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18 Complaint 2007 Date:0 7 6 ITime: q igo IMap: Parcel: Name o Complainant: ' v 1 Address: l� Ciut,s- Z.ao f[ (lea,- r�-A— Tel:58rJ-0f/6 :• a sSi ^> NATURE OF COMPLAINT:914e I �• ' �� �. Le i� 4-4) fr14.- 1-677t4Trivi„nee Location: /8�(. .,,r %j I -'-p„ Owner: . �/ Address: lrw -f Taken by: I Date of Inspection: I Time: INSPECTOR'S�R'�REPORTT: t 2 r2 .S t26 idly 3,15.1114 & 4.S. „Canna ti,�' )6 6 .Sf- 31. 20 _ � _J' Gwirdortra s A a : k lj l D • i.�a-✓ �. Inspector Signature 0 BOARD OF HEALTH OFFICE OF THE MEMBERS ROSEMARIE KARPARIS,R.N.,MPH XANTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Richard Meczywor,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1213 FM(413)587-1221 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION" AND/OR MGL, CHAPTER 111, SECTIONS 122-127,ABATEMENT OF NUISANCES AT: June 25,2007 John Murray Clifford 280 Old Vernon Road Northfield, MA 01360 RE: 18 Dewey Court, 2nd Floor, Northampton, MA 01060. REASON FOR INSPECTION: Complaint by Tenant- Chivas Sandage This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto �um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradpao deste documento de: Le suivante est un important document legal. It pourrait afeectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo e un documento legate importante. Potrebbe avere effectto sui suoi diri tti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccibn de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia- Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 'AGE 2 )ear Mr. John Murray Clifford; t representative from the Northampton Board of Health conducted an Inspection on June 18,2007, at the remises located at 18 Dewey Court, 20d Floor,Northampton, MA 01060 owned, occupied, or operated by you, 'or compliance with CHAPTER II OF THE STATE SANITARY CODE, MINIMUM STANDARDS OF "ITNESS FOR HUMAN HABITATION, AND/OR CHAPTER 111, SECTIONSECTIONS 122- 127, \BATEMENT OF NUISANCES, OF THE MASSACHUSETTS GENERAL LAWS. This letter will certify hat the inspections revealed violations listed below, which are serious enough as to endanger or materially impair he health, safety, and well-being of the occupants. 1 RTICLE H 410.000 VIOLATIONS MINIMUM STANDARDS OF FITNESS FOR HUMAN rIABITATION, AND/OR CHAPTER 111, SECTION 122-127, ABATEMENT OF NUISANCES, OF THE MASSACHUSETTS GENERAL LAWS : CELLAR .353 Friable asbestos observed on heating pipe insulation along ceiling in the cellar. ORDER: Repair, replace or remove all areas of friable asbestos on heating pipe insulation in accordance with the regulations of the Mass. Dept. of Environmental Protection (D.E.P.). All work must be done by a licensed contractor and proper filing must be completed with the D.E.P. CORRECT BY JULY 30,2007 .503(a) No hand rail. Hand rail is missing. ORDER: Install hand rail properly is accordance to the State Building Code. CORRECT BY JULY 9, 2007 .254 (A)(B) According to the tenant the stairway-hallway lights from the side entrance to the 2nd floor apartment is on tenants kitchen switch,the exterior entrance outdoor light is on tenants kitchen switch,the switch to the attic light is on their meter and the switch in hallway cellar stairs to light the cellar lights is also on the tenant's meter. During the inspection there was no Owner's Meter observed in the cellar of this dwelling unit. There was only two meter's observed, one labeled"l" floor" and the other"rd floor". This dwelling is a two family. Access was gained into the Basement Floor to determine if there was and owner's meter or Cross- Metering. Therefore, since there was no Owner's Meter observed, therefore the electric(i.e. lighting) supplied to common areas and for equipment(i.e. furnace, hot water heater, and other common areas motioned above in this paragraph)on the premises appears to be included in the tenant(s) rent or is on the tenant(s)meter with the tenant's knowledge and their agreement to this in writing.. If this is not the case there must be an Owner's Meter unless there is a written agreement between the tenant(s) and the landlord stating that the tenant(s) agree to pay for such for common areas. AGE3 'ELLAR (Continued) ORDER: The owner must install an "Owner's Meter". The property owner must demonstrate to this Board of Health(BOH) By July 30, 2007, that all of the common areas in the building are on the"Owner's Meter" and what is controlled by the tenants meter. If the owners does not install an"Owner's Meter" and the common areas are on any tenant's meters than he/she must provide the Board of Health (this office) with a copy of a written agreement between the tenant(s) and the landlord stating that the tenant(s) agree to pay for such for common areas By July 9,2007. (Please see section from code book below as to what is required of the owner). 410.354: Metering of Electricity and Gas (A) The owner shall provide the electricity and gas used in each dwelling unit unless (1) Such gas or electricity is metered through a meter which serves only the dwelling unit,except as allowed by 105 CMR 410.254(B); and (2) The rental agreement provides for payment by the occupant. (B) If the owner is required, by 105 CMR 410.000 or by a rental agreement consistent with 105 CMR 410.000,to pay for the electricity or gas used in a dwelling unit,then such electricity or gas may be metered through meters which serve more than one dwelling unit. If the owner is not required to pay for the electricity or gas used in a dwelling unit,then the owner shall install and maintain wiring and piping so that any such electricity or gas used in the dwelling unit is metered through meters which serve only such dwelling unit,except as allowed by 105 CMR 410.254(B). STAIRWAY HALLWAY FROM SIDE HOUSE ENTRNCE TO 2ND FLOOR APARTMENT .503(a) No hand rail on second section of stairway hallway. Hand rail is missing. ORDER: Install hand rail properly is accordance to Code. CORRECT BY JULY 9,2007 Under authority of ARTICLE II, 105 CMR 410.000, MINIMUM STANDARDS FOR HUMAN HABITATION AND M.G.L., CHAPTER 111, SECTIONS 122 TO 125,ABATEMENT OF NUISANCES you are hereby ordered to make a good faith effort to CORRECT THE FOLLOWING VIOLATION(S) AS INDICATED IN THE ORDER AND NOTIFY THIS OFFICE AT 587-1213 WHEN ALL VIOLATIOS ARE CORRECTED. AGE 4 vIPORTANT NOTE: PLEASE NOTIFY THIS OFFICE AT 587-1214 WHEN ALL OF THE IOLATIONS ARE CORRECTED TO ARRANGE FOR A RE-INSPECTION. IF ALL OF HE VIOLATIONS ARE NOT FOUND TO BE CORRECTED AT THE TIME OF THE RE- ■SPECTION AND ANOTHER RE-INSPECTION IS REOIRED,THERE WILL BE A$75.00 E-INSPECTION FEE FOR EACH RE-INSPECTION REOIRED. hould you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A ;quest must be received in writing to the office of the Board of Health within seven (7) days of receipt of this rder. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary vidence as to why this order should be modified or withdrawn. You have the right to be represented by an :tomey. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports, rders, notices and other documentary information relative to this property. If these premises are occupied as rental ousing, the occupants are entitled to their statutory rights and remedies. lease feel free to contact me at the Board of Health office, at 587-1213, if you have any questions concerning this latter. Thank you for your anticipated cooperation in this matter.This inspection report is signed and certified nder the pains and penalties of perjury. invest J. thieu, R.S., M.S., C.H.O. )irector of Public Health EMAIL: emathieu @northamptonma.gov :c: Building Dept. Jhivas Sandage 8 Dewey Court, 2"d Floor Northampton, MA 01060. AGE 5 (ATTACHMENT) WE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL EMEDIES. Rent Withholding(General Laws Chapter 239 Section 8A) "Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do IS without being evicted if (A) You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B) You did not cause the violations and they can be repaired while you continue to live in the building. C) You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent money aside in a safe place.) . Repair and Deduct (General Laws Chapter 111 section 127L) he law sometimes allows you to use your rent money to make the repairs yourself If our local code enforcement agency ertifies that there are code violations which endanger or materially impair your health, safety or well-being and your mdlord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin ecessary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs dthin 14 days after notice you can use up to four months' rent in any year to make the repairs. Retaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section 18 and Chapter 39, Section 2A). The owner may not increase your rent or evict you in retaliation for ,gency about code violations. If the owner raises your rent or tries :omplaint he or she will have to show good reason for the increase or nay be able to sue the landlord for damages if he or she tries this. I. Rent Receivership (General Laws Chapter 111, Sections 127C-H). [he occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather han to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to ;ortect the violation. The receiver is not subject to a spending limitation of four months' rent. making a complaint to your local code enforcement to evict within six months after you have made the eviction, which is unrelated to your complaint. You 5. Breach 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 not 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. NOTE: THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION. IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: WESTERN MASSACHUSETTS LEGAL SERVICES TEL.413-584-4034 20 HAMPTON AVENUE,SUITE 100, NORTHAMPTON,MA 01060 06/28/07 1:34:02 PM RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 31D-214-001 18 DEWEY CT PLOT: LIVING UNITS: 2 CLASS: R - 104 CARD A: 1 OF 1 CURRENT OWNER/ADDRESS NEIGHBORHOOD ID: 12.00 FINAL VALUE FLAG: MARKET CLIFFORD JOHN MURRAY LAND DATA - ASSESSMENT INFORMATION - 2B0 OLD VERNON RD TYPE 57020 INFLUENCE FACTORS LAND 105,360 PRIOR COST CURRENT NORTHFIELD MA 01360 LAND 87,100 105,400 105,400 TOTAL. 336,200 166,600 278,300 DEED BOOK: 3063 SALES INFORMATION DEED DATE: 225 TOTAL ACREAGE: 0.161 TOTAL LAND VALUE: 105,400 LLAST UPDATE/COST: 20040819 DATE TYPE PRICE VALIDITY \ LAST UPDATE/COST: 20040819 ADDITION DATA X DATE: Lower Level First Floor Second Floor Third Floor Area DATA COLLECTION INFORMATION OFP OFP ENTRANCE CODE: ENTRY + SIGN OFP 84 INFORMATION SOURCE: DATA COLLECTOR: DATE: DWELLING INFORMATION STYLE: CONVENTIONAL YEAR BUILT: 1910 STORY HEIGHT: 2.00 ATTIC: UNFIN Basement: FULL TOTAL ROOMS: 10 FULL BATHS: 2 ADDITIONAL DWELLING INFORMATION 26 Half Baths: ADDITIONAL FIXTURES: BASEMENT RIOR WALLSE(#CARS) BRICK TRIM: X EXTERIOR WALLS: FRAME STONE TRIM: X GROINISFLD AREA: GROUND OTAL LIVING AREA: 2496 REMODELING DATA FINISHED BASEMENT LIVING AREA: X YEAR REMODELED: BASEMENT RECREATION AREA: X MASONARY FIREPLACE STACKS/OPENINGS: / METAL FIREPLACES: KITCHEN REMOD(V/N) HEAT/CENTRAL A/C: BASIC BATH REMODEL (Y/N) HEATING SYSTEM: STEAM FUEL TYPE: OIL QUALITY PHYSICAL CONDITION 4e ai ze,ix %DSABILITY/UTILITY C+V INTERIOR/EXTERIOR OUTBUILDINGS & YARD ITEMS PERMIT DATA TYPE QTY YR SIZE1 SIZE2 GRD COND DATE PURPOSE PRICE NOTES: 19 12 ore/„e 7 OFP I Ernie Mathieu From: Ernie Mathieu Sent: Friday,July 13, 2007 10:50 AM To: 'Larry Costello' Subject: RE: request for extension Dear Mr. Costello, Please advise Mr. Cliiford that his extension to August 16, 2007 is hereby granted. Sincerely, Ernie Mathieu 587-1213-direct 563-6680-cell From: Larry Costello [mailto:costyscove @comcast.net] Sent: Friday, July 13, 2007 9:45 AM To: Ernie Mathieu Cc: Larry Costello Subject: request for extension To: Ernest Mathieu Fm: Larry Costello Ref: Complaint to John Clifford 18 Dewey Court, Northampton Page 1 otl Owner of Record for said property has hired Ed Sherr of Ace Asbestos Removal & Insulation Co.to remove all Asbestos covered pipes and two furnaces from 18 Dewey Court. Starting date is August 13th and is expected to take approximately three days to complete. We are requesting an extension of Complaint to August 16th to bring said property into compliance. This was the only company that we could get to perform this service in a timely mannor.Thank you for your concideration in this matter. Larry Costello, Realtor for J. Clifford & sale of said property at 18 Dewey Court. 7/13/2007 06/20/07 1:30:56 PM RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 31D-213-001 14 DEWEY CT PLOT: LIVING UNITS: 2 CLASS: R - 104 CARD #: 1 OF 1 NEIGHBORHOOD ID: 12.00 FINAL VALUE FLAG: MARKET CURRENT OWNER/ADDRESS MCCREARY MICHAEL & SUSAN M LAND DATA - ASSESSMENT INFORMATION - 14 DEWEY CT TYPE SIZE INFLUENCE FACTORS LAND 98 U00 PRIOR COST CURRENT PRIME SITE 4700 96 500 NORTHAMPTON MA 01060 LAND 85,500 98,500 BLDG AL 403,000 236,500 50 338,800 DEED BOOK: 4908 SALES INFORMATION DEED PAGE: 161 TOTAL ACREAGE: 0.108 TOTAL LAND VALUE: 98,500 DATE TYPE PRICE VALIDITY DEED DATE: 19960617 00 LAST UPDATE/COST: 20060710 19960601 LAND + BLD 185,000 0 LAST UPDATE/COST: 20060710 ADDITION DATA X DATE: Lower Level First Floor Second Floor Third Floor Area DATA COLLECTION INFORMATION OFP 20 ENTRANCE O OFP 168 DE: UNIMPROVED INFORMATION SOURCE: OFP 108 t 20 25 DATA COLLECTOR: 199 DATE: 19961021 OFP DWELLING INFORMATION STYLE: CONVENTIONAL YEAR BUILT: 1910 STORY HEIGHT: 2.00 ATTIC: FULL FINISH Basement: FULL TOTAL ROOMS: 10 TOTAL BEDROOMS: 6 FULL BATHS: 2 ADDITIONAL DWELLING INFORMATION q 5 ISFSn 4 5 Half Baths: ADDITIONAL FIXTURES: v v BASEMENT WALLSE(#CAR$) BRICK TRIM: X rn��FiA UNFINISHEDAAREA: ALUM/VINYL STONE TRIM: X GROUND FLOOR AREA: 1280 REMODELING DATA TOTAL LIVING AREA: 3072 FINISHED BASEMENT LIVING AREA: X BASEMENT RECREATION AREA: X 728 YEAR REMODELED: MASONARY FIREPLACE STACKS/OPENINGS: / METAL FIREPLACES: KITCHEN REMOO(Y/N) YES REMODEL (Y/N) HEAT/CENTRAL A/C: BASIC BATH 30 30 FUELITG SYSTEM: STEAM FUEL TYPE: OIL OOND/DEBIRABI I.ITY/UTILITY PV INTERIOR/EXTERIOR AVERAGE OUTBUILDINGS & YARD ITEMS PERMIT DATA 4 TYPE QTY YR SIZE1 SIZE2 GRD COND DATE PURPOSE PRICE v 20050819 31,000 REMODEL KIT 4 q 17 NOTES: 10 10 :e 26 or A I 06/28/07 1:31:13 PM RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1. 1998 PARCEL ID: 31D-220-001 15 DEWEY CT PLOT: LIVING UNITS: 1 CLASS: R - 101 CARD #: 1 OF 1 CURRENT OWNER/ADDRESS NEIGHBORHOOD ID: 12.00 FINAL VALUE FLAG: MARKET SCHWARTZ LINDA G LAND DATA - ASSESSMENT INFORMATION - 15 DEWEY CT TYPE SIZE INFLUENCE FACTORS LAND I VVALU2 PRIME SITE 12338 0 PRIOR COST CURRENT NORTHAMPTON MA 01060 LAND 91,000 107,200 2017,20 BLDG 189,100 204,800 TOTAL 280,100 312,000 308,800 DEED BOOK: 5603 SALES INFORMATION DEED PAGE: 103 TOTAL ACREAGE: 0.283 TOTAL LAND VALUE: 107,200 DEED DATE: DATE TYPE PRICE VALIDITY LAST UPDATE/COST: 20050316 19990101 LAND + BLD 190,000 0 LAST UPDATE/COST: 20050316 ADDITION DATA % DATE: Lower Level First Floor Second Floor Third Floor Area DATA COLLECTION INFORMATION 1eFr 20 40 rOH ENTRANCE CODE: ENTRY + SIGN 140 IATARCOLIEN SOURCE: FP 40 DATA COLLECTOR: DATE: FrGar 1/2sFr 240 1sFr DWELLING INFORMATION STYLE: CAPE YEAR BUILT: 1941 STORY HEIGHT: 1.00 FINISH ATTIC: FULL Basement: TOTAL ROOMS: 7 TOTAL BEDROOMS: 4 FULL BATHS: 2 ADDITIONAL DWELLING INFORMATION 16 Half Baths: 1 ADDITIONAL FIXTURES: BASEMENT WALLS:(//CARS) BRICK TRIM: X UNFINISHED AAREA: FRAME STONE TRIM: X EXTERIOR GROUND TAL LIVING AREA: 1831 REMODELING DATA FINISHED BASEMENT LIVING AREA: X YEAR REMODELED: BASEMENT RECREATION AREA: X MASONARY FIREPLACE STACKS/OPENINGS: 1 / 1 METAL FIREPLACES: KITCHEN REMOD(V/N) YES 33 ire HEAT/CENTRAL A/C: BASIC BATH REMODEL (Y/N) HEATING SYSTEM: STEAM FUEL TYPE: OIL QUALITY PHYSICAL AVERAGE COND/DESIRABILITY/UTILITY GD RI / TEROR SAM 4 12 OUTBUILDINGS & YARD ITEMS PERMIT DATA i2 to I 10 TYPE QTY YR SIZE' SIZE2 GRD COND DATE 0020822 PURPOSE,500 33 XE 16 ADDITIO 33 IFr RS1 1 1999 1 64 C A BEDROOM, BATH EXPAND KIT 4 20vrc3r.c OFT. 16 STORAGE 10 SHED 8X8 PERMIT 23 rulrrle 11 06/28/07 1:31:29 PN RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 31D-212-001 10 DEWEY CT PLOT: LIVING UNITS: 2 CLASS: R - 104 CARD #: 1 OF 1 CURRENT OWNER/ADDRESS NEIGHBORHOOD ID: 12.00 FINAL VALUE FLAG: MARKET CUOMO ROSALIND S LAND DATA - ASSESSMENT INFORMATION - 10 EXBOURNE RD TYPE 54520 INFLUENCE FACTORS LAND 99,100 PRIOR COST CURRENT ABINGDON UK 0X14 1DH LAND 85,600 99,100 99.100 BLDG 273,100 290,200 296,600 DEED BOOK: 5268 SALES INFORMATION DEED PAGE: 227 TOTAL ACREAGE: 0.111 TOTAL LAND VALUE: 99,100 DEED DATE: DATE TYPE PRICE VALIDITY LAST UPDATE/COST: 20051129 19971201 9712 LAND a BLD 38,000 A A LAST UPDATE/COST: 20051129 ADDITION DATA % DATE: Lower Level First Floor Second Floor Third Floor Area DATA COLLECTION INFORMATION OFF OFP 128 ENTRANCE CODE: ENTRY 4 SIGN OFP OFP 1? INFORMATION SOURCE: OFP DATA COLLECTOR: DATE: DWELLING INFORMATION STYLE: CONVENTIONAL YEAR BUILT: 1910 STORY HEIGHT: 2.00 ATTIC: UNFIN Basement: FULL TOTAL ROOMS: 10 TOTAL BEDROOMS: 4 ADDITIONAL DWELLING INFORMATION I 12 FULL BATHS: 2 q Half Baths: ADDITIONAL FIXTURES: BASEMENT RIOR WALLS:(NGAR$) EXTERIOR WALLS: FRAME STINE TRIM: X 14 GROUNISFLD AREA: STONE TRIM: X 7 GROUND FLOOR AREA: 1216 REMODELING DATA 4 23 TOTAL LIVING AREA: 2E32 BISEMENT BASEMENT NIAIEA AREA: X YEAR REMODELED: BASEMENT RECREATION AREA: X METALAFV FIREPLACE STACKS/OPENINGS: 1 / 2 KITCHEN REMOD(Y/N) METAL FIREPLACES: HEAT/CENTRAL A/C: BASIC BATH REMODEL (Y/N) HEATING SYSTEM: STEAM FUEL TYPE: GAS 2 CONO/DESIRABILITY/UTILITY AV INTERIOR/EXXTEERIORN SAME 44 OUTBUILDINGS & YARD ITEMS PERMIT DATA 12 TYPE QTY YR SIZE1 SIZE? GRD POND DATE PURPOSE PRICE 20050405 4,740 RENOVATE PORCH NOTES: 13 al D1B 19 12. 3