 Pleasant Street In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. An Inspection was conducted at 129 Pleasant Street Northampton Ma, a property owned/managed by you, by Aimee Petrosky on October 21, 2009. The Following Violations were noted. Code Number Violation Date of Correction Comments 410.480 Front door is not securable 11/30/2009 410.601 Garbage not collected frequently enough 11/30/2009 410.480 Fire escape door is not securable 11/30/2009 410.483 • Exit Sign points to bedroom 11/30/2009 Please replace sign with one that points in the right direction. 410.553 Windows missing screens. 11/30/2009 410.150 (B) Not sufficient shower heads per bathroom. 11/30/2009 410.100 Kitchen Cabinets need to be repaired to be safe for food storage 11/30/2009 410.251 Kitchen has less than required amount of natural lighting. 11/30/2009 410.351 Cracked tiles in lower lever shower. 11/30/2009 The Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. You are hereby ordered to make a good faith effort to comply with the formal order issued to you above within the time frame listed. Failure to do so could result in legal action taken against you to pursue compliance with this order. A re-inspection will take place on or around December 7, 2009. If you would like to be present please contact the Health Department to schedule a time. Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000-shall upon conviction be fined not less than $10 or more than $500. Each day's failure to comply shall constitute separate violations. Please be advised that if you are aggrieved with this order you have the right to request a hearing. You must submit a written petition requesting a hearing within seven (7)days from the day the order was served Sincerely, This inspection report is signed and certified under the pains and penalties of perjury Aimee Petrosky Health Inspector 212 Main St Northampton Ma, 01060 413-587-1214 CC.Tim Cziepel 129 Pleasant Street Northampton Ma 01060 BOARD OF HEALTH MEMBERS LLITMAN.M D.ACTING CHAIR SUZANNE SMITH,MD. DONNA C.SALLOOM AIMEE PETPOSKY IG DIRECTOR OF PUBLIC HEALTH (413)587-1214 VAX(413)587-1221 ember 15, 2009 CITY OF NORTHAMPTON MASSACHUSETTS oro6o OFFICE. OF THE BOARD OF HEALTH /DITCH LLC D/B/A Northampton Lodging 3ox 580 amsburg MA 01096 r BODWDITCH LLC, 212 MAIN STREET NORTHAMPTON,MA(2060 This letter is to inform you that your request to have a hearing before the Board has been .duled for December 17, 2009 between 5:30 and 7:30 PM. If you have any further questions or stion please feel free to contact me directly at (413) 587-1217. erely, inspection report is signed and certified under the pains and penalties of perjury ee Petrosky RP Inspector Main St tampion Ma, 01060 -587-1214 SOARD OF IIEALTH MEMBERS Y FLEITMAN,MD.,CHAIR SUZANNE SMITH,M.D. DONNA C.SALT OOM BENJAMIN W000 MPH £CTOR OF PUBLIC HEALTH (413)587-1214 FAX(413)587-1221 ber 22, 2009 CITY OF NORTHAMPTON ITCH LLC D/B/A Northampton Lodging x 580 isburg MA 01096 MASSACHUSETTS mo6o OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 9 Pleasant Street. On December 17, 2009 a hearing was held before the Northampton Board of Health concerning the property at easant Street, Northampton Ma 01060. Present at the meeting were: Jay Fleitman, Suzanne Smith, Donna Rl, Ben Wood, Aimee Petrosky and Charles Kaniecki. Presenting information for the Lodging House was William jghlin and Attorney Peter Irvine. It was agreed by all parties that there would be a joint comprehensive inspection of nmon areas and around the building located at 129 Pleasant Street by Charlie Kaniecki, District Health Officer, and Vood and Aimee Petrosky, Agents of the Northampton Board. This inspection will take place on January 11, 2009 at 4M. ;rely, inspection report is signed and certified under the pains and penalties of perjury ae Petrosky th Inspector Main St hampton Ma, 01060 .587-1214 Charlie Kaniecki iARD OF HEALTH MEMBERS REITMAN.MD_CHAIR JZANNE SMITH.M.D. )ONNA C.SALLOOM ).NIAMIN WOOD MPH :TOR OF PUBLIC HEALTH (43)587—1214 FAR(43)587-1221 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON.MA 0106o t TO CORRECT VIOLATIONS OF CHAPTER V OF THE STATE SANITARY CODE "MI M NIMUM 1ARDS FOR HUMAN HABITATION" AT: 19 PLEASANT STREET, NORTHAMPTON This is an important legal document. It may effect your rights. You may obtain a translation of this form at: 212E1m St, Northampton Ma. adqui uma t adgao deste document den ri 212 Elm St, Northampton Ma dI 0 Podem Le obtenir une t aduct on de document h: 212 Elm St,pourrait Madroits. Vous pouvez ottenere una trad zione legale pmodulo a: 212 Elm St,rNorthampton Ma diritti. Lei pub Este es un document° legal importante. Puede que afecte sus direchos.lid. Puede adquirir una tradccibn de esta forma en: 212 Elm St, Northampton Ma To jest wazne legalny dokument. To maze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212 Elm St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel u: (413) 567 - 1214 ruary 8, 2010 NDITCH LLC DIBIA NORTHAMPTON LODGING Box 580 liamsburg MA 01096 ..asant Street ice with, MASSACHUSETTS GENERAL LAWS,105 CMR 410.000: State Sanitary Code Chapter 11: Standards aged by you, yh Aimee PetroskY, Ben Wood, nd Charles Kan ecki the tDistrict Health Officer on a I, 2010. ving Violations were noted: lumber A) 0 (A) Date of Correction Inadequate translucent glass area. Provide renovation plans to the Board of Health within 30 days of the date of this letter. Upon approval of said plan,the Board of Health will issue a final correction date. In developing plans to correct this violation note he requirements of 410.25711 ht Obstructions "If any light obstructing structure is located less than three feet from the outside of and extends to a level above the lower level of the transparent or translucent glass required by 105 CMR 410.250(A) and 410.251(C), that portion so obstructed shall not be included as contributing to the required minimum total glass area." The initial plans that have been submitted to the Board of Health have been deemed not in compliance ...th 105 CMR 410 by the State Community Sanitation Pr am Inadequate ventilation. 00 Area to prepare foods not sanitary. 150 Washbasins,Toilets, Tubs and Showers do not afford privacy to a person. Provide renovation plans to the Board of Health within 30 days of the date of this letter. Upon approval of said plan, the Board of Health will issue a final correction date. Provide renovation plans to the Board of Health within 15 days of the date of this letter. Upon approval of said plan, the Board of Health will issue a final correction date. Provide renovation plans to the Board of Health within 15 days o the date of this letter. Upon approval of said .Ian,the Board of In accordance with 410.280. Natural any d Mechanical Ventilation mechanical ventilation will suffice. Combined facility (laundry/kitchen) must be discontinued or be modified to meet 410.100. Kitchen Facilities Modifications to the bathrooms on the 2nd and 3fd floors so that more than one person at a time can take a shower in privacy. Protective railing on fire escape does not have required balusters. Property does not have sufficient working emergency lights and si.na.e. There are not proper locks on both the main door and southern entry door. There is no buzzer entry door system. Health will issue a final correction date. Immediately Immediately Immediately 15 days from date of this letter A re-inspection will occur within 7 days of the date of this letter A re-inspection will occur within 7 days of the date of this letter A re-inspection will occur within 7 days of the date of this letter A re-inspection will occur within 7 days of the after the 15 day correction period the Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL 05 CMR 410.000: State Sanitary Chapter I t u by o dered to makea goodf ih effort t coply with the formall order issued to you above ne time frame listed. Failure to do so could result in legal action taken against you to pursue ice with this order. t less Failure to $10 p or more than$500.issued uday's failure to provisions of comply shall 105 onsttute separate vilolations conviction be Please be advised that if you are aggrieved with this order you have the right to request a hearing. You must a written petition requesting a hearing within seven (7)days from the day the order was served spection report is signed and certified under the pains and penalties of perjury Petrosky Inspector ain St rmpton Ma, 01060 37-1214 ID OF HEALTH MEMBERS ITMAN,M.,CHAIR WINE SMITH,M.D. INA C SALLOOM AMIN WOOD MPH )R OF PUBLIC HEALTH 413)587-1214 X(413)587-1221 CITY OF NORTHAMPTON MASSACHUSEI IJ 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 12106o FO CORRECT VIOLATIONS OF CHAPTER V OF THE STATE SANITARY CODE "MINIMUM RDS FOR HUMAN HABITATION" AT: 129 PLEASANT STREET, NORTHAMPTON MA This is an important legal document. It may effect your rights. You may obtain a translation of this form at: 212EIm St, Northampton Ma. Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: 212 Elm St, Northampton Ma Le suivante est un important document legal. 11 pourrait alfecter vos droits. Vous pouvez obtenir tine traduction de cette forme a: 212 Elm St, Northampton Ma questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Elm St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: 212 Elm St, Northampton Ma To jest wazne legalny dokument. To moze nliec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w aisle: 212 Elm St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel x: (413) 587 - 1214 try 19, 2010 )ITCH LLC D/BIA NORTHAMPTON LODGING ox 580 Imsburg MA 01096 asant Street ce with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter 11: snedl managed for by Human Habitation.Aimee tr sky,Inspection en Wood, and Charrles Kan iecki thetDistrict Heath Officer on a rnedl managed by you, by Aimee Petrosky, 2010. ing Violations were noted Number q 10 (A) 100 Violation Date of Correction Inadequate translucent glass Provide a renovation vad of area. Health within 30 days of the date of this letter. Upon approval of said plan by the City Building Department and the Board of Health, the Board of Health will issue a final correction date. Inadequate ventilation. Area to prepare foods not sanitary. In In developing correct this violation note the requirements of 410 257:Licht Obstructions "If any light obstructing structure is located less than three feet from the outside of and extends to a level above the lower level of the transparent or translucent glass required by 105 CMR 410.250(A)and 410251(C), that portion so obstructed shall not be included as contributing to the required minimum total glass area." Provide renovation plans to the Board of Health within 30 days of the date of this letter. Upon approval of said plan by the City Building Department and the Board of Health, the Board of Health will issue a final correction date. Provide renovation plans to the Board of Health within 15 days of the date of this letter. U a..roval The initial plans that have been submitted to the Board of Health have been deemed not in compliance with 105 CMR 410 by the State Community Sanitation Pro.ram. In accordance with 410.280. Natural and Mechanical Ventilation mechanical ventilation will suffice. Modifications made to meet 410.100. Kitchen Facilities of said plan, the Board of Health will issue a final correction date. Provide renovation plans to the Board of Health within 15 days of the date of this letter. Upon approval of said plan, the Board of Health will issue a final correction date Washbasins,Toilets, Tubs and Showers do not afford privacy to a person. Protective railing on fire escape does not have required balusters. Immediately Modifications to the bathrooms on the 2n0 and 3"floors so that more than one person at a time can take a shower in privacy. A re-inspection will occur within 7 days of the date of this letter C) Property does not have sufficient working emergency lights and signage. Immediately Main door does not have 15 days from date of electronic locking system. this letter A re-inspection will occur within 7 days of the date of this letter A re-inspection will occur within 15 days of the date of this letter fhe Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL 05 CMR by ordered to make a Sanitary Code faith effort top comply Minimum wdh the formall order issued obyotu above ie time frame listed. Failure to do so could result in legal action taken against you to pursue ice with this order. Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000-shall upon conviction be t less than $10 or more than $500. Each day's failure to comply shall constitute separate violations. Any person aggrieved by the final decision of the board of health with respect to any order issued under the ns of 105 CMR 410.000 may seek relief therefrom in any court of competent jurisdiction, as provided by the laws )ommonwealth. ;ly, spection report is signed and certified under the pains and penalties of perjury Petrosky Inspector ain St empton Ma, 01060 87-1214 l0 OF HEALTH MEMBERS C.SALLOOM.CHAIR VANE SMITH,M.D. N NE LEVIN,M.O. STAFF jamin Wood,MPH ▪ of Pobllc Heald 0p RN.Public Health Nurse etrosky,Health Inspector Cher Mcbride,Clerk • CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH NOTICE OF COMPLIANCE fCH LLC D/B/A Northampton Lodging 580 ;burg, MA 01096 COMPLIANCE WITH ORDERS BOWDITCH LLC- _January 1191, 2010_ 1perty located at_129 Pleasant Street owned or operated by you. ons were observed and a final enforcement letter with correction orders was mailed to you on ?larch 23rd, 2010 212 MAIN STREET NORTHAMPTON,MA m060 an initial Housing Inspection was made at 11 re-inspection was conducted on July 1s`. 2010 cations noted in the March 23)10 cement letter were found to be corrected and therefore, please note that you ave (lied with all of the correction orders issued in the inspection report. letter was signed under the pains and penalties of perjury. If you have any questions regarding natter, please contact me at my office. erely, ' Wood, MPH, Director of Public Health PATRICK (NOR MURRAY GOVERNOR 3IGRY,MI) TARY ERBACH ,STONER )f Health pal Building ain Street mpton, MA 01060 The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health Bureau of Environmental Health Community Sanitation Program 23 Service Center Northampton, MA 01060 Telephone (413) 586-7525 / (800) 445-1255 Facsimile (413) 784-1037 TTY (800) 769-9991 Jirector Ben Woods, 2.9 Pleasant St.Northampton m McLoughlin Director Woods, request of your office I conducted a preliminary inspection of this above property in accordance with L. Chapter 111 Sections 18, 127 A, 127B and 105 CMR 410.000: Minimum Standards of Fitness for an Habitation(State Sanitary Code, Chapter II) on January 11,2010. 1 was accompanied by the City h Director Ben Woods and Health Agent Aimee Petrosky.Also present were representatives of the ord. Rog ming H p se rovides a u con bed 58 rooming ft.of habitable units..space for eunits ach uare,located in the lower level,which is 50% February Draft 2, 2010 ations Noted: CMR 410.250(A) Natural Light: Inadequate transparent/translucent glass area CMR 410.280(A) Natural Ventilation: Inadequate window area. beenloca located indthe middle iofithe room for and undry sort sorting and eating area. The kitchen hot plate has e ken electrical connections under the cabinet. Rations Noted: de: 410.100: Kitchen Facilities Area to prepare and serve foods not sanitary 1 Sing has gang type shower with the changing area in the common area of the toilets and sinks. I Noted: 0.150: Washbasins,Toilets,Tubs, and Showers (B) (2) Does not afford privacy to a person within n. lding has an outside stairway with no balusters. n Noted: 110.503 (D): Protective Railings and Walls Does not have required balusters. 'riming House has numerous emergency lights that do not operate, improperly wired or are missing. exits signs need to be checked for locations. an Noted: 110.483: Auxiliary Emergency Lighting Systems and Exit Signs Does not have working emergency and signage. ooming House has no buzzer entry door system. Further, the southern entry door does not lock. ion Noted: 410.480: (13) (C) Locks There are no proper entry locks for the main doors of this building. on this review it is recommend to the Board of Health the following action: & 2. The Board of Health should issue an order to vacate all (14) of the basement apartments until ach time as the natural lighting and ventilation requirements can be met.This should be done within the axt 30 days. This can only be used for either a landry or kitchen.The Board of Health should order that this combined facility shall be discontinued, immediately This type of gang shower does not provide privacy. The Board of Health should order the owner to address this violation in all shower areas, within the next 30 days. The Board of Health should order the owner to correct the lack of proper balusters in this stairway, immediately. i. The Board of Health should order the owner to correct the violation of the emergency lighting and signage, immediately. 7. The Board of Health should order the owner to install a proper buzzer doorway system, within the next 30 days. If the Board of Health has any questions,please feel free to contact this office directly. Signed and Certified under the Pains and Penalties of Perjury Charles J. Kaniecki,Bureau of Environmental Health District Health Officer 2 Paul Halfmann, Division of Community Sanitation Program 3 RD OF HEALTH MEMBERS EITMAN.M.D.,CHAIR :ANNE SMITH,M.D. INNA C.SALLOOM STAFF uj min Wood,MPH r of Public Health ott,RN.,Public Health Nurse ,etrosky,Health inspector Linda Henn Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON.MA 01060 th, 2010 TCH LLC D/B/A Northampton Lodging 580 ;burg, MA 01096 DWDITCH LLC, This letter is to inform you that your request for a hearing before the Northampton Board of has been scheduled for March 17, 2010 between 5:30 and 7:30 PM, 2nd Floor Hearing Room, 311, 210 Main Street, Northampton, MA 01060. Please be in attendance at 5:30pm. Per 105 110.851 if you would like to inspect the Board of Health's file on 129 Pleasant St. please contact e materials can be reviewed in our office or copies can be made for a fee after further request ttached email dated 3/5/2010). If you have any further questions please feel free to contact me y at (413) 587-1213. rely, inspection report is signed and certified under the pains and penalties of perjury Wood, Director, Northampton Health Department Main St hampton Ma, 01060 lttorney Michael Pill, Northampton Building Inspector, City Solicitor email written by Michael Pill dated 3/5/10 Revised - March 6, 2010 Acheson Properties/129 Pleasant Street, Northampton, MA 01060 Re: Service Option Detail. 1 weekly Thorough Cleaning: -To be performed during daylight hours of 9am-5pm, M-F. -To include: • Thorough vacuuming of all areas, including edges. Wet-mop of all hard floors. • Fingerprint and wall smudges washed as needed. • All bathrooms sanitized and thoroughly cleaned. • Kitchen and Laundry areas cleaned and sanitized. • All common area glass and windows washed routinely. • All shared doors, handles and railings cleaned and sanitized as needed or minimum of monthly. • Dusting for cobwebs and all horizontal surfaces. $105/Semi-Weekly Recommended Additional Services: -Monthly or quarterly Shampooing of 2nd and 3rd Floor carpets. This will aid in preservation of carpet quality as well as help to control common odors and allergens. $195/Service -Minimum of Yearly Stripping and Waxing Basement Level Flooring, hallways and common rooms. Includes Labor, Equipment and Product. 2 Coats Protective Finish. -It is our commitment since our company launch in 2005, that we will use and endorse only the finest in environmentally friendly products and services and are constantly working to improve our service level and our own, company-wide sustainability. We are a local, family owned and operated custodial service and were the first in Western MA to offer strictly "Green" cleaning. -We are insured for 500K/1MIL General Liability coverage through Nautilus Insurance. We are also bonded through CNA Surety Company and carry Travelers brand Workman's Compensation Insurance. Our Insurance agent is Renee Stolar or Stolar Insurance Agency, Three Rivers, MA . She would be happy to submit a binder or proof of any of the above policies to your office upon request and is reachable at 413-283-2561. INSPECTOR City of Northampton Massachusetts DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street • Municipal Building Northampton, MP 01060 Ben Wood Northampton Health Department 212 Main Street Northampton, MA 01060 March 15, 2010 Re: 129 Pleasant Street Northampton Lodging Dear Ben, I support the request by William McLoughlin for a variance to allow artificial lighting as an alternative o natural light for the basement rooms at Northampton Lodging, 129 Pleasant Street. On February 14th, at the request of the Board of Health, I visited the building to inspect for compliance with the building code standards for lighting, ventilation, means of egress and general life safety concerns. I was accompanied by Larry Therrien, Northampton Fire Department Fire Protection Officer, William McLoughlin, building owner, and Brad Shimel, owners representative. The building is a two story masonry structure with an occupied basement level. The applicable use group is R-2 (boarding house, non-transient). There are 58 dwelling units, 14 of those on the basement evel. The building is relatively clean and well maintained. The means of egress are of sufficient number and size for the occupant load. The exit lighting, signage and emergency lighting meets building code requirements. I did not observe any deficiencies that created an immediate threat to life safety. I did observe that some of the portable fire extinguishers were out of date, and that there is insufficient ventilation on the basement level. There are questions about the adequacy of the lighting in the basement rooms. The Health Director has ordered that natural lighting be provided for those rooms. It is my opinion, installing windows large enough to satisfy natural lighting requirements is impracticable due to site limitations and the existing structure of the building. The building code allows that, in lieu of natural light, artificial lighting be provided to illuminate every space intended for human occupancy. This lighting must provide an average illumination of ten foot-candles over the area of the room at a height of 30 inches above the floor level (section 1205). The lighting in the hallways and in the rooms I observed met that requirement. The Massachusetts State Building Code has allowed artificial lighting as an alternative to natural lighting since at least 1980. The International Building Code, the model code used by the majority of the United States, has allowed artificial lighting as an alternative since it was first published in 2000. The same requirements for lighting levels are detailed in both codes. Building codes are written with structural integrity and the safety and health of a building's occupants as the primary criteria. The intent of the Massachusetts State Building Code(780 CMR) "...shall be construed to secure its expressed intent,which is to insure public safety, health and welfare insofar as they are affected by building construction, through structural strength, adequate means of egress facilities, sanitary conditions, light and ventilation, energy conservation and fire safety; and, in general, to secure safety to life and property from all hazards incident to the design, construction, reconstruction, alteration, repair, demolition, removal, use or occupancy of buildings, structures or premises". I believe that a building that meets the requirements of the building code has met that intent. The ventilation in the rooms does not, however, meet the requirements of the building code for new :onstruction. The rooms I observed were approximately 10' x 11', with a window that provided an opening of approximately 2.3 square feet. The rooms would need an opening of approximately 4.4 square feet to meet wilding code requirements for natural ventilation (section 1203). Mechanical ventilation is allowed as an alternative but a system for mechanical ventilation is not present. Mechanical ventilation would need to meet he requirements of the International Mechanical Code based on the size and use of each space to be acceptable as an alternative to natural ventilation. The insufficiency of the present ventilation needs to be addressed under section 102.5.6 but does tot, in my opinion, present an immediate threat to the health or safety of the occupants and does not require .hat the basement rooms be declared uninhabitable at this point. I will require that the building owner submit permit application to bring the ventilation up to code for new construction. _ouis Hasbrouck of Northampton 4ssistant Building Commissioner )RDER TO CORRECT VIOLATIONS OF CHAPTER V OF THE STATE SANITARY CODE MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 129 PLEASANT STREET, IORTHAMPTON MA BOARD OF HEALTH BOAltyltQl@C1l$\LTH MEMBERS FLF$pEiA1WIb1r 111IO.CHAIR RIMNATSMIRIall0. DONNA C.SALLOOM BENJAMIN WOOD MPH IIRECTOR Egw LIC HEALTH Benjamin Wood MPH Dire t o6ALb112Waltb FAX(413)587-1221 (413)587-1214 FAX(413)587-1221 sF as gAWF8 MASSACHUSETTS 0106o MASSACHUSETTS ma6o BORIffeNiViLT11 BOARD OF HEALTH 212 MAIN STREET NOR ItAMRttlffltSI31060 NORTHAMPTON,MA 01060 This is an important legal document. It may effect your rights. You may obtain a translation of this form at: 212E1m St, Northampton Ma. Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradfao deste documento de: 212 Elm St, Northampton Ma Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme 'a: 212 Elm St, Northampton Ma Questo e un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Elm St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: 212 Elm St, Northampton Ma To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz 1 uzyskac tlumaczenie teo dokumentu w ofisie: 212 Elm St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA moo Tel #: (413) 587 - 12l4 FINAL ORDER OF THE BOARD OF HEALTH Subject Property: 129 Pleasant St., Northampton, MA 01060 TO: BOWDITCH LLC D/B/A Northampton Lodging PO Box 580 Williamsburg, MA 01096 Dear BOWDITCH LLC, On March 17, 2010, a hearing was held before the Northampton Board of Health concerning: Subject Property: 129 Pleasant St., Northampton, MA 01060 Members of the Board present were: Suzanne Smith Donna Salloom Northampton Health Department staff present were: Ben Wood, Northampton Health Department Director This notice regards the violation of"Inadequate translucent glass area (per 105 CMR 410.250(A) as noted in the Orders to Correct dated February 19th, 2010. The following persons appeared and presented testimony and evidence: Owner's Statements: Attorney Brad Shimel, representing Bowditch LLC, appealed to the Board of Health for a variance on the violation. Mr. Shimel described how increasing the window size of the basement units to meet the natural light specifications of 105 CMR 410 would cause harm to the structure of the building. Occupant's statements: None Other statements: Louis Hasbrouck, Building Inspector for the City of Northampton, provided his support for the variance request (see attached letter dated March 15th). Based upon the testimony and evidence presented to the Board, including written testimony and documents submitted prior to the hearing, the Board finds: That a variance, in accordance with 105 CMR 410.840, be allowed on the natural light violation with the following condtiions: 1. That adequate lighting meeting the Massachusetts Building Code is present in each basement room. 2. That the window wells for each basement room be extended to three feet and that drainage material is placed in each well. 3. That mechanical ventilation meeting the Massachusetts Building Code is present in each basement room. Based upon the findings set forth above, the Board hereby WITHDRAWS the following: The "Inadequate translucent glass area" violation issued February, 19th, 2009. The Owner(s) shall: File this order in the registry of deeds for the county, or appropriate district thereof, in which the dwelling is located. You are advised: 105CMR 410.840: Variances (A) Except for those conditions enumerated under 105 CMR 410.750(A) through (0), the board of health may vary the application of any provision of 105 CMR 410.000 with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice; provided that the decision of the board of health shall not conflict with the spirit of these minimum standards or any other applicable statute, code or regulation, and provided further, such variances may be granted only after notice is given to all affected occupants and after a hearing is held. Any variance granted by the board of health shall be in writing and shall not be in effect unless it is filed by the owner in the registry of deeds for the county or appropriate district thereof, in which the dwelling is located. A copy of any such variance shall, while it is in effect, be available to the public at all reasonable hours in the office of the clerk of the city or town, or in the office of the board of health. (B) Any variance of other modification authorized to be made by 105 CMR 410.000 may be subject to such qualification, revocation, suspension or expiration as the board of health expresses in its grant. A variance or other modification authorized to be made by 105 CMR 410.000 may otherwise be revoked, modified, or suspended in whole or in part, 'only after the owners and affected occupants have been notified in writing and have been given an opportunity to be heard, in conformity with the requirements for an order and hearing of 105 CMR 410.830 through 410.855. (C) A variance from 105 CMR 410.480 may be granted only by the Massachusetts State Building Code Commissioner when in its opinion, other security measures are in force which adequately protect the resident(s) of such dwelling. (M.G.L. c. 143, § 3R.) (locks) (D) A variance from 105 CMR 410.150(A)(2) which prohibits a kitchen sink to substitute for the required washbasin may be granted by the board of health only if compliance would require extensive costly renovation. (E) A variance from 105 CMR 410.503(B), (C) and (D) may be granted by the board of health for historic buildings provided that the board of health finds that the public health will not be compromised. Any person aggrieved by this Final Decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the Commonwealth. SO ORDERED ON THIS 23 DAY OF MArch, 2010 Signed and Certified Under the Pains and Penalties of Perjury BY Benjamin Wood, Agent of the Board of Health cc. Attorney Brad Shimel Louis Hasbrouck, Building Inspector M.D.P.H Charles Kaniecki, District Health Officer 23 Service Ctr Rd. Northampton, MA. 01060 rents: file:.//N:/HOUSING/AII Orders prior to Oct 2012/Housing-Orders to _. Dean Acheson(dean @acbesoncom pa ny.coml Wednesday,March 24.2010 11:22 AM Ben Wood Proposed cleaning schedule by Beloved Earth Acheson Properties 129 Pleasant Noho Proposal Detail(2).doc louse cw made up of by 2 current tenants will sweep,vacuum daily. The counter tops in the kitchen will be wiped down daily. Trash in the common rooms,halls i will be picked up daily. Carpeting in the common areas will be vacuumed daily. Bath room units-sinks,toilet and urinals will be sanitized daily. These chores will lone by Beloved Earth. l will be monitoring periodically if all these chores are being done by the appropriate crew. Dean Acheson 6/11/20143:10 PM Acheson Properties P.O. Box 1052 Williamsburg, MA 01096 Office:(413)268-0246 Fax: (877)268-0658 Cell: (413) 374-6468 email: Dean@AchesonCompany.com March 24, 2010 Mr. Benjamin Wood MPH City of Northampton Office of the Board of Health 212 Main Street Northampton, MA 01060 Re: Proposed improvements and corrections to the common kitchen/laundry area of the Northampton Lodging, 129 Pleasant Street, Northampton, MA 01060 Proposed Changes & Corrections: Encapsulate the existing old tile floor with a new vinyl commercial sheet flooring. Replace the existing stove & sink cabinets with 2 new pedestal cabinets which do no include shelves, drawers or any easily accessible opening. The structure will be solid and easily cleanable solid surface approximately the foot print of the previous cabinets. A new electric stove will be installed that is easily identified as being on or off according to the glowing or dark heating coils. New counters will be installed replacing the current counters. They will be of a commercial graded plastic surface which can be easily cleaned and sanitized. All exposed edges will be finished. Two new counters will be added. The first will be a shallow unit which will connect the sink counter with the stove counter for additional surface area. The second will be added to the kitchen hall wall corner next to the dryers. This additional 2' x 3' would increase the amount of laundry folding or basket area without taking away from the space for moving around the room. A new table will be added to replace the current rectangular folding table with a easily cleanable surface. The unit will still be able to fold so that the cleaning crew could address the full floor space. A partisan will be added at the end of the sink counter which will be approximately 4' tall and no wider than the current counter. This would separate the laundry sink rom the kitchen sink and possibly discourage the use of the slop skin be cooks ising the kitchen counter. The ceilings exhaust fan will be be brought closer to the stove in order to collect :ooking odors and smoke before reaching the ceiling. The ceiling tiles will be replaced with a cleanable smooth surfaced plastic 2' x 4' instead of the current porous textured style. The whole kitchen will be washed down and repainted. Signage will be added over the stove, kitchen sink, slop skin and laundry machines with messages about the proper use of each. This language will be cleared by Public Health before the signs are made. Dean Acheson Property Manager 1 WDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM "ANDARDS FOR HUMAN HABITATION" AT: 129 PLEASANT ST BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health is Abbott,R.N.,Public Health Nurse Javeria Mir,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 This is an important legal document. It may effect your rights. You may obtain a translation of this form at: 212 Main St, Northampton Ma Isto a um documento legal muito importante que podere afectar os seus direitos. Podem adquirir uma tradcao deste documento de: 212 Main St, Northampton Ma Le suivante est un important document legal. II pourrait effecter vos droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main St, Northampton Ma Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Main St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccibn de esta forma en: 212 Main St, Northampton Ma To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212 Main St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 212 Main Street Northampton, MA 01060 Tel#: (413) 587-1214 BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health cia Abbott,R.N.,Public Health Nurse Javeria Mir,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 ate: 3-2-11 y authority of Chapter 11 of the State Sanitary Code,as adopted under Chapter 111, Section 3 and 127A and 27B of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of to dwelling named in the attached report,and found it to be in violation of the Minimum Standard of itness for Human Habitation.A list of the violations is enclosed. 'ou are hereby ordered to begin necessary repairs, or contract in writing with a third party within five(5) ays(of the date on this letter), and to make a good faith effort to substantially correct within thirty (30)days, s of the date of this letter,all violations recorded on the report. (ou are further ordered to correct any violations followed by an asterix(*)within twenty-four hours of eceipt of this notice. These are violations or conditions,which endanger the health, or safety and well-being of he occupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the lccupant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection brm. A reinspection will be conducted, as indicated,to determine compliance. You are entitled to a hearing, provided a written petition is received within seven (7) days. You are also ;ntitled to be represented by counsel,and have the right to inspect and obtain copies of all relevant reports, trders and notices. Any adverse parties also have the right to appear at the hearing. Every occupant shall give the owner, agent or employees, access, upon reasonable notice, for the purpose of )orrecting these violations. (CMR.8l0) Failure to comply with this order may result in a fine of not less than ten, nor more than five hundred dollars; each day constituting a separate violation. It is your responsibility to provide proper workmanship and to obtain the appropriate private permits where necessary. Your immediate attention will be appreciated. If you have any questions, please contact this office. Sincerely, Ben Wood, MPH Director,Northampton Health Department Inspection Form Northampton Board of Health, 212 Main St., Northampton,MA 01060, 413-587-1214 SSC 105 CMR 410.000: Chapter II,Minimum Standards of Fitness for Human Habitation te:3-2-11 Time: 5:30pm dress: 129 Pleasant St .cupant Name: vner Name: Bowditch LLC DBA Northampton Lodging Phone#Zi Code:01096 vner Address: PO Box 580 City/Town:Williamsburg Zip )welling/Rooming Units in Dwelling: #Stories: Floor Level of Unit: Sleeping Rooms: #Habitable Rooms: spector: Ben Wood Title: Director If violations are observed and checked,describe them fully on Page 3. #Occupants: #Children<6 Years Unit# City/Town: Northampton Phone# Area or Element Exterior, Yard& Porch Type of Violation Use blank boxes for ones not listed Locks Posting, ID, Exit signs/emergency lights Handrails, steps, doors windows, roof Rubbish—storage and collection Maintenance of Area Possible Code Section(s) 480 481,483 484 500.501,503 600,601 lif Violation Observed Responsible Party Owner Occupa nt 602 Common Areas& Entry Light, windows Egress nterior Halls &Stairs Handrails Door 253.254,501 450,451.452 503 501 Floors,walls ceilings Hallways, railings, stairs Bedroom 1 Bedroom 2 Bathroom Light,windows 500 503 253,254,501 X X X X Location(circle): Front Rear Middle Left Middle Right of Unit Ventilation Ceiling height Windows, screen Wall Location (circle): Front Rear Middle of Unit Ventilation Ceiling height Windows, screen Toilet, sink,shower,tub, door Smooth, impervious surfaces Lights, outlets,ventilations Floors/walls 280 401,402 501.551 500 Left Middle Right Floor Level F oor Level 280 401,402 501.551 150 150 X X 251,280 504 X X ferral: ❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ Other is inspection report is signed and certified under the pains and penalties of perjury. ipector Signature: :cupant or Occupant's Representative Signature: 'inspection Date: March 7th Time: TBD Written description of any violation(s)checked above Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. NOTE: 'indicates that this housing inspection has revealed conditions which may endanger or materially impair the health, safety, and well-being of any person(s) occupying the premises Area/Element,Code Citation and Description of Violation All hallway carpets and stairs,(410.602: Maintenance of Areas Free from Garbage and Rubbish), carpets and stairwells unsanitary(smell of urine/feces) '2ntl and 3`°floor.bathrooms, (410.151:Shared Facilities), garbage overturned, urinals dirty Acceptable Remedies Mop stairs/steam clean carpets and maintenance of hallways in clean and sanitary condition. Post in a conspicuous place for all residents a cleaning schedule with person responsible and contact information for occupant complaints- Bathrooms must be on a 24 hour cleaning cycle. Post in a conspicuous place for all residents a cleaning schedule with person responsible and contact information for occupant complaints. Shower heads in stalls adjacent to toilets, (410.351: Owners Installation and Install points down shower heads so into stall. Maintenance Responsibilities), shower heads point out/water not contained to stall 1E FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY iE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. Rent Withholding(General Laws Chapter 239 Section 8A). Code Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do is without being evicted if You can prove that your dwelling unit or common areas contain violations which are serious enough to :danger or materially impair your health or safety and that your landlord knew about the violations before you ere behind in your rent. You did not cause the violations and they can be repaired while you continue to live in the building. . You are prepared to pay any portion of the rent into court if ajudge orders you to pay for it. (for this it is best •put the rent money aside in a safe place.) Repair and Deduct(General Laws Chapter 1 1 I Section 127L). his law sometimes allows you to use your rent money to make the repairs yourself. If your local code iforcement agency certifies that there are code violations which endanger or materially impair your health, ifety or well-being and your landlord has received written notice of the violations, you may be able to use this imedy. If the owner fails to begin necessary repairs (or enter into a written contract to have them made) within ve days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in ny year to make the repairs. . Retaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239 ,ection 2A). he owner may not increase your rent or evict you in retaliation for making a complaint to your local code nforcement agency about code violations. if the owner raises your rent or tries to evict within six months after Tou have made the complaint he or she will have to show a good reason for the increase or eviction which is mrelated to your complaint. You may be able to sue the landlord for damages if he or she tries this. L. Rent Receivership(General Laws Chapter 111 Sections 127C-H). fhe occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into :ourt rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent Honey as is needed to correct the violation. The receiver is not subject to a spending limitation of four months' rent. 5. Search of Warranty of Habitability. You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does net meet minimum standards of habitability. 6. Unfair and Deceptive Practices(General Laws Chapter 93A) Renting an apartment with code violations is a violation of the consumer protection act and regulations for which you may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU DECIDE TO WHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY, YO SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: Western Mass Legal Services Tel: 413-781-7814 One Monarch Place, Suite 4001 Springfield,MA 01144 ER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM NDARDS FOR HUMAN HABITATION" AT: 129 PLEASANT ST BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH.MO. IDANNE LEVIN,MD. STAFF &njaTill Wood,MPH Director of Public Health :a Abbott R.N.,Public Health Nurse laveria Mir,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA mo60 This is an important legal document. It may effect your rights. You may obtain a translation of this form at: 212 Main St, Northampton Ma Isto a um documento legal muito importante que poder° afectar os seus direitos. Podem adquirir uma tradpao deste documento de: 212 Main St, Northampton Ma Le suivante est un important document legal. 11 pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main St, Northampton Ma Questo a un documento legate importance. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Main St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccien de esta forma en: 212 Main St, Northampton Ma To jest wazne legalny document. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w oEsie: 212 Main St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 212 Main Street Northampton, MA 01060 Tel tt: (413) 587 - 1214 ate: 3-28-2011. y authority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and 27B of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of' le dwelling named in the attached report,and found it to be in violation of the Minimum Standard of 'itness for Human Habitation. A list of the violations is enclosed. ire hereby ordered to begin necessary repairs, or contract in writing with a third party within five (5) of the date on this letter), and to make a good faith effort to substantially correct within thirty (30) days, the date of this letter, all violations recorded on the report. are further ordered to correct any violations followed by an asterix (*)within twenty-four hours of pt of this notice.These are violations or conditions, which endanger the health, or safety and well-being of :cupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the rant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection . A reinspection will be conducted, as indicated,to determine compliance. are entitled to a hearing, provided a written petition is received within seven (7) days.You are also .ed to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports, is and notices. Any adverse parties also have the right to appear at the hearing. y occupant shall give the owner, agent or employees, access, upon reasonable notice, for the purpose of sting these violations. (CMR.810) ure to comply with this order may result in a fine of not less than ten,nor more than five hundred ars; each day constituting a separate violation. It is your responsibility to provide proper workmanship to obtain the appropriate private permits where necessary. a immediate attention will be appreciated. If you have any questions, please contact this office. ;erely, net Wasiuk rlth Inspector,Northampton Health Department Inspection Form Northampton Board of Health,212 Main St., Northampton,MA 01060,413-587-1214 SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation te: 3-25-2011 Time: 1:05pm if Occupants: 1 Of Children<6 Years Unit# K City/Town: Northampton :dress: Na Pe: Antonia Phone#413-517-4084 :cupant Name: Antonia Houson vner Name: Bowditch LLC DBA Northampton Lodging Phone# 41 -534.0 01096 Nner Address: PO Box 580 CityfTown:Williamsburg Zip #Stories: Floor Level of Unit: Ground Dwelling/Daniel Units in Dwelling: #Habitable Rooms: 1 Sleeping ing ooms: Title: Health Inspector spector: Daniel Wasiuk If violations are observed and checked,describe them fully on Page 3. Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section ✓if Violation Observed Responsible Party Owner Occupa nt erior, rd & rch Locks Posting, ID, Exit signs/emergency lights Handrails, steps, doors windows, roof Rubbish—storage and collection Maintenance of Area 480 481,483,484 500.501.503 600.601 602 nmon ms& ntry for Halls Stairs Iroom 1 (room 2 dhroom Free of pests (rodents, skunks, cockroaches, insects) Egress Handrails Door Floors, walls ceilings Hallways, railings, stairs Light, windows Location (circle): Front Rear Middle of Unit Free of pests(rodents, skunks, cockroaches insects) Ceiling height Windows, screen Entry Door Location (circle): Front Rear Middle of Unit Ventilation Ceiling height Windows, screen Toilet, sink, shower, tub, door Smooth, impervious surfaces Lights, outlets, ventilations Floors/walls 550 450,451,452 503 501 500 503 253,254. 501 X X Left Middle Right Floor Level 550 401.402 501.551 X X X 00 480 X Left Middle Right F oor Level 500 401,402 501, 551 150 150 25L 280 504 'al: ❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ Other nspection report is signed and certified under the pains and penalties of perjury. ctor Signature: pant or Occupant's Representative Signature: Time: 11a.m.on both 4/4 and 4129/2011 ,pection Date: April 4, 2011 and April 29, 2011 Written description of any violation(s)checked above Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. IOTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the ealth, safety, and well-being of any person(s) occupying the premises Area/Element, Code Citation and Description of Violation mon Areas & Entry: 105 CMR 410.550: Extermination of Insects etc.: (B)The =_r of a rooming house shall maintain it and its premises free from all rodents, skunks, cockroaches and insect infestation, and shall be responsible for exterminating them. room 1: 105 CMR 410.550: Extermination of Insects etc.: (6)The owner of a oming house shall maintain it and its premises free from all rodents, skunks, ickroaches and insect infestation, and shall be responsible for exterminating them. (room 1: 105 CMR 410.5001 Every owner shall maintain the foundation,floors, Its, doors,windows ...in good repair and in every way fit for the use intended." Acceptable Remedies Engage a licensed exterminator to abate the infestation and monitor for return. Corrective actions must take place within (5)five days of receipt of notice. Engage a licensed exterminator to abate the infestation and monitor for return. Corrective actions must take place within (5)five days of receipt of notice. Door jamb and casing to be repaired. Corrective actions must take place within (30)thirty days of receipt of notice E FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY E IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. Rent Withholding (General Laws Chapter 239 Section 8A). Code Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do s without being evicted if. You can prove that your dwelling unit or common areas contain violations which are serious enough to danger or materially impair your health or safety and that your landlord knew about the violations before you sre behind in your rent. You did not cause the violations and they can be repaired while you continue to live in the building. You are prepared to pay any portion of the rent into court if ajudge orders you to pay for it. (for this it is best put the rent money aside in a safe place.) Repair and Deduct(General Laws Chapter 111 Section 127L). his law sometimes allows you to use your rent money to make the repairs yourself. If your local code lforcement agency certifies that there are code violations which endanger or materially impair your health, ifety or well-being and your landlord has received written notice of the violations, you may be able to use this ;medy. If the owner fails to begin necessary repairs (or enter into a written contract to have them made) within ve days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in ny year to make the repairs. :aliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239 pn 2A). wner may not increase your rent or evict you in retaliation for making a complaint to your local code iement agency about code violations. If the owner raises your rent or tries to evict within six months after ave made the complaint he or she will have to show a good reason for the increase or eviction which is ited to your complaint. You may be able to sue the landlord for damages if he or she tries this. at Receivership (General Laws Chapter 111 Sections 127C-H). Iccupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent y as is needed to correct the violation. The receiver is not subject to a spending limitation of four months' arch of Warranty of Habitability. may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does net minimum standards of habitability. ifair and Deceptive Practices (General Laws Chapter 93A) ing an apartment with code violations is a violation of the consumer protection act and regulations for h you may sue an owner. INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU 'IDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT 7 CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES ICE WHICH IS: Western Mass Legal Services Tel: 413-781-7814 One Monarch Place, Suite 400 1 Springfield, MA 01144 BOARD OF HEALTH ONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M D. enjamin Wood,MPH, Director eria Mir,MPH,Health Inspector is Abbott,RN,Public Health Nurse Heather McBride,Clerk onia Houson Pleasant St. -thampton, MA 01060 CITY OF NORTHAMPTON MASSACHUSETTS o106o OFFICE OF THE BOARD OF HEALTH (413)587—1214 FAX(413)587-1221 3-3-11 212 MAIN STREET NORTHAMPTON,MA 01060 r Antonia, • ached you will find, for your information, Orders to Correct based on an inspection completed on 3-2-11 at Lodging House(129 Pleasant St.). As you can see there were several violations of the State Sanitary Code Never at that time I found no evidence of pest infestation in the common areas. If you want an inspection of r individual unit please contact us again and we will set a time to do that. If you have access to a camera and I provide documentary evidence of the pest infestation that would be helpful. pologize for the delay based on your complaint dated 1-24-11. 1 came to the Lodging House on 1-26-11 but ild not gain access and the complaint stayed in our active files until another complaint came in on 3-2-11. garding the situation of the locks, the Lodging House is in technical compliance with the State Sanitary Code the main entrance has an automatic lock installed. ncerely, en Wood, MPH orthampton Health Department 1 )ER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM ,NDARDS FOR HUMAN HABITATION" AT: 129 PLEASANT STREET BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. IOANNE LEVIN,MD. STAFF Benjamin Wood,MPH Director of Public Health icia Abbott,R.N.,Public Health Nurse Daniel Wasiuk,Health Inspector 'Edmund Smith,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS o1o6o OFFICE OF'DIE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 !This is an important legal document. It may affect your rights. You may obtain a translation of this form at: 212 Main St, Northampton Ma Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradcao deste documento de: 212 Main St, Northampton Ma Le suivante est un important document legal. 11 pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main St, Northampton Ma Questo e un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Main St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. lid. Puede adquirir una tradccion de esta forma en: 212 Main St, Northampton Ma To jest wazne legalny document. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212 Main St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 212 Main Street Northampton, MA 01060 Tel u: (413) 587 - 1214 ate: 9/21/2011 JOANNE LEVIN,MD. STAFF Benjamin wood.MPH Director of Public Health is Abbott.R.N.,Public Health Nurse Daniel Wasluk.Health Inspector Edmund Smith,Health Inspector Heather McBride,Clerk OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 luthority of Chapter 11 of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and 3 of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of dwelling named in the attached report, and found it to be in violation of the Minimum Standard of ess for Human Habitation.A list of the violations is enclosed. are hereby ordered to begin necessary repairs, or contract in writing with a third party within five (5) (of the date on this letter), and to make a good faith effort to substantially correct within thirty (30) days, f the date of this letter, all violations recorded on the report. T are further ordered to correct any violations followed by an asterix (*) within twenty-four hours of of this notice. These are violations or conditions,which endanger the health, or safety and well-being of occupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the 'pant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection n. A reinspection will be conducted, as indicated, to determine compliance. 1 are entitled to a hearing, provided a written petition is received within seven (7) days. You are also tled to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports, ers and notices. Any adverse parties also have the right to appear at the hearing. :ry occupant shall give the owner, agent or employees. access, upon reasonable notice, for the purpose of recting these violations. (CMR.810) lure to comply with this order may result in a fine of not less than ten, nor more than five hundred lays; each day constituting a separate violation. It is your responsibility to provide proper workmanship I to obtain the appropriate private permits where necessary. ur immediate attention will be appreciated. If you have any questions, please contact this office. Icerely, n Wood, MPH rector,Northampton Health Department Inspection Form Northampton Board of Health,212 Main St., Northampton, MA 01060,413-587-1214 SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation :912112011 Time: 2:15 #Occupants: 1 #Children< 6 Years NA ess:129 Pleasant Street Unit# 13 City(Town: Northampton (pant Name: David Boudreau Phone#1.413.586.2985 er Name: Bowditch LLC DBA Northampton Lodging Phone# er Address:PO Box 580 City/Town: Williamsburg Zip Code:01096 felling/Rooming Units in Dwelling: #Stories: 2 Floor Level of Unit: )eping Rooms: #Habitable Rooms: ector: Edmund Smith Title: Health Inspector If violations are observed and checked,describe them fully on Page 3. sea or lement Type of Violation Use blank boxes for ones not listed Possible Code Section(s) lif Violation Observed Responsible Party Owner Occupa nt xterior, Yard& Porch :ommon 4reas& Entry erior Halls & Stairs edroom 1 ledroom 2 Locks Posting, ID, Exit signs/emergency lights Handrails, steps, doors windows, roof Rubbish—storage and collection Maintenance of Area Light, windows Egress 480 481,483,484 500,501.503 600,601 602 253,254,501 450,451,452 Handrails Door 503 501 Floors, walls ceilings Hallways, railings, stairs Light,windows 500 503 253:254.501 Location (circle): Front Rear Middle of Unit Ventilation Ceiling height Windows, screen Left Middle Right Floor Level Wall Location (circle): Front Rear Middle of Unit Ventilation Ceiling height 280 401.402 501,551 500 Left Middle Right 280 Floor Level 401,402 Windows, screen 501,551 Bathroom 1st floor Toilet, sink, shower, tub, door- Sinooth, impervious surfaces Kitchen Kitchen, cont. Lights, outlets, ventilations Floors/walls 150 X X 150 251, 280 504 Daily cleaning Sink, stove, oven; good repair, impervious and smooth, space refriq Lights, outlets, ventilation, windows, screens Ceilin. hei.ht Floor 100 251 280 501, 55 401,402 ea or :ment Type of Violation Use blank boxes for ones not listed Possible Code Section(s) 'fit Violation Observed Responsible Party Owner Occupa nt FloorsNValls 500 ventilation 250.280 ig room Lights, outlets, Ceiling height 401,402 Dining Windows/screens 501. 551 toom Ceiling condition Sink 00 cement Maintenance Watertight 500 Lighting 253 Source (circle): Public Private Water Must be 180 potable Quantity, 180 pressure Responsible for MGL ch 186 s 22, metering 354 paying °f rt Water Fuel Type(circle): Natural Gas Oil Electric Other Temp.: Location Kitchen taken: Quantity, 110 F min, 130 max 190 pressure, Venting 202 leafing Type Forced Hot Water Forced Hot Air Steam Electric (circle): No units portable "Habitable room and every room with toilet, shower, tub" 201 • 68 F 7 am to 11 pm,64F 11:01 pm to 6:59 am, 6/15-9/15 except • 78 F max in heating season/measure 5 feet wall,5 feet floor Venting, metering 202,354,355 lectrical Type(circle): 110 220 Amp: Amperage, temporary wiring, metering 250.255,zss. 250 Irainage, 'Iumbing Type Public Private (circle): Sanitary drainage required and maintained 300,351 nuke&CO & 482 Required operational Emergency lights )etectors Pests rodents, skunks, cockroaches, insects) 550 Free of pests ( Structural maintenance and elimination of harborage 550 ,bestos or 53 502 iad Paint 3rtailment 620 ;cess 810 /liar 'rat: ❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ This inspection report is signed :edified under the pains and penalties of perjury. ictor Signature: :pant or Occupant's Representative Signature: spection Date: 9/22, 9/23,9126,9127, 9/28,9129 Time: as necessary Written description of any violation(s)checked above Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. DOTE-. 'indicates that this housing inspection has revealed conditions which may endanger or materially impair the lealth, safety, and well-being of any person(s)occupying the premises Area/Element,Code Citation and Description of Violation Floor Bathroom: not clean or sanitary; ventilation fan choked with 51: Shared Facilities owner of any dwelling in which any toilet,wash basin, shower or bathtub is to be tared by the occupants of more than one dwelling unit or one rooming unit shall taintain that toilet,wash basin, shower, bathtub,walls and floors in a clean and nitary condition,which shall include the cleaning and sanitizing of said fixtures at least once every 24 hours. Acceptable Remedies 2n'floor bathroom just cleaned, but 1" floor had appearance of a room not cleaned for days. If this is 1 days accumulation of filth, then more frequent cleaning will be necessary. Large shower stall room needs heavy cleaning at this time, especially to caulk and grout. Area under sinks did not appear to be mopped recently. Kitchen, under microwave: particle board piece incapable of being cleaned. 100:Kitchen Facilities Every dwelling unit, and every rooming house where common cooking facilities are ided,shall contain suitable space to store,prepare and serve foods in a sanitary manner B) The facilities required in 105 CMR 410.100(A) shall have smooth and impervious ices and he free from defects that make them difficult to keep clean,or creates an accident .rd. Particle board under kitchen microwave is not smooth & impervious, is soaked and not capbable of being cleaned. Remove or repair as necessary. BOARD OF HEALTH MEMBERS DONNA C.SA LOOM,CHAIR SUZANNE SMITH,M.D. fOANNE LEVIN,M.D. Benjamin Wood,MPH,Director noa Abbott,RN.Public Health Nine Daniel Wasiak,Health Inspector Edmund Smith,Health Inspector Heather McBride.Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 ODICE OF IHL BOARD OF HEALTH (413)587—1214 FAX(413)537-221 212 MAIN sTRF£f NORTHAM fON,MA O33O NOTICE TO ABATE A NUISANCE DATE ADDRESS Raymond H. Pothier 129 Pleasant Street, Apt#22, Northampton MA 01060 occupant of 129 Pleasant Street Apt.#22, Northampton MA 01060: are hereby notified to take action to remedy the conditions named below within 5 DAYS of the service of this notice,according to sachusetts General Laws,Chapter III,Sections 122-125. 3CRIPTION: per police report (ref.11-2732-OF) and Health Department plain view inspection from doorway: • Approximately 100 beer bottles and other containers containing urine observed 9130(2011 stored on floor of mom —TO BE DISCARDED PROPERLY • Trash and garbage accumulated within the room —TO BE DISCARDED PROPERLY • Insect infestation—observed on floor and ceiling—ACCESS MUST BE GRANTED TO LICENSED PEST TECHNICIANS TO PROPERLY TREAT THIS ROOM it the expiration of time allowed these conditions have not been remedied, or are not in the process of being remedied, such ther action will be taken as the law requires and a fine of$1000.00 for each offense may be cha :ed. It order of the Northampton Board of Health This abatement order is signed and certified under the pains and penalties of perjury. Edmund Smith, Health Inspector Northampton Health Department BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR IOANNE LEVIN,M.D. SUZANNE SMITH,M.D. STAFF Benjamin Wood.MPH,Director 1cia Abbott,R.N.Public Health Nurse Daniel Wasiuk,Health Inspector Edmund Smith,Health Inspector Heather McBride,Clerk nond H. Pothier pleasant Street, Apt. #22 iampton MA 01060 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 12 MAIN STREET NORTHAMPTON,MA MO60 413-587-124 r Raymond spoke on the phone a couple weeks ago, before the storm. I am getting caught upon my ongoing cases and would to get a call from you to let me know how the cleanup of your room has gone. If you are ready I will come by and It with you for a few minutes. I will be available 8-4:30 on Monday Nov. 14, Thursday Nov. 17, or Monday Nov. 21. Ise call my desk at 587-1339 and if you don't get me, leave a message. I would have called you but 1 don't have your ne number. ;erely nund Smith ER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM WARDS FOR HUMAN HABITATION" AT 129 PLEASANT ST. APT. J "BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,MD. STAFF Benjamin Wood,MPH Director of Public Health Jia Abbott,0.N.,Public Health Nurse Janie]Wasiuk,Health Inspector 'Around Smith,Health Inspector Heather McBride.Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON.MA 01060 i This is an important legal document. It may affect your rights. You may obtain a translation of this form at: 212 Main St, Northampton Ma Isto a urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradcao deste documento de: 212 Main St, Northampton Ma Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main St, Northampton Ma 1Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Main Sy Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccibn de esta forma en: 212 Main St, Northampton Ma ITo jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz 1 uzyskac tlumaczenie teo dokumentu w ofisie: 212 Main St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 212 Main Street Northampton, MA 01060 Tel u: (413) 587 - 1214 te: 11/28/2011 JOANNE LEVIN.M.O. STAFF Benjamin Wood,MPH Director of Public Health is Abbott,R.N.,Public Health Nurse laurel Wasiuk,Health Inspector dmund Smith.Health Inspector Heather McBride,Clerk OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 tthority of Chapter II of the State Sanitary Code,as adopted under Chapter 111, Section 3 and 127A and I of the Massachusetts General Laws,the Northampton Board of Health has conducted an inspection of (welling named in the attached report, and found it to be in violation of the Minimum Standard of ass for Human Habitation. A list of the violations is enclosed. are hereby ordered to begin necessary repairs, or contract in writing with a third party within five (5) (of the date on this letter), and to make a good faith effort to substantially correct within thirty (30) days, the date of this letter, all violations recorded on the report. are further ordered to correct any violations followed by an asterix(*)within twenty-four hours of ipt of this notice. These are violations or conditions,which endanger the health, or safety and well-being of tocupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the ipant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection t. A reinspection will be conducted, as indicated, to determine compliance. are entitled to a hearing,provided a written petition is received within seven (7) days. You are also tied to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports, trs and notices. Any adverse parties also have the right to appear at the hearing. ry occupant shall give the owner, agent or employees,access, upon reasonable notice, for the purpose of -ecting these violations. (CMR.810) lure to comply with this order may result in a fine of not less than ten,nor more than five hundred lars; each day constituting a separate violation. It is your responsibility to provide proper workmanship l to obtain the appropriate private permits where necessary. ur immediate attention will be appreciated. If you have any questions,please contact this office. Icerely, :n Wood, MPH rector,Northampton Health Department Inspection Form Northampton Board of Health, 212 Main St., Northampton,MA 01060,413-587-1214 SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation ctor: Edmund Smut nle: If violations are observed and checked,describe them fully on Page 3. 11/2212011 Time:4:30 pm#Occupants: 2 #Children<6 Years 129 Pleasant St. Unit# J CitylTOwn: Northampton :ss: Medina-Rodriquez Phone#687-7237 pant Name: Adelyn Name: Bowditch LLC DBA Northampton Lodging Phone# r :r Address: PO Box 580 City)Town: Williamsburg MA Zip Code: 01096 Rooming Units in Dwelling: #Stories: 2+ground Floor Level of Unit: ground tiling/ Rooms: 1 #Habitable Rooms: 1 aping ctor: Edmund Smut nle: If violations are observed and checked,describe them fully on Page 3. ea or anent Type of Violation Use blank boxes for ones not listed Possible Code Section(s) ✓if Violation Observed Responsible Party Owner Occupa nt G (circle): Front Rear Middle Middle Right Floor Level of Unit- (room 1 Location zLLeft VANT'S Ventilation Ceiling height 401,402 ELLING UNIT screen 501,551 1pt.J) Windows, Wall, Ceiling: BROKEN CEILING TILES 501 X X throom tub, door 150 Toilet,o hinm shower,s Smooth, impervious surfaces—SHOWER 150 X X CAULKING Lights, ventilations 251,280 outlets, Floors/walls/ceiling: BROKEN/MISSING CEILING 254, 200 X X TILES :lichen ,itchen, coot. Sink, stove, oven; good repair, impervious and smooth, space refrig: NOT MAINTAINED IN CONDITION 100,602(d) X X SANITARY Lights, outlets,ventilation, windows, screens 251,280. 501, 251 height 401.402 Ceiling 504 Floor pess - 500 Pests Fleerof pests (rodents, skunks, cockroaches, insects):WOMENS BATHROOMS GROUND 550 X X FLOOR and elimination of harborage 550 Structural maintenance ler al: ❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ This inspection report is signed ?rtitied under the pains and penalties of perjury. :tor Signature: 'ant or Occupant's Representative Signature: pection Date: 116/2012 Time:to be determined Written description of any violation(s)checked above Include Area or Element, code citation and a description of the condition(s) that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. OTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the ealth, safety, and well-being of any person(s)occupying the premises ArealElement, Code Citation and Description of Violation Acceptable Remedies Tenants Bedroom. )0:Owner's Responsibility to Maintain Structural Elements try owner shall maintain the foundation,floors,walls,doors,windows,ceilings,roof, ases,porches,chimneys.and other structural elements of his dwelling so that the dwelling des wind,rain and snow,and is rodent-proof,watertight and free from chronic dampness, veathertight, in good repair and in every way fit for the use intended.Further,he shall Hain every structural element free from holes,cracks,loose plaster,or other defect where holes,cracks,loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. -op ceiling is not maintained: broken and stained tiles in several places. Womens ground floor bathrooms 500: Owner's Responsibility to Maintain Structural Elements ;very owner shall maintain the foundation,floors,walls,doors,windows,ceilings,roof, cases,porches,chimneys,and other structural elements of his dwelling so that the dwelling udes wind,rain and snow,and is rodent-proof,watertight and free from chronic dampness. weathertight,in good repair and in every way fit for the use intended.Further,he shall iMain every structural element free from holes,cracks, loose plaster,or other defect where h holes,cracks,loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. op ceiling is not maintained: broken and stained tiles in numerous places. Repair/replace as necessary: 410.020: Definitions Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105 CMR 410.000 in a work-personlike fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to perform work necessary to correct the violations, such as, but not limited to building, plumbing and wiring that the appropriate official certifies that the work has been completed in accordance with applicable laws and re.ulations Ground floor Kitchen: 1.602:Maintenance of Areas Free from Garbage and Rubbish Common Areas. In any dwelling,the owner shall be responsible for maintaining in a clean I sanitary condition free of garbage,rubbish, other filth or causes of sickness that part of the elling which is used in common by the occupants and which is not occupied or controlled by occupant exclusively. .itchen floor not clean(pooled liquid under table,level of cleanliness poor); utility sink not sanitary. Womens Bathrooms Ground Floor 0.550:Extermination of Insects,Rodents and Skunks Repair/replace as necessary. (see definition of Compliance above) Return to and maintain a clean and sanitary condition. Exterminate and monitor as necessary under direction of e owner of a dwelling containing two or more dwelling units shall maintain it and its is free from all rodents, skunks, cockroaches and insect infestation and shall be MR for exterminating them. 105 CMR: DEPARTMENT OF PUBLIC .TH 1/26/07 105 CMR- 1628,1 ie owner of a rooming house shall maintain it and its premises free from all rodents, ,cockroaches and insect infestation,and shall be responsible for exterminating them. .xtermination shall be accomplished by eliminating the harborage places of insects and a,by removing or making inaccessible materials that may serve as their food or breeding I,by poisoning,spraying,fumigating,trapping or by any other recognized and legal pest nination method.All use of pesticides within the interior of a dwelling,dwelling unit, ag house,or mobile home shall be in accordance with applicable laws and regulations of lepartment of Food and Agriculture's Pesticide Board,including those appearing at 333 13.00,which provide,among other things,that pesticide applicators or their employers t give at least 48 hours pre-notification to occupants of all residential units prior to any to commercial application of pesticides for the control of indoor household or structural indoor pests. German Cockroaches found in bathrooms on walls and on floors. professional pest management. (Note'. Dean Acheson, Maintenance manager,er,11/22/2011 of need for 24 hour follow up on this condition). Womens Bathroom (away from center stairs). 410E00:Owner's Responsibility to Maintain Structural Elements Repair and maintain as necessary. Compliance means meeting all the ery owner shall maintain the foundation,floors,walls,doors,windows,ceilings,rout ass,porches,chimneys,and other structural elements of his dwelling so that the dwelling des wind,rain and snow,and is rodent-proof,watertight and free from chronic dampness, reathertight,in good repair and in every way fit for the use intended.Further,he shall Lain every structural element free from holes,cracks,loose plaster,or other defect where holes,cracks,loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. 50: Washbasins,Toilets Tubs.and Showers requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105 CMR 410.000 In a work-personlike fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to perform work necessary to correct the violations, such as, but not limited to building, plumbing and wiring that the appropriate official certifies that the work has been completed in accordance with applicable laws and regulations. The fixtures as required in 105 CMR 410.150(A)and 410.150(8)shall have smooth and pervious surfaces and be free from defects which make them difficult to keep clean,or create an accident hazard. gap between bottom of shower surround and tub is poorly caulked—not y to clean or impervious. See definition of compliance: this has not been maintained in a"workperson-like manner". FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY N ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. ft Withholding(General Laws Chapter 239 Section 8A). de Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do .ithout being evicted if ou can prove that your dwelling unit or common areas contain violations which are serious enough to tger or materially impair your health or safety and that your landlord knew about the violations before you behind in your rent. )u did not cause the violations and they can be repaired while you continue to live in the building. )u are prepared to pay any portion of the rent into court if a judge orders you to pay for it. (for this it is best t the rent money aside in a safe place.) pair and Deduct(General Laws Chapter 111 Section 127L). law sometimes allows you to use your rent money to make the repairs yourself. If your local code cement agency certifies that there are code violations which endanger or materially impair your health, y or well-being and your landlord has received written notice of the violations, you may be able to use this :dy. If the owner fails to begin necessary repairs (or enter into a written contract to have them made) within days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in year to make the repairs. etaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239 ion 2A). owner may not increase your rent or evict you in retaliation for making a complaint to your local code ircement agency about code violations. If the owner raises your rent or tries to evict within six months after have made the complaint he or she will have to show a good reason for the increase or eviction which is slated to your complaint. You may be able to sue the landlord for damages if he or she tries this. ent Receivership (General Laws Chapter 111 Sections 127C-H). occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into rt rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent ley as is needed to correct the violation. The receiver is not subject to a spending limitation of four months' earch of Warranty of Habitability. 3 may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does net minimum standards of habitability. Jnfair and Deceptive Practices (General Laws Chapter 93A) sting an apartment with code violations is a violation of the consumer protection act and regulations for ich you may sue an owner. E INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU '.CIDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT )U CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES :FICE WHICH IS: Western Mass Legal Services Tel: 413-781-7814 One Monarch Place, Suite 4001 Springfield,MA 01144 BOARD OF HEALTH MEMBERS )ONNA C SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health a Abbott.R.N..Public Health Nurse Imund Smith,Health Inspector aniel Wasiuk,Health Inspector Heather McBride,Clerk • CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH NOTICE OF COMPLIANCE ditch LLC DBA Northampton Lodging Pleasant Street Unit#J hampton MA 01060 212 MAIN STREET NORTHAMPTON,MA 01060 COMPLIANCE WITH ORDERS it Sir or Madam: 11/22/2011 , an initial Housing Inspection was made at the Derty located at _129 Pleasant Street Unit#J , owned or operated by you. Violations e observed and an enforcement letter with rection orders was mailed to you on _11/28/2011_. inal re-inspection was conducted on 1/30/2012 violations noted in the 11/28/2011 brcement letter were found to be corrected and therefore, please note that you have complied with of the correction orders issued in the inspection report. is letter was signed under the pains and penalties of perjury. If you have any questions regarding s matter, please contact me at my office. icerely, imund Smith , Public Health Inspector, City of Northampton ER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM WARDS FOR HUMAN HABITATION" AT: 129 PLEASANT ST. UNIT#22 'BOARD OF HEALTH MEMBERS )ONNA C SAL LOOM,CHAIR SUZANNE SMITH,MD. JOANNE LEVIN,MD. STAFF Benjamin Wad,MPH Director of Public Health R Abbott,R.N..Public Health Nurse )ardd Wasiuk Health Inspector Jmund Smith,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 I This is an important legal document. It may affect your rights. You may obtain a translation of this form at: 212 Main St, Northampton Ma Isto a urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: 212 Main St, Northampton Ma Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main St, Northampton Ma Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Main St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: 212 Main St, Northampton Ma ITo jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212 Main St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 212 Main Street Northampton, MA 01060 Tel u: (413) 587 - 1214 te: 12/8/2011 JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health is Abbott,R.N..Public Health Nurse Daniel Wasiak,Health Inspector Sdmund Smith,Health Inspector Heather McBride,Clerk OFFICE OF THE BOARD OF HEALTH 2Ii MAIN STREET NORTHAMPTON,MA 01060 uthority of Chapter II of the State Sanitary Code, as adopted under Chapter 1l 1, Section 3 and 127A and of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of (welling named in the attached report, and found it to be in violation of the Minimum Standard of ess for Human Habitation. A list of the violations is enclosed. are hereby ordered to begin necessary repairs, or contract in writing with a third party within five (5) (of the date on this letter), and to make a good faith effort to substantially correct within thirty (30) days, f the date of this letter, all violations recorded on the report. l are further ordered to correct any violations followed by an asterix (*) within twenty-four hours of [ipt of this notice. These are violations or conditions, which endanger the health, or safety and well-being of ,ccupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the rpant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection a. A reinspection will be conducted, as indicated,to determine compliance. I are entitled to a hearing,provided a written petition is received within seven (7) days. You are also tied to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports, rs and notices. Any adverse parties also have the right to appear at the hearing. ;ry occupant shall give the owner, agent or employees, access,upon reasonable notice,for the purpose of resting these violations. (CMR.810) lure to comply with this order may result in a fine of not less than ten, nor more than five hundred tars; each day constituting a separate violation. It is your responsibility to provide proper workmanship l to obtain the appropriate private permits where necessary. ur immediate attention will be appreciated. If you have any questions, please contact this office. lcerely, Wood, MPH rector,Northampton Health Department Inspection Form Northampton Board of Health, 212 Main St.,Northampton,MA 01060,413-587-1214 SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation ictor: Edmund smr If violations are observed and checked,describe them fully on Page 3. 1218/2011 Time: 10:30 am #Occupants: 1 #Children<6 Years 00 Type of Violation Use blank boxes for ones not listed Pleasant St. Unit# 22 City/Town: Northampton lit Violation iss:129 Name: Raymond Pothier Phone#unknown Party pant Name: Bowditch LLC DBA Northampton Lodging Phone# it Address:PO Box 580 City/Town: Williamsburg, MA Zip Code: 01096 :r Rooming Units in Dwelling: #Stories: Floor Level of Unit: ellingl Rooms: 1 #Habitable Rooms: Left Middle Right Location (circle): Front Rear Middle 9 Unit eying r.x... uedtn r fnr Level ictor: Edmund smr If violations are observed and checked,describe them fully on Page 3. nral: ❑ Electric ❑ Fire ❑ Plumbing certified under the pains and penalties of perjury. >ector Signature: :upant or Occupant's Representative Signature: nspection Date: 1212812011 Time: 10 a.m. ❑ Building ❑ This inspection report is signed Written description of any violation(s)checked above Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. NOTE: "indicates that this housing inspection has revealed conditions premises which may endanger or materially impair the health, safety, and well-being of any person(s) occupying the g p nem ArealElement, Code Citation and Description of Violation Tenants individual dwelling room (#22): 1.451: Egress Obstructions to occupant shall be responsible for maintaining free from obstruction all means of exit leading from his unit and not common to the exit of any other unit. 1505:Occupant's Responsibility Respecting Structural Elements The occupant shall exercise reasonable care in the use of the floors,walls,doors, ndows,ceilings,roof,staircases,porches,chimneys, and other structural elements of the dwelling. 0.550: Extermination of Insects,Rodents and Skunks Acceptable Remedies Dispose of all trash and rubbish within dwelling unit, clean wall and floor surfaces, report any signs of insect infestation, and maintain henceforth in a clean and sanitary condition. 'ea or amen Type of Violation Use blank boxes for ones not listed Possible Section(s) lit Violation Responsible Party Owner Occupa nt Iroom 1 Left Middle Right Location (circle): Front Rear Middle 9 Unit Floor Level of Ventilation 280 height 200.402 Ceiling 501,551 Windows, screen Wall 500 Tenants maintenance of clean and sanitary conditions in dwelling unit, including: storage of trash and garbage, and not creating harborage for pests; egress from room. 451,505 550, 600ca),600(d), ecz(o1 X X also maintaining nral: ❑ Electric ❑ Fire ❑ Plumbing certified under the pains and penalties of perjury. >ector Signature: :upant or Occupant's Representative Signature: nspection Date: 1212812011 Time: 10 a.m. ❑ Building ❑ This inspection report is signed Written description of any violation(s)checked above Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. NOTE: "indicates that this housing inspection has revealed conditions premises which may endanger or materially impair the health, safety, and well-being of any person(s) occupying the g p nem ArealElement, Code Citation and Description of Violation Tenants individual dwelling room (#22): 1.451: Egress Obstructions to occupant shall be responsible for maintaining free from obstruction all means of exit leading from his unit and not common to the exit of any other unit. 1505:Occupant's Responsibility Respecting Structural Elements The occupant shall exercise reasonable care in the use of the floors,walls,doors, ndows,ceilings,roof,staircases,porches,chimneys, and other structural elements of the dwelling. 0.550: Extermination of Insects,Rodents and Skunks Acceptable Remedies Dispose of all trash and rubbish within dwelling unit, clean wall and floor surfaces, report any signs of insect infestation, and maintain henceforth in a clean and sanitary condition. rtetmination shall be accomplished by eliminating the harborage places of insects tents, by removing or making inaccessible materials that may serve as their food or fig ground.by poisoning, spraying. fumigating,trapping or by any other recognized ,al pest elimination method.410.600:Storage of Garbage and Rubbish irbage or mixed garbage and rubbish shall be stored in watertight receptacles with fling covers. Said receptacles and covers shall be of metal or other durable, rodent- material. Rubbish shall be stored in receptacles of metal or other durable, rodent- naterial. Garbage and rubbish shall be put out for collection no earlier than the day ection. astic bags shall be used to store garbage or mixed rubbish and garbage only if used finer in watertight receptacles with tight-fitting covers as required in 105 CM R )0(A),provided that the plastic bags may be put out for collection except in those where such practice is prohibited by local rule or ordinance or except in those cases the Department of Public Health determines that such practice constitutes a health 'm. For purposes of the preceding sentence, in making its determination the tment shall consider, among other things, evidence of strewn garbage, torn garbage or evidence of rodents. he occupants of each dwelling, dwelling unit,and rooming unit shall be responsible c proper placement of his garbage and rubbish in the receptacles required in 105 410.600(C)or at the point of collection by the owner. 02: Maintenance of Areas Free from Garba•a and Rubbish )welling Units.The occupant of any dwelling unit shall be responsible for maintaining in n and sanitary condition and free of garbage,rubbish,other filth or causes of sickness that fthe dwelling which he exclusively occupies or controls. FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY N ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. it Withholding(General Laws Chapter 239 Section 8A). ie Violations Are Not Being Corrected you may be entitled to hold hack your rent payment. You can do -ithout being evicted if DU can prove that your dwelling unit or common areas contain violations which are serious enough to iger or materially impair your health or safety and that your landlord knew about the violations before you behind in your rent. )a did not cause the violations and they can be repaired while you continue to live in the building. )u are prepared to pay any portion of the rent into court if a judge orders you to pay for it. (for this it is best t the rent money aside in a safe place.) pair and Deduct(General Laws Chapter 111 Section 127L). law sometimes allows you to use your rent money to make the repairs yourself If your local code cement agency certhies that there are code violations which endanger or materially impair your health, y or well-being and your landlord has received written notice of the violations, you may be able to use this dy. If the owner fails to begin necessary repairs (or enter into a written contract to have them made) within days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in year to make the repairs. etaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239 ion 2A). owner may not increase your rent or evict you in retaliation for making a complaint to your local code rcement agency about code violations. If the owner raises your rent or tries to evict within six months after have made the complaint he or she will have to show a good reason for the increase or eviction which is lated to your complaint. You may be able to sue the landlord for damages if he or she tries this. ent Receivership(General Laws Chapter 1 1 1 Sections 127C-H). occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into -t rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent iey as is needed to correct the violation. The receiver is not subject to a spending limitation of four months' earth of Warranty of Habitability. I may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does net a minimum standards of habitability. Jnfair and Deceptive Practices(General Laws Chapter 93A) Icing an apartment with code violations is a violation of the consumer protection act and regulations for ch you may sue an owner. E INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU CIDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT IU CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES FICE WHICH IS: Western Mass Legal Services Tel: 413-781-7814 One Monarch Place, Suite 4001 Springfield, MA 01144 BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health a Abbott,R.N.,Public Health Nurse Imunb Smith,Health Inspector aniel Wasi uk,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH NOTICE OF COMPLIANCE ditch LLC DBA Northampton Lodging Pleasant Street Unit#J hampton MA 01060 212 MAIN STREET NORTHAMPTON,MA 01060 COMPLIANCE WITH ORDERS r Sir or Madam: 12/8/2011 an initial Housing Inspection was made at the Derty located at_129 Pleasant Street Unit#22 , owned or operated by you. ations were observed and an enforcement letter with ection orders was mailed to you on _12/12/2011_ nal re-inspection was conducted on _1/30/2012 violations noted in the 12/12/2011 orcement letter were found to be corrected and therefore, please note that you have complied with of the correction orders issued in the inspection report. is letter was signed under the pains and penalties of perjury. If you have any questions regarding matter, please contact me at my office. Jcerely, Imund Smith , Public Health Inspector, City of Northampton CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS: Donna Salloom, Chair—.Joanne Levin, MD Suzanne Smith, MPH, MD— William Hargraves—Cynthia Suopis, PhD STAFF Meredith O'Leary,RS, Director-Daniel Wasiak.Inspector-Edmund Smuts Inspector-Jennie,-Brown,RN Nurse CORRECTION ORDER Issued under the Provisions of The State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation 105 CMR 410.00 Note: This is an important legal document that might affect your rights. Este es un documento legal importante que podria afectar sus derechos. September 11,2013 Northampton Lodging: c/o John Pitzi,243 Williamsburg Road, Wmsbg. MA 01096 Dear Property Owner/Manager: An authorized inspection was made by a designee of the Northampton Health Department of your property located at 129 Pleasant Street,Northampton, MA on, September 9, 2013. You are hereby ORDERED to correct these violations within the noted time limit. Failure to comply within the allotted time period may result in a criminal complaint against you. You have a right to request a hearing before the Board of Health. This request must be made by you, in writing, and filed within 7 days after the violation has been corrected. If you request a hearing, all affected parties will be informed of the date, time, and place of the hearing, and of their right to inspect and copy all records concerning the matter to be heard. The petitioner has the right to be represented at the hearing. Sincerely, Edmund Smith Health Inspector.Northampton Health Department C:Occupant • NOTE.All violations that are deemed conditions that may endanger or impair health.safety or well-being,must be corrected within denoted time frame. All other necessary violations,the landlord must begin to make the repairs or contract with a repair person On writing)within five days of receiving this order and complete repairs with 30 days of receiving this order. NOTE: Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105 CMR 410.000 in a work person like fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to perform work necessary to correct the violations, such as, but not limited to building, plumbing and wiring that the appropriate officials certifies that the work has been completed n accordance with applicable laws and regulations. 105 CMR 410 State Sanitary Code Regulation# Description X Conditions may endanger or impair health, safety or well-being Compliance Date Days from inspection date Re- Inspection Violation Corrected Yes/No ] 550 Evidence of Bedbug Infestation. Occupant supplied 2 live bedbugs; 1 captured in her unit and another in unit G, occupant of unit B also claimed ongoing bedbugs and stated she has been bitten in this past week. Note: Property manager J. Pitzi accompanied Inspector Smith to each unit with the prior permission of each occupant; Mr. Pitzi called later same day to say treatment was arranged and treatment of Room 0 and inspection of its' adjacent rooms, as well as inspection of Units G and B would occur 9/11/2013 with Minuteman Pest Control. Correction to begin within 5 days of receipt of this notice; correction efforts to continue until infestation abated. NOTE: Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105 CMR 410.000 in a work person like fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to perform work necessary to correct the violations, such as, but not limited to building, plumbing and wiring that the appropriate officials certifies that the work has been completed n accordance with applicable laws and regulations. CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS: Donna Salloom, Chair—.Joanne Levin, MD—Suzanne Smith, MPH, MD- William Hargraves—Cynthia Suopis, PhD STAFF Merriduh O'Leary RS Director—Daniel Waswk,Inspector—Edmund Smih.Inspector—Jennifer Braun.RN Nurse CORRECTION ORDER Issued under the Provisions of The State Sanitary Code,Chapter II, Minimum Standards of Fitness for Human Habitation 105 CMR 410.00 Note: This is an important legal document Mat might affect your rights. Este es un documento legal importante que podria afectar sus derechos. 1/2/2014 Property Manager:Northampton Lodging, 129 Pleasant Street.Northampton MA 01060 (Mailing to: John Pitzi, 243 Williamsburg Road, Wmsbg. MA 01096 Occupant: Winston Bancroft Jr., Unit#15, 129 Pleasant Street,Northampton MA 01060 Dear Property Owner/Manager: An authorized inspection was made by a designee of the Northampton Health Department of your property located at 129 Pleasant Street—Unit#15 , Northampton, MA on 1/2/2013. You are hereby ORDERED to correct these violations within the noted time limit. Failure to comply within the allotted time period may result in a criminal complaint against you. You have a right to request a hearing before the Board of Health. This request must be made by you, in writing, and filed within 7 days after the violation has been corrected. If you request a hearing, all affected parties will be informed of the date, time, and place of the hearing, and of their right to inspect and copy all records concerning the matter to be heard. The petitioner has the right to be represented at the hearing. Sincerely, Edmund Smith Health Inspector, City of Northampton MA C: occupant and manager NOTE:All violations that are deemed conditions that may endanger or impair health,safety or well-being,must be corrected within denoted time frame. All other necessary violations,the landlord must begin to make the repairs or contract with a repair person On writing)within five days of receiving this order and complete repairs with 30 days of receiving this order. NOTE: Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105 CMR 410.000 in a work person like fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to perform work necessary to correct the violations, such as, but not limited to building, plumbing and wiring that the appropriate officials certifies that the work has been completed n accordance with applicable laws and regulations. 105 CMR 410 State Sanitary Code Regulation# Description X Conditions may endanger or impair health, safety or well-being Compliance Date Days from inspection date Re- Inspection Violation Corrected Yes/No is ;0) 250 Ceiling light fixture: light does not work Owner's responsibility, 30 days to correct is :0) 550(B) Owner of multi-unit shall maintain free of pests: American and German cockroaches seen from doorway. Owner's responsibility, 5 days to begin correction it's ;0) 505, 550 Occupants Responsibility Respecting Structural Elements: Excessive accumulation of debris and possessions floor to ceiling prevent cleaning and provide harborage and food to support infestation of pests X Occupants responsibility. 24 hours to begin correction it's I0) 602(B) Occupant's responsibility to maintain unit so that it is clean and sanitary free of garbage, rubbish & other filth or causes of sickness that part of the dwelling which he exclusively occupies or controls. X Occupants responsibility: 24 hours to begin correction its 20) 700 Inspectors duty to classify violations: extreme accumulation of possessions and debris in this SRO occupancy presents maintenance, egress, and pest problems that endanger the occupant, his neighbors, and first responders to any emergency in this or adjoining units. X Occupants responsibility: 24 hours to begin correction its 2O) 451 Egress Obstructions: the occupant shall be responsible for maintaining free from obstruction all means of edit leading from his unit and not common to the exit of any other unit. X Occupants responsibility: 24 hours to begin correction its 20) 500, 810 Owners responsibility to Maintain structural elements: owners cannot inspect or maintain unit in present condition X Owner's responsibility to maintain; occupants responsibility to give access; 24 hours to begin correction it's 20) 831 Dwellings unfit for Human Habitation: in consideration of above stated conditions, this unit is deemed uninhabitable. X Occupants responsibility to vacate immediately. NOTE: Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105 CMR 410.000 in a work person like fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to perform work necessary to correct the violations, such as, but not limited to building, plumbing and wiring that the appropriate officials certifies that the work has been completed n accordance with applicable laws and regulations. Northampton Health Department 212 Main Street Northampton, MA 01060 (413)597-1214 Inspection Form State Sanitary Code 105 CMR 410.000: Chapter 11, Minimum Standards of Fitness for Human Habitation 5/1/2014 Time 10:30 am—1:30 pm #Occupants If Children<6 Years rant Name Various Phone it ass 129 Pleasant Street, Unit M City/Town Northampton,MA 58 Dwelling Units :r Name: Bowditch LLC (Scott Phaneuf Property Manager present at inspection) Phone# 584-9245 wr Address 129 Pleasant Street City/Town Northampton MA Zip Code 01060 ctor Edmund Smith Title Health Inspector Type of Violation Possible Code Seetionisi sdif Violation Observed Responsible P rty Description Omer Occupant Locks,striker mechanism(4 or more units) 480 Posting,ID,Exit signs/emergency lights 481,483,484 Handrails,steps,doors,windows,roof-maintenance 500,503 Weather tight elements 501 Rubbish-storage and collection 600,601 Yard maintenance-trash,debris,vegetation 602 Maintenance of area 500 Doors,lights,windows—weather tight,maintenance 501,500 Egress—means,obstructed,safe 450,451,452 Handrails—provided,maintenance 503,500 Lights 254 Floor,walls,ceiling-maintenance 500 Railings,stairs 503.500 Doors,windows—weather tight,maintenance 501,500 Location(circle): Front Rear Middle Floor Level of Unit Refrigerator,sink,stove,oven-good repair,impervious and smooth 100 Floor,walls,ceiling-maintenance 500 Outlets,lights 251 Windows,screens—weather tight,lock,maintenance, provided 501,480,500, 551 Non-absorbent floor 504 Outlets,lights 250 Floors,walls,ceiling 500,451 Windows,screens-lock,weather tight,maintenance, provided 501,480,500, 551 Type of Violation Possible Code Section(s) 14 violation Observed Responsible P M Description maw occupant Floors,walls,ceiling 500,451 X X Ceiling tiles in poor condition Outlets,lights 250 Windows,screens—weather tight,locks,maintenance, provided 501,480, 500, 551 Floors,walls,ceiling 500 Floor tiles in poor condition Outlets,lights 250 Windows,screens—weather tight,locks,maintenance, provided 501,480, 500, 551 Floors,walls,ceiling 500 Outlets,lights 250 Windows,screens—weather tight,locks,maintenance, provided 501,488 500, 551 Sink,shower,tub—impervious,maintenance 150,500 Lights,outlets 250 Ventilation—natural,mechanical 280 Floors,walls,ceiling—maintenance 500,504 Maintenance,weathertight 500,501 Lighting 253 Fuel Type(circle): Public Private Potable,quantity,pressure 180,354 Responsible for paying MGL ch 186 s 22,metering Fuel Type(circle): Natural Gas Oil Electric Other Temp.: °f Location taken: 190 '110°f min-130 max°f Type(circle): Forced Hot Water Forced Hot Air Steam Electric 200,201 No portable units Bathroom °f "Habitable room and every room with toilet,shower, tub" Kitchen °f Living Room °f • Min 68°f 7:00am-1059pm Min 64©f 11:00-6:59am Bedroom 1 °f Bedroom 2 °f • 78 F max in heating season/measure 5 feet wall,5 feet floor Cooper TM99A-UL Digital Thermometer used to take temperature readings Type(circle): 110 220 Amp: Amperage,temporary wiring,metering 250,255,256,354 Required&operational 482 X X Fire Inspector has followed up directh, On units lacking protection(5/1/14) Note:CO detector not needed for all electric! Free of pests/harborage:Rooms 42,41,23,24,28,31, 36,35,34,32,12,9,8,2,K:these rooms confirmed evidence 550 X X Bedbugs observed Bedbugs/cockroaches/rodents—cockroaches were found in most bedbug rooms and all hallways. 550 X X Cockroaches;drain flies observed in h 12,9 Type of violation Possible Code sectionls) id Violation Observed Resp P nsible rty Description loom 22 500: Floor tiles in very poor condition. Owner OCCupant Both rooms of apartment 600,601,602 X X Unit M:Improper storage of filth and Creating hazardous situation for Occupant and neighbors ral: ❑ Electric X Fire ❑ Plumbing El Building ❑ Other 9spection report is signed and certified under the pains and penalties of perjury. ctor Signature 'ant or Occupant's Representative Signature ;pection Date 5/8/2014 Time to be determined OTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair le health,safety,and well-being of any person(s)occupying the premises a/Element Code Citation and Description of Violation Is 23,5, 7, 9, 1, and others s needed 500, 352(B), Ceiling tiles in poor condition. loom 22 500: Floor tiles in very poor condition. loom 23 500:entire room in poor condition:floors,walls, ceiling need rehabbing (occupied). bedrooms 482:All rooms must have working smoke detectors. bedrooms firmed in 42, !4,28,31,36,35, to 12,9,8,2,in 550(C,D), 750(0)(5): Obvious confirmed infestation and harborage of bed bugs, roaches and drain flies;full facility treatment required with appropriate follow-up visits to ensure compliance; replacement of mattresses not required but all mattresses to be encapsulated after treatment and in the future. Unit M 500,482, 550,550, 600, 601, 602: Condemned;to be first rehabbed by professional cleaners qualified to clean up biohazards (after relocation of occupant),then repairs as needed to comply with all applicable health codes. Note: these orders will be expanded as necessary; numerous other instances of deferred maintenance were noted but not comprehensively. It is ordered that in concurrence with current best practices,this Department does not order the replacement of every infected mattress but rather the treatment and encasement of every mattress in order to give every advantage to the certified pesticide applicators working to abate this endemic problem. 410.990'. continued THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS 11.11'USE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. 1. Rent W idt oldies(General Law,Chapter 259 Section SAL ifC'ode Violations Sze-Vat Being Cm,ecvcd you Mal he ermined to hold back)our n rrt pgnnanr- You Can do dire ridmit being mined if You can prove that your dwelling unit or conunon areas contain violations which are eeiio s enough to ettdansa or materially impair corn health or safely and that you'landlord knevv arc-bout the violations before you were behind in yeti ram You did not cause the violation;and they can be repaired while you contiune w lire In the litulding You e prepared to pay any portion of the rent into court if ajudge orders you to pay for it (for this h is best to put the ant money aside in a safe place.) Repair and Deduct(General Laos Chapter Ill Section 13"L). This law sotuctintet allows you to the yon rem money to make the repairs yourself. If your local code enlwcemma agency e infers that there are code violations Much endanger o materially impair your health,safety or well-being and;Our landlord has received wnttenrodce of the violation. you nay be able to use this remedy. 1f the owner fails to begin necessary repair for enter mho a siren contract to have them node)within five days after notice or to complete repaint wttnin 14 days afar nonce you can use up to Tom month;tent in any vear to make the t epairs. 3. Retaliatory Rent Intheasei or Eviction Prohibited(General Laws Chapter 1S6. Section 18 and Chapter 239 Section TA). The()utfee mar not Increase row v Cut or Giver yon in retaliation for snaking a complaint to your local cock enforcement agency about code violation If the owne raises your rent or to etc t within six months after you lace made the complaint he or she mill have to show a good reason for the increase or ea 2111(.11 is unrelated to yarn complaint. You may be able to sue the landlord for damages if he or she tries this 4. Rent Receivership(General Law Chapter 111 Sections L`-C-H). The occupants and or the board of health may pennon the Ethnic or Supenot Court to allow tent to be paid into rout rather than m the owner. The out may then appoint a"recen et'who may spend a;much of the rem money as is needed to rotaeat the violation. I1w receiver is not subject to a spending limitation of four month; 5, Search of Wan nitty of Habitability, You maybe entitled to sue you landlord to have all or some ofyour relit retuned if vats chrelhmg unit does net meet minimum standards of habitability 6. Unfair and Deceptive Practices(General Laws Chapter 93.41 Ravine an apartment with code violations i a violation of the covstuter protection act and remdations for which you may sue an ow net IHE INFORMATION PRESEN 1 ED ABOVE IS ONLY A SUMALARYOF THE LAW-BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION IT IS ADVISABLE THATYOUCONSULT AN ATTORNEY.YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS, (NAME) (TELEPHONE Nth ER) (ADDRESS) CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS: Donna Salloom, Chair—Joanne Levin, MD—Suzanne Smith, MD, MPH William Hargraves—Cynthia Suopis, PhD STAFF: Merridith O'Leary.RS. Director—Daniel Wasiuk Inspector—Edmund Smith. Inspector—Lisa Steinbock,Rti,Nurse May 1, 2014 129 Pleasant Street, Unit M CONDEMNED Until Further Notice As per Order of the Northampton Board of Health No persons are allowed on these grounds Merridith A. O'Leary, R.S. Public Health Director City of Northampton 212 Main Street,Northampton,MA 01060 Ph (413)587-1214 Fax(413)587-1221 CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS: Donna Salloom, Chair—Joanne Levin, MD—Suzanne Smith, MPH, MD William Hargraves—Cynthia Suopis, PhD STAFF-Merridith O'Leary,RS,Director—Daniel Wasiuk, Inspector Edmund Smith. Inspector—Lisa Steinback RN, Nurse EMERGENCY CONDEMNATION AND ORDER TO VACATE Finding of Unfitness for Human Habitation and Determination of Immediate Danger rdance with M.G.L. C. III, §§ 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General strative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for I labitation Merridith O'Leary, Sanitarian for the City of Northampton Health Department conducted an on on May 1 2014 of a dwelling located at 129 Pleasant Street - Unit M, Northampton, MA. A copy of the on report is annexed hereto. to the results of that inspection,the Northampton Board of Health finds that the dwelling is unfit for human habitation. it to M.G.L. C. 127 B and 105 CMR 410.831 (D), the Board further finds that the conditions within the dwelling are at the danger to life or health of the occupants of the subject dwelling is so immediate that no delay may be permitted ng this finding. ons found within the dwelling, which give rise to the emergency finding of unfitness and determination of ate danger, include, but are not limited to: Extreme conditions of filth and squalor - trash cans and bags ring unknown liquids and moist solids, suspected to be human waste; infestation of drain flies and aches, and possibly bed bugs; overcrowded unsanitary conditions making cleaning and maintenance ible, and denying access or egress in the event of an emergency. A dozen or more garbage bags half filled 'aids located in the bedroom and main room forced an end to inspection because of the danger of creating a unknown and possibly hazardous contents into the rooms and hallway adjacent. No evidence of any cleaning time, and an evident inability to recognize unhealthy and unsanitary conditions make remediation by a ional hazards cleaning crew a requirement for correction. Occupant(s) must be relocated by building owner cupant may only remove under supervision such clothing necessary for the next two days, and only if liately washed and dried under observation of building management. All other items to remain in room until fined to be non-hazardous by professional cleaner and/or certified pesticide management professional. ipon these findings,any and all occupants are hereby ordered to vacate, and the landlord/owner is ordered to the subject dwelling within 48 hours of receipt of this order. Entry is only permissible during the hours of 7:00 5:00 P.M. for the purpose of cleaning and repairing the dwelling. You are hereby notified that any person is found in the dwelling other than the hours specified herein are subject to removal and maybe charged with using. aerson refuses to leave a dwelling or portion thereof, which was ordered condemned and vacated they may be removed by the local Board of Health (MGL. e. 111, §127B), or by local police authorities at request of the of Health. Once vacated, this building may not be occupied and the placard shall not be removed without the approval of the Board of Health ye the right to request a hearing before the Board of Health. This request must be made by you, in writing,and ithin 7 days after the day this order was served. You have the right to be represented by counsel and any d party has a right to appear at said hearing. more, anyone who fails to comply with any order of the Board of Health may be subject to fines ranging from $10- rach day's failure to comply with an order shall constitute a separate violation. ith O'Leary. RS, Director Northampton Health Department :upants,NFD,NPD, Solicitor tified Return Receipt Requested 212 Main Street,Northampton,MA 01060 Ph (413)587-1214 Fax(413)587-1221 212 Main Street,Northampton,MA 01060 Ph(413)587-1214 Fax(413)587-1221 Northampton Health Department 212 Main Street Northampton,MA 01060 (413)597-1214 Inspection Form State Sanitary Code 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation 5/1/2014 Time 1:15 pm #Occupants 1 #Children<6 Years Font Name Dennis Lapointe Phone# iss 129 Pleasant Street,Unit M City/Town Northampton, MA Apt#M r Name:Bowditch LLC (Scott Phaneuf Property Manager present at inspection) Phone# Address 129 Pleasant Street City/Town Northampton MA Zip Code 01060 ctor Edmund Smith Title Health Inspector Type of visitation Possible code sealants) lavioiation observed Responsible Pam Description osoo, occupant Locks,striker mechanism l4 or more units) 480 Posting,ID,Exit signs/emergency lights 481,483,484 Handrails,steps,doors,windows,roof-maintenance 500,503 Weather tight elements 501 Rubbish-storage and collection 600,601 Yard maintenance-trash,debris,vegetation 602 Maintenance of area 500 Doors,lights,windows-weather tight,maintenance 501,500 Egress-means,obstructed,safe 450,451,452 Handrails-provided,maintenance 503,500 Lights 254 Floor,walls,ceiling-maintenance 500 Railings,stairs 503,500 Doors,windows-weather tight,maintenance 501,500 Location(circle): Front Rear Middle Floor Level of Unit Refrigerator,sink,stove,oven-good repair,impervious and smooth 100 Floor,walls,ceiling-maintenance 500 Outlets,lights 251 Windows,screens-weather tight,lock,maintenance, provided 501,480,500, 551 Non-absorbent floor 504 Outlets,lights 250 Floors,walls,ceiling 500,451 X X All surfaces filthy,amount of possessi Make cleaning/repairs impossible Windows,screens-lack,weather tight,maintenance, provided 501.480,500, 551 Type of violation Possible Code Settionlsl JR violation Observed Responsible P rty Description Floors,walls,ceiling 500,451 X X All surfaces filthy,amount of possessi Make cleaning/repairs impossible Outlets,lights 250 Windows,screens—weather tight,locks,maintenance, provided 501,480, 500, 551 Floors,walls,ceiling 500 Outlets,lights 250 Windows,screens—weather tight,locks,maintenance, provided 501,480, 500, 551 Floors,walls,ceiling 500 Outlets,lights 250 Windows,screens—weather tight,locks,maintenance, provided 501,480, 500, 551 Sink,shower,tub—impervious,maintenance 150,500 Lights,outlets 250 ventilation—natural,mechanical _ 280 Floors,walls,ceiling—maintenance 500,504 Maintenance,weather-tight 500,501 Lighting 253 Fuel Type(circle): Public Private Potable,quantity,pressure 180,354 Responsible for paying MGL oh 186 s 22,metering Fuel Type(circle): Natural Gas Oil Electric Other Temp.: °f Location taken: 190 *110°f min-130 mav°f Type(circle): Forced Hot Water Forced Hot Air Steam Electric 200,201 No portable units Bathroom °f "Habitable room and every room with toilet,shower, tub" Kitchen °f Living Room °f • Min 68°f 2:00am-10:59pm Min 64 nf 11:00-659am Bedroom 1 °f Bedroom 2 °f • 78 F max in heating season/measure 5 feet wall,5 feet floor Cooper TM99A-UL Digital Thermometer used to take temperature readings Type(circle): 110 220 Amp: Amperage,temporary wiring,metering 250,255,256,354 Required&operational 462 X X Must he checked-not confirmed by This inspector(5/1/14:email sent to Fire Inspector) Note:CO detector not needed for all electric! Free of pests/harborage 550 X X Cockroaches and drain flies identified Bedbugs suspected but inspection Curtailed by hazards Type of Violation Possible Code Section(s) /ifYmbtion Observed Responsible P fly Description g Room and ledroom 450, 750(G): Egress hampered by occupants possessions and accumulated filth g Room and ledroom 482: Smoke/CO alarms unable to be tested by Health Inspector/must be checked by owner Bedbugs/cockroaches/rodents-evidence 550 X X Cockroaches and drain flies identified Bedbugs suspected but inspection Curtailed by hazards Both rooms of apartment 600,sot,sot X X Improper storage of filth and garbage Creating hazardous situation for Occupant and neighbors ral: ❑ Electric X Fire ❑ Plumbing ❑ Building ❑ Other tspection report is signed and certified under the pains and penalties of perjury. ctor Signature 'ant or Occupant's Representative Signature ;pection Date 5/8/2014 Time to be determined 011: 'indicates that this housing inspection has revealed conditions which may endanger or materially impair le health,safety,and well-being of any person(s)occupying the premises a/Element Code Citation and Description of Violation * g Room and ledroom 500,602(6),352(B), 750(1): Floors,walls,ceilings in extreme need of cleaning or renovation, hazardous substances suspected,cleaning by professionals required. g Room and ledroom 450, 750(G): Egress hampered by occupants possessions and accumulated filth g Room and ledroom 482: Smoke/CO alarms unable to be tested by Health Inspector/must be checked by owner g Room and ledroom 550(C,D),750(0)(5): Obvious confirmed infestation and harborage of roaches and drain flies; bed bugs suspected and inspection by professionals required -II()990: continued THE FOL IS A BRIEF SUMMARY OE SOME OF THE LE.,ALREVEDIES 1 ECANTSMAY[SE IN ORDER 1:0 GET HOUSING CODE\10LA IONS C ORRECTED. I. Rent Withholding(General Lau,Chapter 239 Section SA1 If Co i'Vrol.uions an Vat Beare Cur reed 1vu vim hi I mined Trig IL uhour being mewed If A. Yon can In ore that your duelling unit a■ corm endmnde, o materially impair your health or>aI before you n-ere behind in our I nn. Y u can o0 a,mmtnut iolations ulI cli nie serum. ci Out sou landlord lame an-bout the notch to olations B. You did not carne the violations and they can be mpnired while you continue m hie nn the bnddine C. You are prepared to pay any putt own of the ten ado court if a ptde orders yon to pay hu It (for this it is _ best to put the rent money aside in a safe placer Repair and Deduct■Geurnl Lath Chapter III Section 126L.. T'hh law sometimes aliens s you ro the your rear money to make the repairs vow eIf. if our local code eV-art-carom(Tara r rnies that There are code notations which etdenaet or ntatenalh imtpair ur health.safety or well-being and your u landlord has received riven notice of the viola Lions.you may be able ro use this remedy. If the ou nei tails to begin neck,ry aepain an ewer into a etkten cwmact to Rave then under within hie dasa after notice or to complete tepnii k u'thin14 daysather uon.e cot can use up to four mouth_ cm nI any year to make the I pairs_ 3. Retaliatory Rent Increases or Es radon PmWtited(General Lane C barer I S6.Section IS and Chapter 239 Section 24). The osier Prat' nn mgr ease roar rear or tern yon in neulianon Ion makine a mmpta[m m your local code enforcement aeencc about code vlolarions. If'lie as sir afse your cent orIt Losmcoin u ithnt six much after you have node the complaint he of she will have to klmu a aood reaou for the melee se o es ice uhSch la wuelatert out complaint. You ntak be able to sue the landlord foul dvtmges if he or she aids dtiz. A. Rent Receivership(General Las,s Chapter III Sections l2T-II i. The occupants and or the bond of health may petition the Disaict or Superen (bum to allow rent to be paid into coon rather than m the oeieu. The court may then appoint a"Iecelter"oho may spend as inuch of dm tent motley a b needed to conect ilieciolnr ion. The receiver is not o Flee TO a spendiue Iinitanou of foul months'rent. S Search of\lartanty of Habitability. You may be entitled to sue coin landlord to have all m souse ofyom rent schussed it soum dwelling meet nuninmnt standards of habitabulin'. 6. Unfair and Deceptise Practices(Ocne'al Laws Chapter 93_1 Renting an apartment aid'code violation,is a violation of the cot Liner protection act and mgr niorh for which you may sue an comer THE INEORVIAIIO't PRESEN I ED ABOVE IS ONLY A SUADWRY OFTHE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR REST OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY.YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS. (NAME) (TELEPHONE NLy IBERi ADDRESS CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS: Donna Sailoom, Chair—Joanne Levin, MD—Suzanne Smith, MPH, MD— William Hargraves—Cynthia Suopis, PhD STAFF:Menrdith O'Leary,RS.Direeror-Daniel Wasiuk. Inspector-Edmund Smith Inspector-Lisa Sielnbock, RN.Nurse CORRECTION ORDER Issued under the Provisions of The State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation 105 CMR 410.00 Note: This is an important legal document that might affect your rights. Este es un documento legal importante que podria afectar sus derechos. May 29, 2014 Elmore Shamburg, Occupant, Unit 26 129 Pleasant Street, Northampton MA 01060 Dear Occupant: An authorized inspection was made by a designee of the Northampton Health Department of your residencelocated at 129 Pleasant Street Unit 26 , Northampton MA 01060. You are hereby ORDERED to correct these violations within the noted time limit. Failure to comply within the allotted time period may result in a criminal complaint against you. You have a right to request a hearing before the Board of Health. This request must be made by you, in writing, and filed within 7 days after the violation has been corrected. If you request a hearing, all affected parties will be informed of the date, time, and place of the hearing, and of their right to inspect and copy all records concerning the matter to be heard. The petitioner has the right to be represented at the hearing. Sincerely, Edmund Smith, Health Inspector, City of Northampton Cc: Property Owner 105 CMR 41O State Sanitary Code Regulation# - Description X Conditions may endanger or impair health, safety or well-being Compliance Date Days from inspection date Re- Inspection Violation Corrected Yes/No is 3 450, 451 410.450: Means of Egress X 24 hours Every dwelling unit, and rooming unit shall have as many means of exit as will allow for the safe passage of all people in accordance with 780 CMR 104.0, 105.1. and 805.0 of the Massachusetts State Building Code. 410451: Egress Obstructions No person shall obstruct any exit or passageway. The owner is responsible for maintaining free from obstruction every exit used or intended for use by occupants of more than one dwelling unit or rooming unit. The occupant shall be responsible for maintaining free from obstruction all means of exit leading from his unit and not common to the exit of any other unit. f3 g 505 410.505: Occupant's Responsibility Respecting Structural Elements The occupant shall exercise reasonable care in the use of the floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of the dwelling. f5 g 550 (D) 410.550: Extermination of Insects Rodents and Skunks 5 days to correct (D) Extermination shall be accomplished by eliminating the harborage places of Insects and rodents by removing or making inaccessible materials that may serve as their food or breeding ground it's 9 600(A)(D) 410.600: Storage of Garbage and Rubbish X 24 hours to correct (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers. Said receptacles and covers shall he 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. (0) The occupants of each dwelling, dwelling unit, and rooming unit shall be responsible for the proper placement of his garbage and rubbish in the receptacles required in 105 CMR 410.600(C) or at the point of collection by the owner. 's 602(B) - 410.602: Maintenance of Areas Free from Garbage and X 24 Hours to Correct Rubbish (B) DweIlino 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 he exclusively occupies or controls. 750(0)0) 410.750: Conditions Deemed to Endanger or Impair X 24 Hours to Correct Health or Safety (C) Failure to provide adequate exits,or the obstruction of any exit, passageway or common area caused by any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450,410.451 and 410.452. (I) Failure to comply with any provisions of 105 CMR 410.600, 410.601, or 410.602 which results in any accumulation of garbage,rubbish,filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. EMERGENCY CONDEMNATION AND ORDER TO VACATE Finding of Unfitness for Human Habitation and Determination of Immediate Danger :cordance with M.G.L. C. III, §§ 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General tinistrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for tan Habitation, Merridith O'Leary, Sanitarian for the City of Northampton Health Department conducted an action on July I 0.2013 of a dwelling located at 129 Pleasant Street, Unit#41, Northampton, MA. A copy of the action report is annexed hereto. d on the results of that inspection, the Northampton Board of Health finds that the dwelling is unfit for human tation. Pursuant to M.C.L. C. 127 B and 105 CMR 410.831 (D), the Board further finds that the conditions within Iwelling are such that the danger to life or health of the occupants of the subject dwelling is so immediate that no y may be permitted in making this finding. ditions found within the dwelling, which give rise to the emergency finding of unfitness and determination of ediate danger, include,but are not limited to: Extreme hoarding of trash and garbage reaching depths of 4 feet in Iglc room occupancy dwelling unit, Egress is blocked, obvious evidence of cockroach infestation (German & ;rican), AC unit left running and obstructed by debris. Occupant not found at home. d upon these findings, any and all occupants are hereby ordered to vacate, and the landlord/owner is ordered to re the subject dwelling within 48 hours of receipt of this order. Entry is only permissible during the hours of 7:00 L to 5:00 P.M. for the purpose of cleaning and repairing the dwelling. You are hereby notified that any person m is found in the dwelling other than the hours specified herein are subject to removal and may be charged with sassing. ty person refuses to leave a dwelling or portion thereof, which was ordered condemned and vacated they may orcibly removed by the local Board of Health (MGL. c. 111, §1278), or by local police authorities at request le Board of Health. Once vacated, this building may not be occupied and the placard shall not be removed tout the written approval of the Board of Health have the right to request a hearing before the Board of Health. This request must be made by you, in writing, and I within 7 days after the day this order was served. You have the right to be represented by counsel and any cted party has a right to appear at said hearing. hertnore, anyone who fails to comply with any order of the Board of Health may be subject to fines ranging a $10-5500. Each day's failure to comply with an order shall constitute a separate violation. rridith O'Leary, Sanitarian, City of Northampton Ilealth Department Occupant, Landlord,NFD, NPD tified Return Receipt Requested CFI I IIALL,70 ALLEN STRE:EL PITTSFIEI.p,MA 01201 TEL. (4133 499.9411 FAX(413)448.9198 CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS: Donna Sal loom, Chair Joanne Levin, MD-Suzanne Smith, MPH, MD William Hargraves-Cynthia Suopis, PhD STAFF:Merridith O'Leary, RS Director-Daniel Wasiuk, Inspector-Edmund Smith,Inspector-Jennifer Brown RN,Nurse EMERGENCY CONDEMNATION AND ORDER TO VACATE Finding of Unfitness for Human Habitation and Determination of Immediate Danger ■ dance with M.G.L. C. I11, §§ 127A and 127B. 105 CMR 400.000: State Sanitary Code, Chapter I: General strative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Habitation, Merridith O'Leary, Sanitarian for the City of Northampton Health Department conducted an on on January 2, 2014 of a dwelling located at 129 Pleasant Street (Unit 15). Northampton, MA. A copy of the on report is annexed hereto. ,n the results of that inspection,the Northampton Board of Health finds that the dwelling is unfit for human habitation. It to M.O.L. C. 127 B and 105 CMR 410.831 (D), the Board further finds that the conditions within the dwelling are at the danger to life or health of the occupants of the subject dwelling is so immediate that no delay may be permitted ng this finding. ons found within the dwelling, which give rise to the emergency finding of unfitness and determination of ate danger, include, but are not limited to: Excessive accumulation of Occupant's possessions and debris .t egress for occupant and emergency responders (condition discovered during fire in adjacent unit; present ons prevent routine or emergency maintenance access; present conditions also provide confirmed harborage ible infestations of at least two pests (American & German Cockroaches); accumulation also presents a fire and an avalanche hazard to the occupant. upon these findings,any and all occupants are hereby ordered to vacate, and the landlord/owner is ordered to the subject dwelling within 48 hours of receipt of this order. Entry is only permissible during the hours of 7:00 1 5:00 P.M. for the purpose of cleaning and repairing the dwelling. You are hereby notified that any person is found in the dwelling other than the hours specified herein are subject to removal and may be charged with ;sing. person refuses to leave a dwelling or portion thereof, which was ordered condemned and vacated they may be t removed by the local Board of Health (MGL. c. III, §1278), or by local police authorities at request of the of Health. Once vacated, this building may not be occupied and the placard shall not be removed without the approval of the Board of Health ve the right to request a hearing before the Board of Health. This request must be made by you, in writing, and 'ithin 7 days after the day this order was served. You have the right to be represented by counsel and any d party has a right to appear at said hearing. more, anyone who fails to comply with any order of the Board of Health may be subject to fines ranging from $10- Each day's failure to comply with an order shall constitute a separate violation. lith O'Leary, Sanitarian; Director,Northampton Health Department cupants,NFD,NPD, Solicitor :d Return Receipt Requested 212 Main Street,Northampton,MA 01060 Ph(413)587-1214 Fax(413)587-1221