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317 #2 Complaints & Emails c lk I �� �o ■?i)11) -) Vw /-rdc' a I -thAnro\i-, S Inspector Signature ate: 9 In ITime: 7'Sc.__I Map: I Parcel: ame of Complainant: 3y—'1,r Re r�/ 1 v� ddress: q (7-/ Ra Tel:Th-5680 NATURE OF COMPLAINT: - W .4.r 4w 1 1. {a3 ¢r..-., +.P ' i. olot ( uslar dru-A>9 - oft_ S�r'"L�'r" fS3•�C:_ Location: Owner: Address: Taken by: 586 -611Th 34crL ctt 7-142 Vtv( E,iLG- O I Tel: I Date of Inspection: 772.2 INSPECTOR'S REPORT: -k:l<L • - ("tux (cAaNO ITime: ? Action Taken: mID,mii.iii.i tn,ii 'e Commonwealth of Massachusetts Housing Court Department Western Housing Court 37 Elm Street P.O. Box 559 Springfield, MA 01102-0559 (413)748-7838 Peter Q Menton Clerk Magtsirate I lonorublc Dm u F Pcin FirstJU.fine Re: Town of Northampton, Board of Health Date: October 19. 2010 Vs: Gerard A. Paquin No: 10H79PC000160 Notice of Probable Cause Hearing A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if ther is sufficient evidence to require that you be charged with the offense alleged. A clerk's hearing to determine whether criminal proceedings will be commenced against you will be held at: Date: 11/01/2010 Time: 9:00 AM Courtroom: Northampton Clerk's Session Session/ Location: Courtroom 2 Northampton District Court 15 Gothic Street Northampton. MA 01060 At the hearing you may be present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose. Town of Northampton. Board of Health 212 Main Street Northampton, MA 01060 Peter Q Montori Clerk - Magistrate 9/24/10 GERARD A PAQUIN C/O REAL ESTATE MANAGEMENT 96 PLEASANT NORTHAMPTON MA 01060 Re: 317 Pleasant Street, #2 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 317 Pleasant St.#2, a property owned by you, by Ben Wood, Director on 9/22/10 The Following Violations were noted: Code Number Violation Date of Correction Comments 410300: Owners The bathroom ceiling is in total disrepair. Evidence of chronic leaking/dampness has destroyed ceiling panels. Occupant cannot safely use shower. 10/1 The source of the leak needs to be repaired by a licensed plumber.The ceiling panels cannot be replaced without correcting the source of the leak. A written report from the licensed plumber is required. Responsibility to Maintain Structural Elements 410.500:Owners Ceiling panels and ceiling material in kitchen,front bedroom and living room are in disrepair. 10/11 As with above, panels cannot be replaced nor plaster be repaired without assessment of source of chronic dampness by a licensed plumber.A written report from the licensed plumber is required. Responsibility to Maintain Structural Elements 410.500:Owners Kitchen floor is non- absorbent due to cracked tiles. Living room floor has large crack. 10/11 Repair. Responsibility to Maintain Structural Elements and 410.504: Non-absorbent Surfaces 410253: Light Fixtures There are no light fixtures in hallway, 10/11 Hallw neelto be light fixtures. Other than in Habitable Rooms or Kitchens 410.501:Weatherfioht All windows in the dwelling need to open and close easily and safely. 10/11 Elements and 410.500: Owners Responsibility to Maintain Structural Elements 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. 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, Th ection report is signed and certified under the pains and penalties of perjury en Wood Health Director 212 Main St Northampton Ma, 01060 413-587-1214 Cc: James Perby i BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health Dia Abbott,R.N.,Public Health Nurse Jmee Petrosky,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 317 PLEASANT ST. #2, NORTHAMPTON, MA 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 6 um 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 legate 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, 210 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 cla Abbott,R.N.,Public Health Nurse timee Petrosky,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 317 PLEASANT ST. #2, NORTHAMPTON, MA 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 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 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, 210 Main Street Northampton, MA 01060 Tel#: (413) 587- 1214 REQUEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code To any Justice or Clerk Magistrate of the Western Division Housing Court: Name of Inspector a I a- Mt". S-- Street Name of Health Department /Vo r' - Cit Town ON OATH COMPLAINS THAT: %eraru f ettutn Whose official address is: 9(, f tlnswk 5-E- * Was and Is the Said Owner of Residential Premises Located At: ?i7 ?ttur..� 9. 1 t u,._„F,n MIAs, � + A.-tumors T G,At s Zt 1 EshL timntya+4 P 1 0 w.aN/Lktr, -11%.. 041,3 h Care' WRFC s%r-J >a 4 j a i I ro Wherein the following violations of the State Sanitary Code exist(Pleasea5useeatfachearepowt). Oro. Soo ) tlo . aS3 '/c, Soo - Sob li ■ Cr to Est 4 N.. tJa kcal P we,,- n,d ittr • On R2 i o , a representative of the ,& r Nra/4 Department inspect ed the premises and determined that the above-n ed code violations exist. On a 12tr ( j o pursuant to the requirements of the State Sanitary Code, the above-noted property owner was served with a written order to remedy these violations. As of to MD D , and from day to day thereafter,the above-noted property owner has willfully, intentionally, recklessly, or repeatedly failed to comply with said order. As such, I respectfully request that a Probable Cause Hearing be scheduled at the Court's earliest convenience relative to this matter. Kindly find a copy of the inspection report attach to,this Request plainant's Signature 9/24/10 GERARD A PAQUIN C/O REAL ESTATE MANAGEMENT 96 PLEASANT NORTHAMPTON MA 01060 Re: 317 Pleasant Street, #2 In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation.. An Inspection n was conducted at 317 Pleasant St.#2, a property owned by you, by Ben Wood, Director The Following Violations were noted: y Code Number 410.500: Owner's Responsibility to Maintain Structural Elements 410.500: Owner's Responsibility to Maintain Structural Elements 410.500: Owner's Responsibility to Maintain Structural Elements and 410.504: Non-absorbent Surfaces 410.253: Lioht Fixtures Other than in Habitable Rooms or Kitchens 410.501:Weathertight Elements and 410.500: Owner's Responsibility to Maintain Structural Elements Violation The bathroom ceiling is in total disrepair. Evidence of chronic leaking/dampness has destroyed ceiling panels. Occupant cannot safely use shower. Ceiling panels and ceiling material in kitchen,front bedroom and living room are in disrepair. Kitchen floor is non- absorbent due to cracked tiles. Living room floor has large crack. There are no light fixtures in hallway. All windows in the dwelling need to open and close easily and safely. Date of Correction 10/1 10/11 10/11 10/11 10/11 Comments The source of the leak needs to be repaired by a licensed plumber.The ceiling panels cannot be replaced without correcting the source of the leak. A written report from the licensed plumber is required. As with above, panels cannot be replaced nor plaster be repaired without assessment of source of chronic dampness by a licensed plumber. A written report from the licensed plumber is required. Repair. Hallways need to be outfitted with electric light fixtures. 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. 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 Ben Wood Health Director 212 Main St Northampton Ma, 01060 413-587-1214 Cc: James Perby 1 Wood 11: Stephen Chaput[remgnt©gis.net] t: Tuesday, October 12, 2010 2:05 PM Ben Wood Lawrence Farber Qect: Perby 317 Pleasant Street Apartment#2; Repairs on Code Citations ichments: It Ben Wood BoH 10 8 10.doc 'Wood, Enclosed please find as an attachment correspondence regarding the source of past water leaks in Mr. Perby's irtment at 317 Pleasant Street,Apartment#2, Northampton, MA, 01060. As per our telephone conversation earlier today a re-inspection has been scheduled for October 19, 2010 with the icipated cooperation of the tenant. For your edification please be advised that the tenant(s) must appear in the stern Division of the Hampden County Housing Court for a hearing on October 18, 2010, and that I have every rectation that they will have to move-out shortly thereafter. I would be mush easier to repair the kitchen floor and the .ck as in are absolutely filthy making epairsbmuchsmore difficult properly clean ordinarily be areas he case. Right now these when he is gone, Thanks for the invitation for a bed bug conference, and I will check my schedule for the event when notified. ihaput ephen Chaput, President gal Estate Management, Inc. i Pleasant Street orthampton, MA, 01060 •13)586-6474 az to same Ben Wood Health Director City of Northampton Board of Health 212 Main Street Northampton, MA, 01060 Subject: James Perby Code Violations. 317 Pleasant Street,Apartment#2 October 8, 2010. Mr. Wood, Please be advised that the ceiling in the bathroom in apartment#2 at 317 Pleasant Street has been repaired with the replacement of new ceiling tiles across the entire ceiling. There are no leaks into apartment# 2 in the bathroom area since we completed repairs to the bathtub drain in the apartment#6 above sometime during the month of June in 2008. Apartment#6 above Mr. Perby is a HAP Section 8 subsidized unit and, as such, is inspected each year for compliance with the State Sanitary Code. When we replaced the drain assembly in the rental unit above,we also caulked the floor to prevent water from spilling onto the floor from a shower curtain, and then to appear on Mr. Perby's ceiling. We will double check the apartment above for water tightness in the tub area. I have installed a fluorescent light in the interior hallway that is flush with the drop ceiling and appears to meet to easily meet the candle power for illumination in that area. We have investigated the floor crack at the carrying joist in Mr. Perby's living room area and found the crack to one quarter inch across between boards of the wooden floor. It is partially filled with a caulking material that appears to have dried up, and that has been worked out by foot traffic to some extent. We may try to redo the crack with wood putty,but there is so much filth around and about that the process would be very difficult to accomplish in such a dirty environment. The kitchen floor is a one piece Armstrong Solarium vinyl in red brick pattern has shows signs of tenant abuse and tenant damage. There are knife or saw cuts in the flooring material and in two locations pieces of the original material have been removed by tearing out chunks of flooring. These are clearly not at wear points,but are rather at random and probably represented trip hazards prior to being torn out by some individual. The citation indicates that the flooring is compliant. The windows have yet to be tested and or repaired due to time constraints,but I suspect that the majority are in good working order. We will check them for operation. The citation is vague and categorical as to which windows are a problem. The completion date is a holiday. I assume the listed date is when the work is to be completed by. The current tenant(s)have never allowed access on demand for the manager or his staff to perform maintenance on the apartment. They prefer to make arrangements at a later date, and then don't. Respectfully, Stephen Chaput, President Agent for the Owner Allen Associates n Wood ;m: Stephen Chaput[remgnt @gis.net] it: Tuesday, October 19, 2010 1:51 PM Ben Wood bject: RE: Perby 317 Pleasant Street Apartment#2; Repairs on Code Citations n Wood, The case was continued for one week to October 25, 2010 due to a lack of paperwork, request for execution not ;milted by my lawyer, but I expect to have an execution next week, and the Judge intimated to that effect. My guy, Eddie, is in process of window repairs, but all windows currently go up and down with ease. We may ;laze a couple of panes and we are going to replace one small upper pane of glass in the bedroom that has a crack in glass. Two window weight ropes are pulled out of place and will be put back into place. All as soon as Eddie can be awed in to Apartment @ 317 Pleasant St. Given the sanitary conditions and the imminence of Mr. Perby's having to move, the floors will have to wait for ;per repairs. All other items are resolved, and no water has leaked. Mr. Perby told the Judge that his ceilings used to ;k water for ten years, but are all ok now. Eddie will stain kill the kitchen ceiling spot. I will keep you updated as things progress, but I have every expectation that Mr. Perby will be out shortly. ;haput om: Ben Wood [mailto:bwood( northamotonma.govl nit: Tuesday, October 19, 2010 8:24 AM r: Stephen Chaput ibject: RE: Perby 317 Pleasant Street Apartment #2; Repairs on Code Citations ephen, what is your update from court yesterday? Ben Wood rom: Stephen Chaput{mailto:remont© is.netj ent:Tuesday, October 12, 2010 2:05 PM o: Ben Wood c: Lawrence Farber ubject: Perby 317 Pleasant Street Apartment#2; Repairs on Code Citations en Wood, Enclosed please find as an attachment correspondence regarding the source of past water leaks in Mr. Perby's partment at 317 Pleasant Street, Apartment#2, Northampton, MA, 01060. As per our telephone conversation earlier today, a re-inspection has been scheduled for October 19, 2010 with the anticipated cooperation of the tenant. For your edification please be advised that the tenant(s)must appear in the Vestern Division of the Hampden County Housing Court for a hearing on October 18, 2010, and that I have every ;xpectation that they will have to move-out shortly thereafter. I would be mush easier to repair the kitchen floor and the :rack in the livingroom when he is gone, because then we could properly clean the areas in question. Right now these areas are absolutely filthy making repairs much more difficult than would ordinarily be the case. Thanks for the invitation for a bed bug conference, and I will check my schedule for the event when notified. s.chaput Ben Wood From: Stephen Chaput[remgnt @gis.net] Sent: Monday, October 25, 2010 3:25 PM To: Ben Wood Subject: RE: Perby 317 Pleasant Street Apartment#2; Repairs on Code Citations Ben Wood, Today, Monday October 25, 2010, Mr. Perby appeared in the Western Division of the Hampden County Housing Court for a hearing in front of the Judge. As the result of this hearing, Judge Robert Fields allowed our Motion for Execution and the Court will issue an Execution in ten days that will provide a basis for the eviction of Mr. Perby and his wife from the property at 317 Pleasant Street, Northampton. Perhaps Mr Perby will move-out on his own, but I doubt it. This was the first chance that I had to get this off to you. Mondays can be very busy. s.chaput From: Ben Wood [mailto:bwood @northamptonma.gov] Sent: Tuesday, October 19, 2010 3:20 PM To: Stephen Chaput Subject: RE: Perby 317 Pleasant Street Apartment#2; Repairs on Code Citations Stephen, spoke with Mr. Perby today and I am comfortable waiting on the floors until he leaves if that time period does not exceed one month from 10/25. Please let me know next week if that is the case. iegarding the windows,the problem appears to be that some of them are nailed to keep the top pane from not falling town. Please ensure that all windows move up and down properly and safely. iegarding the ceilings, stain treating in the kitchen is fine but there is a panel missing that needs to be replaced. "here are cracks in the ceiling in the living room and bedroom that need to be repaired. iegarding the ceiling tiles in the bathroom,your explanation is sufficient as long there is no additional leaking. If there is, more detailed assessment on the source of the leak will be needed. 'finally, I told Mr. Perby that the expectation is that if the landlord provides 24 hours of notice with an explanation of vhat they will be working on and what they are expecting the tenant to do (e.g. move furniture)that he should be .00perative with that. If you are providing this notice and he is not being cooperative please let me know so that can be locumented. hank you. Ben Wood 'rom: Stephen Chaput [mailto:remgnt @gis.net] lent:Tuesday, October 19, 2010 1:51 PM 'o: Ben Wood lubject: RE: Perby 317 Pleasant Street Apartment#2; Repairs on Code Citations len Wood, The case was continued for one week to October 25,2010 due to a lack of paperwork, request for execution not ubmitted by my lawyer, but I expect to have an execution next week, and the Judge intimated to that effect. 1 en Wood rom: Ben Wood ant: Tuesday, November 02,2010 9:15 AM o: 'Stephen Chaput ubject: RE: 317 pleasant do understand the sanitary conditions in the apartment and as long as the tenant moves out as quickly as you are nticipating this is fine to wait. Please give me a weekly update. )n another note, I am considering instituting a pilot program where the health department conducts pre-occupation ental inspections. I am asking property owners/managers if they would be interested in using a service like this.Some owns have programs like this and it gives the property owner a record of the conditions prior to the tenant occupying he space.There would be a fee for the inspection.Would you be interested in a program like this? 3en Wood From: Stephen Chaput fmailto:remont(alois.netl Sent: Monday, November 01, 2010 2:37 PM To: Ben Wood Subject RE: 317 pleasant Mr.Wood, I have just received an invoice for the replacement glass to fix Mr. Perby's cracked windows. We have removed the tenant installed screws from the upper sashes of the windows to allow movement of the sash. We have two counter weights to put back into position and should be completed with windows by weeks end. The ceiling cracks are minor and are best repaired when the tenant moves out.(his bed and furniture is in the way of any ladder work) I have an execution in hand and the original has been given to the Sheriffs office for a talk out eviction. Mr. Perby's time on the property is limited, and my guy doing the window work has complained about the unsanitary conditions that he has to work in. The windows are filthy and probably haven't been cleaned since the tenant moved in. I will advise as repairs progress. s.chaput From: Ben Wood rmailto bwood@northamptonma.00vl Sent: Monday, November 01, 2010 11:50 AM To: Stephen Chaput Subject: 317 pleasant Stephen, Can you please give me a status update on the violations other than the flooring.Thank you. Ben Wood, MPH Director, Northampton Health Department 212 Main Street, Municipal Building Northampton, MA 01060 Direct Line:413-587-1213 General Office:413-587-1214 Fax:413-587-1221 Email: bwood @northamptonma.gov http://www.northamptonma.govThealthdept 3en Wood °rom: Ben Wood Tent: Wednesday, December 15, 2010 1:57 PM ro: 'Stephen Chaput' ;object: RE: Perby Eviction Complete ;tephen, 'lease let me know when you are ready to re-rent the unit and I will come out at that point.Thank you. Ben Wood From: Stephen Chaput jmailto:remgnt(tgis.netl Sent:Thursday, December 09, 2010 2:25 PM ro: Ben Wood Subject: Perby Eviction Complete Mr.Wood, The Perbys have been physically evicted from their apartment and it will take me and my staff quite a long time to clean and rerent this unit due to the abysmal conditions found there. s.chaput Stephen Chaput, President Real Estate Management, Inc. 96 Pleasant Street Northampton, MA, 01060 (413) 586-6474 Fax to same m Wood om: Stephen Chaput[remgnt @gis.net] mt: Tuesday, April 26, 2011 3:24 PM Ben Wood Abject: RE: 317 pleasant It is not completed as yet. chaput rom: Ben Wood fmailto:bwood(a)northamptonma.Q0vl ent: Tuesday, April 26, 2011 2:44 PM o: Stephen Chaput ubject: 317 pleasant tephen, am checking in about Apartment tt2. Is it ready to be reinspected?Thank you. fen Wood, MPH )irector, Northampton Health Department !12 Main Street, Municipal Building Jorthampton, MA 01060 )irect Line:413-587-1213 3 e n e ra I Office: 413-587-1214 :ax:413-587-1221 Email: bwood(vinorthamptonma.gOv http://www.northamptonma.gov/healthdept City of Northampton email messages are public records except when they fall under one of the specific statutory exemptions.