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139 Complaints 2004-2011 t BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date: Chi 0 t Time: (f./y-,., Map: Parcel: Name of Complainant: (w 0 Address: 131 AO ate. t2d Tel:a/y ,13 99 (/3) .184- ?) NATURE OF COMPLAINT: S/'8/'V aw l s .t' itet o,-p_1e otn.c'.Gt 44.-tA , Location: "Ps.,.inr.c� / +w�7 ` � oel: Address• 0 $37/SSe Taken by: II``OAM Date of Inspection: 6/i/oti Time :z 0 fin INSPECTOR'S REPORT: — Nn 9=6+t,:u ttf i {^,.t „- ks,, lava- ,q“.C., 1-.n:.l- z — Sn £Q.a ,1,,�.r ,n.4 t<'°4- om+k In ni Mks 4t*is.. ^,..we 0 w.� 6// le If 4i;70,4v) Action Taken: 4 Oil.,04.7....,_,1 ,L4��.cp4��5� ...4 o-�40 4.1 +G &w+,4, I I-Ai o..ati 6.. ,MJ."&4.,. 4L"Jii !iTL 5- I I`"I .A9f0' Inspector Signature O var f r. Iry r"hy - -n' -% r • (r+4',- E 1145 -1°171° c l . �,-„„ It LI firm-n-0 ,z rye ' sr :of P'Y7"$ f b a/&./1 w p rInkf oL : h i" Ao/t / wo MANAGEMENT COMPANY June 7, 2004 Richard Northampton Board of Health Richard, P.O. BOX 628 EASTHAMPTON,MA 01027 (413)527-1580 FAX(413)527-5000 At your request here is a report of the work done at 139 G Damon Road, Northampton. After the electricity was turned off for non-payment at 139-G Damon Road and tenant made a payment. she called WMECO to remove the lock on the meter and restore her power. Upon doing so the breaker was discovered to be faulty. A call came to our office for a repair on Friday afternoon June 27. Autumn Management called electrician Dan Whitely and requested a service call at that location. Tuesday morning June 1. Whiteley's informed us the problem was taken care by replacing the bad breaker.At the same time the smoke detectors were checked and found to be in working order. A replacement lock on the main hallway door on the ground level has been ordered and will be replaced in the very near future. If we do not receive the ordered lock in a timely manner a lock smith will be called. Autumn Management Date: la101 I I o Tine: Z; UO)m Name of Complainant: Address: Cl Zot, A-(11/2- NATURE OF COMPLAINT: {at✓n Wrvtotvwi rl 1)11"tut-r-/ I I — El° t-tt (J TeL 36y_ggy Location: Owner: Address: Taken by: Date of Inspection: INSPECTOR'S REPORT: ( AU{h.atle, ,„j, - Hwy 46.4 vnn C�¢. LOU° iv‘ on raballu - &AUL1 taatul on 121A pp tt ra\ik +1^-a}- vi a& clone( Time: Action Taken: t\Y) i s•ecri Date: Name of Complainant: iii r 111`I0 r. Tline: 4 /S I Map: Address: c3L f ; p 20.4- (?? — I L�ti� gQ, NATURE OF COMPLAINT: -inJoi.er u4> +&/0L C-Frk,i .Iw 4I( tcs)c to 56- , ( Css - to Location: Owner: �"�kw;.✓i Nl -F Address: 4hout AMdo J✓.re (a' 1-'(a„r) Taken by: I Date of Inspection: INSPECTOR'S REPORT: 2)k \ 1l II Action Taken: Inspector Signature.• Noe try-12-1j Si.9 - s-rss Afro_ S 5uip«t1 51.`hp;7l.q Sn"'J'w"U -73.7A± sp `SUu»vo] J.,)9 —( 5�i �—xtr, el -71,4407» 5) 1,03 -roil / 4iL* WL�77 . �),1%.A ktss a-)v15». fro Suotro (2,1A ---,too) k yu s \ opnaS v"Ci -DM ' The uotdJ4 I it uo k+n10 - b�C.l `u� '�.1/�Lt�royy/ VwninV �.a.2��. �L-���°I-rfhd?, l� 0 723.9.09 knotinly -71" \Vat 'b ' 19MV BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health Patricia Abbott,R.N.,Public Health Nurse Edmund Smith,Health Inspector Daniel Wasiuk,Health Inspector Heather McBride,Clerk Richard Boyle PO Box 628 Easthampton, MA 01027 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH NOTICE OF COMPLIANCE 212 MAIN STREET NORTHAMPTON,MA 01060 Oft Re: COMPLIANCE WITH ORDERS Dear Mr. Boyle, On March 10, 2011 , an initial Housing Inspection was made at the property located at 139 Damon Road Unit I, owned or operated by you. Violations were observed and an enforcement letter with correction orders was mailed to you on March 17, 2011. A final re-inspection was conducted on _March 23, 2011_ All violations noted in the _March 17, 2011 enforcement letter were found to be corrected and therefore, please note that you have complied with all of the correction orders issued in the inspection report. This letter was signed under the pains and penalties of perjury. If you have any questions regarding this matter, please contact me at my office. Sincerely, Edmund Smith, Health Inspector Northampton Health Department • BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health Patricia 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 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 139 I DAMON RD 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 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 w•., �...,....h (, c4 o LJ v.,: d{. 1: NORTHAMPTON BOARD OF HEALTH City Hall, 212 Main Street Northampton, MA 01060 Tel 4: (413) 587-1214 5::-1- 31 II llaf 0 n BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health Date: 3-10-11 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 By authority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and I 27A and 127B of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of the dwelling named in the attached report, and found it to be in violation of the Minimum Standard of Fitness for Human Habitation.A list of the violations is enclosed. You are hereby ordered to begin necessary repairs,or contract in writing with a third party within five(5) days (of the date on this letter), and to make a good faith effort to substantially correct within thirty(30)days, as of the date of this letter, all violations recorded on the report. You are further ordered to correct any violations followed by an asterix (*) within twenty-four hours of receipt of this notice.These are violations or conditions, which endanger the health,or safety and well-being of the occupant as determined by 105 CMR 410.750 of the Code or the authorized inspector.This may permit the occupant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection form. 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 entitled to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports, orders 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 correcting 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 Date: 3/10/11 Time: 10:00am #Occupants: 2 #Children <6 Years Address: 139 Damon Road Unit#I City/Town: Northampton Occupant Name: Joshua Fitzherbert Phone#413364-9942 Owner Name: Richard Boyle Phone# Owner Address: PO Box 628 City/Town: Easthampton Zip Code: 01027 #Dwelling/Rooming Units in Dwelling: 3 #Stories:2 Floor Level of Unit:2 #Sleeping Rooms: #Habitable Rooms: 3 Inspector: Ben Wood Title: Director 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(s) hif Violation Observed Responsible Party Owner Occupa nt Exterior, Yard& Porch Locks 480 Posting, ID, Exit signs/emergency lights 481,483,484 Handrails, steps, doors windows, roof 500,501,503 Rubbish—storage and collection 600,601 Maintenance of Area 602 Common Areas& Entry Light, windows 253,254,501 Egress 450.451,452 Handrails 503 Door 501 Interior Halls &Stairs Floors, walls ceilings 500 Hallways, railings, stairs 503 Light, windows 253,254,501 Bedroom 1 Location(circle): Front Rear Middle Left Middle Right Floor Level of Unit Ventilation 280 Ceiling height 401,402 Windows, screen 501,551 X X Wall 500 Bedroom 2 Location(circle): Front Rear Middle Left Middle Right Floor Level of Unit Ventilation 280 _. Ceiling height 401,402 Windows, 501,551 screen Bathroom Toilet, sink, shower,tub, door 150 Smooth, impervious surfaces 150 Lights,outlets, ventilations 251.280 Floors/walls 504 Kitchen Kitchen, Sink, stove, oven; good repair, impervious and smooth space refrig 10o Lights, outlets, ventilation, windows, screens 251,280.501, 551 Ceiling height 401,402 Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) ✓ff Violation Observed Responsible Party Owner Occupa nt cont. Floor 504 FloorsNJalls 500 Living room and Dining Room Lights, outlets, ventilation 250,280 Ceiling height 401,402 Windows/screens 501,551 X X Ceiling condition X X Sink Basement Maintenance 500 Watertight 500 Lighting 253 Water Source(circle): Public Private Must be potable 180 Quantity, pressure 180 Responsible for paying MGL ch 186 s 22, metering 354 Hot Water Fuel Type(circle): Natural Gas Oil Electric Other Temp.: 56 °f Location taken: Kitchen Quantity, pressure, 110 F min, 130 max 190 Venting 202 Heating Type(circle): Forced Hot Water Forced Hot Air Steam Electric No portable units 200 "Habitable room and every room with toilet, shower, tub" 201 • 68F 7 am to 11 pm,64F 11:01 pm to 6:59 am, except 6/15-9/15 • 78 F max in heating season/measure 5 feet wall,5 feet floor Venting, metering 202,354,355 Electrical Type(circle): 110 220 Amp: Amperage, temporary wiring, metering 250,255,256, 354 Drainage, Plumbing Type(circle): Public Private Sanitary drainage required and maintained 300.351 Smoke&CO Detectors Required &operational 482 Emergency lights Pests Free of pests(rodents, skunks, cockroaches, insects) 550 Structural maintenance and elimination of harborage 550 Asbestos or Lead Paint 353,502 Curtailment 620 Access 810 Other Roof X X Referral: DX Electric 0 Fire 0 Plumbing 0 Building 0 Other This inspection report is signed and certified under the pains and penalties of perjury. �d� Inspector Signature: Occupant or Occupants Representative Signature: Reinspection Date: -3/14 and 4/8/11 Time: 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 Acceptable Remedies * Living room/Bedroom Windows, (,501, .500 and .750), Evidence of chronic dampness, structural deficiency All windows need to be weathertight so that exterior moisture is excluded from the living space. Exterior of windows properly caulked to exclude moisture.All cracks/defects around windows fixed. Living room window facing street is loose in its casing.Window needs to be properly secured. Window leaks may be compromising electrical outlets/baseboard heating thereby making this a violation of 410.750 and requiring repair within 24 hours of receipt of this notice. Reinspection will occur on or around 3/14/11 Roof, (.500), Shingles missing / Replace shingles Reinspection will occur on or around 4/8/11 Living Room ceiling, (.500), cracks and evidence of chronic dampness Cracks and moisture stains fixed. Reinspection will occur on or around 4/8/11 oLLtifl4 ' - 1haRh rl¢( i,� Ze_S(LWw4 L Vm (z(+ y-c)r S'/ L..., 40.6itI s � 4.7 rt'Ikz� THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. 1. Rent Withholding(General Laws Chapter 239 Section 8A). If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do this without being evicted if.: A. You can prove that your dwelling unit or common areas contain 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 for it. (for this it is best to put the rent money aside in a safe place.) 2. Repair and Deduct(General Laws Chapter 111 Section 127L). This law sometimes allows you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health, safety or well-being and your landlord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin necessary repairs (or enter into a written contract to have them made) within five days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in any year to make the repairs. 3. Retaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239 Section 2A). The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint he or she will have to show a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages if he or she tries this 4. Rent Receivership (General Laws Chapter 111 Sections 127C-H). The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner. The court may then appoint a "receiver' who may spend as much of the rent money 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 WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: Western Mass Legal Services Tel: 413-781-7814 One Monarch Place,Suite 400 I Springfield, MA 01144 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 Date: 3 10 Time:)0: #Occupants:al Children<6 Years I Possible Code Section(s) Address:! f31 j , { ,t Unit# j. City/Town: Northampton Occupant Name: Phone# Owner Name: Phone# Owner Owner Address: City/Town: Zip Code: Exterior, Yard & Porch #Dwelling/ Rooming Units in Dwelling: #Stories: Unit: Floor Level of #Sleeping Rooms: #Habitable Rooms: Inspector: Title: Posting, ID, Exit signs/emergency lights 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(s) /if Violation Observed Responsible Party Owner Occupa nt Exterior, Yard & Porch Locks 480 Posting, ID, Exit signs/emergency lights 481,483,484 Handrails, steps, doors windows, roof 500,501,503 Rubbish—storage and collection 600,601 Maintenance of Area 602 Common Areas & Entry Light,windows 253,254,501 Egress 450,451,452 Handrails 503 .--\S/ Door 501 Interior Halls &Stairs Floors, walls ceilings 500 Hallways, railings, stairs 503 t/ Light,windows 253,254,501 Gl Bedroom 1 Location(circle): Front Rear Middle Left Middle Right Floor Level of Unit Ventilation 280 Ceiling height 401,402 Windows, screen 501,551 Wall 500 Bedroom 2 Location (circle): Front Rear Middle Left Middle Right Floor Level of Unit Ventilation 280 Ceiling height 401,402 Windows, screen 501,551 Bathroom Toilet, sink, shower, tub, door 150 Smooth, impervious surfaces 150 Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) ,lif Violation Observed Responsible Party Owner Occupa nt Lights, outlets, ventilations 251,280 Floors/walls 504 Kitchen Kitchen, cont. Sink, stove, oven; good repair, impervious and smooth, space refrig 100 Lights, outlets, ventilation, windows, screens 251,280,501, 551 Ceiling height 401,402 Floor 504 Floors/Walls 500 Living room and Dining Room Lights, outlets,ventilation 250,280 Ceiling height 401,402 Windows/screens 501,551 Y G' Ceiling condition G Sink Basement Maintenance 500 Watertight 500 Lighting 253 Water Source(circle): Public Private Must be potable 180 Quantity, pressure 180 Responsible for paying MGL ch 186 s 22, metering 354 Hot Water Fuel Type(circle): Natural Gas Oil Electric Other Temp.: 56 °f Location taken: Kitchen Quantity, pressure, 110 F min, 130 max 190 Venting 202 Heating Type(circle): Forced Hot Water Forced Hot Air Steam Electric No portable units 200 "Habitable room and every room with toilet, shower, tub" 201 • 68 F7 am to 11 pm,64F 11:01 pm to 6:59 am, except 6/15-9/15 • 78 F max in heating season/measure 5 feet wall,5 feet floor Venting, metering 202,354,355 Electrical Type(circle): 110 220 Amp: Amperage,temporary wiring, metering 250,255.256, 354 Drainage, Plumbing Type(circle): Public Private Sanitary drainage required and maintained 300,351 Smoke &CO Detectors Required &operational 482 Emergency lights Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) ✓if Violation Observed Responsible Party Owner Occupa nt Pests Free of pests (rodents, skunks, cockroaches, insects) 550 Structural maintenance and elimination of harborage 550 Asbestos or Lead Paint 353,502 Curtailment 620 Access 810 Other Referral: 0 Electric 0 Fire 0 Plumbing 0 Building 0 Other This inspection report is signed and certified under the pains and penalties of perjury. Inspector Signature: Occupant or Occupant's Representative Signature: Reinspection Date: Time: , Sao - — co--6 e\._ rDO (SWILL) 4,—,tc 1 // c Qu '1"1 C1 r� kdcidne , BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. Benjamin Wood,MPH,Director Patricia Abbott,RN,Public Health Nurse Daniel Wasiuk,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH (413)587-1214 FAX(413)587-1221 212 MAIN STREET NORTHAMPTON,MA 01060 3-16-11 Richard Boyle PO Box 628 Easthampton,MA 01060 Mr. Boyle, A re-inspection was made at 139 Damon Road Unit I on 3/16/11 to check for compliance with the initial code violations detailed in the Order to Correct dated 3/10/11. While there was no water coming into the unit at the time of inspection(and it was raining at this time)the work completed does not appear to be done in a manner that will hold over time.Please be advised of the section of the state sanitary code below. "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." I am writing this to let you know that while the immediate issue of water coming through the windows appears to have been rectified that the work does not meet the"work-personlike fashion"standard. Please be advised that if water does leak through the windows prior to the final re-inspection scheduled for 4/8/11 that fines may be levied.Please also be aware that all cracks around the windows,interior and exterior, should be sealed prior to the final re-inspection. cooperation. Ben Wood,MPH Director,Northampton Health Department k 3� /7 //t