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59 Complaint with Correction Order 2012 BOARD OF HEALTH CITY OF NORTHAMPTONSAM ori r MEMBERS ..:� MASSACHUSETTS 01060 .m� j DONNA C.SALLOOM,CHAIR --"t;4111 SUZANNE SMITH,M.D. OFFICE OF THE a► s JOANNE LEVIN,M.D. rte'` BOARD OF HEALTH Benjamin Wood,MPH,Director Patricia Abbott,RN,Public Health Nurse (413)587-1214 212 MAIN STREET Daniel Wasiuk,Health Inspector FAX(413)587-1221 NORTHAMPTON,MA 01060 Edmund Smith,Health Inspector Heather McBride,Clerk 3-5-12 James and Wendy Hart 59 West Farms Road Florence,MA 01062 Mr. and Mrs.Hart, On February 1 g,2012 Orders to Correct violations of 105 CMR 410(Chapter II of the State Sanitary Code)were issued by the Northampton Health Department.A good faith effort to substantially correct these violations must have been made within 30 days of the order.An inspection occurred on March 5th,2012 and no progress on the violations has been made. If we are not contacted within 5 business days of the date of this letter with an explanation and plan for correction we may pursue the matter in Housing Court. Sincerely, �• r Ben Wood,MPH Director,Northampton Health Department BOARD OF HEALTH CITY OF NORTHAMPTON alaM\ MEMBERS 4t MASSACHUSETTS 01060 DONNA C.SALLOOM,CHAIR SI SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. OFFICE OF THE ^` BOARD OF HEALTH �- :: Benjamin Wood,MPH,Director Patricia Abbott,RN,Public Health Nurse (413)587-1214 Daniel Wasiuk,Health Inspector FAX(413)587-1221 212 MAIN STREET Edmund Smith,Health Inspector NORTHAMPTON,MA 01060 Heather McBride,Clerk 3-5-12 James and Wendy Hart 59 West Farms Road Florence,MA 01062 Mr.and Mrs. Hart, On February 1st,2012 Orders to Correct violations of 105 CMR 410(Chapter II of the State Sanitary Code)were issued by the Northampton Health Department. A good faith effort to substantially correct these violations must have been made within 30 days of the order.An inspection occurred on March 5th,2012 and no progress on the violations has been made. If we are not contacted within 5 business days of the date of this letter with an explanation and plan for correction we may pursue the matter in Housing Court. Sincerely, Ben Wood,MPH Director,Northampton Health Department eoov waoj a-' A`- ! aultrifj., lO2NJIS vti nD.ttaod 01 D1,3 .441�j�► N.• wI - l1bD 1i < - - _ r ''S-‘73-1-''S-‘73-1- ' ,,[ �� iin�inG� �� � —IVO �� 3i. �Ob SS W 031`41:11113dyv / asow❑ 2NOHO 03NDHd x rj C ft,.— IA ,A •,,,,•v 3WIJZ1 3JV , W I 11113 t int HOd 3NOHd A ,..*11,131.H": lt i lihhfl.h• �f�"F� �'� i,IkuP, i 11It: F3� I rl 1. 1 , 4filfitrittyq:11,ir4 3`z, Date: 11-22-110a,y,l el Time; 1,66 Name of Complainant: &tit-alAAn.� Address: 41d rt 59 UCSF F Qoa,...i Stix Y.G S �� r+z 0.n �� III.'" I� NATUREOF.COMpi.AINT: tic etpo{ ;-•5 j1 w.'6 443 - Sky .-11‘2- _17 6 Z w>+ Fs�+I . S It S Cca tls�n5 Q n`may` i Z,l1inp d °``t o� t, c4v� C • / n _ f Y9 S( -/olc 4r►•S p. 111< Y�!_i��.4+or dK 1^1 L ei.f Ce t-yc hayoc& a49. Location: � i Owner: Address: • Taken by; tillill Date of Inspection: e • INSPECTOR'S REPORT: ` ii� k0---tA.ti, -9 ),,o4-a- :t (M. S041 L r o`"^'i . ,l-mss •y Ao4- 1„y I S pokt w1/4,)4(b r CSC / / , 114_ 6447 611 Action Taken: .?:-. • ,c,,,, S KOih,,a �i. .fl app peotor 8!• • - � i •ture. �11`` I CITY OF NORTHAMPTON t�AMp BOARD OF HEALTH oa ro MEMBERS DONNA C.SALLOOM,CHAIR MASSACHUSETTS 01060 ifallSUZANNE SMITH,M.D. 4JOANNE LEVIN,M.D. `-� �``-�'?i,:i STAFF OFFICE OF THE 6 Benjamin Wood,MPH BOARD OF HEALTH Director of Public Health Patricia Abbott,R.N.,Public Health Nurse 212 MAIN STREET Edmund Smith,Health Inspector NORTHAMPTON,MA 01060 Daniel Wasiuk,Health Inspector Heather McBride,Clerk NOTICE OF COMPLIANCE S'a....1s .1-1 14-% cam,4- 5- R Ls)Q5-t- -.SLT w.s r , F(0Cst wi A- o f D 6 a Re: COMPLIANCE WITH ORDERS Dear Ia."--t s P ve-J-1,_ /6.--4- Q On , f / 72 , an initial Housing Inspection was made at l the property located at f f 'kie5 -, K,O, , owned or operated by you. Violations were observed and an enforcement letter with correction orders was mailed to you on //// 2 . A final re-inspection was conducted on 3/a( l . All violations noted in the 0, e-r-3-,� LE. �u LE. Led! al r 7,2 enforcement letter were found to be corrected and therefore, please otl 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, c,, O Ben1�PH, Director of Public Health BOARD OF HEALTH CITY OF NORTHAMPTON °THAM'� --. MEMBERS ,� :), P. DONNA C.SALLOOM,CHAIR MASSACHUSETTS 01060is 'r ' 1 SUZANNE SMITH,M.D. 'ti� • > j� JOANNE LEVIN,M.D. s ' .j i STAFF OFFICE OF THE . ''' Benjamin Wood,MPH BOARD OF HEALTH Director of Public Health 212 MAIN STREET Patricia Abbott,R.N.,Public Health Nurse NORTHAMPTON,MA 01060 Daniel Wasiuk,Health Inspector Edmund Smith,Health Inspector Heather McBride,Clerk ORDER TO CORRECT VIOLATIONS OF CHAPTER !! OF THE STATE SANITARY CODE "MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 59 WEST FARMS ROAD 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 e 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 Questo e un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei puo 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, j 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 c.24V / I 1Q BOARD OF HEALTH CITY OF NORTHAMPTON fHAlyp MEMBERS DONNA C.SALLOOM,CHAIR MASSACHUSETTS 01060 Vstr'u( f SUZANNE SMITH,M.D. ; ♦ . ^ �b JOANNE LEVIN,M.D. i. ��� STAFF OFFICE OF THE Benjamin Wood,MPH BOARD OF HEALTH Director of Public Health Patricia Abbott,R.N.,Public Health Nurse 212 MAIN STREET Daniel Wasiuk,Health Inspector NORTHAMPTON,MA 01060 Edmund Smith,Health Inspector Heather McBride,Clerk Date: 2/1/2012 By authority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A 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.810) 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 1Date: 2/1/12 Time: 2:30pm #Occupants: unoccupied #Children < 6 Years Address: 59 West Farms Road Unit# City/Town: Northampton Occupant Name: Phone# Owner Name: James and Wendy Hart Phone# 'Owner Address: 59 West Farms Road City/Town: Florence Zip Code: 01062 , #Dwelling/ Rooming Units in Dwelling: #Stories: Floor Level of Unit: #Sleeping Rooms: #Habitable Rooms: Inspector: Ben Wood Title: Director If violations are observed and checked, describe them fully on Page 3. Area or I Type of Violation 1 Possible J ✓if Responsible Party Element Use blank boxes for ones not listed Code Violation Section(s) Observed Owner Occupa nt Exterior, Locks 480 Yard & Posting, ID, Exit signs/emergency lights 481,483,484 Porch Handrails, steps. doors windows, roof 500,501,503 Rubbish—storage and collection 600,601 Maintenance of Area 602 X Common Light, windows 253,254, 501 Areas & Egress 450,451,452 Entry Handrails 503 Door 501 , Interior Halls Floors, walls ceilings 500 & Stairs Hallways, railings, stairs 503 Light, windows 253,254,501 Bedroom 1 ' Location (circle): Front Rear Middle Left Middle Right of Unit Floor Level 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 j 280 --- -- , ,- Ceiling height 401,402 Windows, screen 501,551 Bathroom Toilet, sink, shower, tub, door 150 Smooth, impervious surfaces 150 Lights, outlets. ventilations 251,280 Floors/walls 504 Kitchen Sink, stove, oven; good repair, impervious and 100 smooth, space refrig Lights, outlets, ventilation, windows, screens 251,280,501, 551 Area or Type of Violation Possible ✓if Responsible Pail Element Use blank boxes for ones not listed Code Violation Section(s) Observed Owner Occup nt Kitchen, Ceiling height 401,402 cont. Floor 504 Floors/Walls 500 Living room Lights, outlets, ventilation 250,280 and Dining Ceiling height 401.402 Room Windows/screens 501,551 Ceiling condition 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.: °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, 201 tub" • 68 F 7 am to 11 pm,64 F 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 I Drainage, Type(circle): Public Private Plumbing Sanitary drainage required and maintained 300,351 Smoke&CO Required &operational 482 Detectors Emergency lights Pests Free of pests (rodents, skunks, cockroaches, insects) 550 Structural maintenance and elimination of harborage 550 Asbestos or 353,502 Lead Paint Curtailment 620 Access 810 Other Referral: 0 Electric 0 Fire 0 Plumbing 0 Building 0 This inspection report is signed and certified under the pains and penalties of perjury. Inspector Signature: Occupant or Occupant's Representative Signature: ;Reinspection Date: 311112 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 Acceptable Remedies Backyard, 105 CMR 410.602(A), Rubbish, garbage scattered throughout Remove rubbish, keep area clean, backyard "maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse" 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 4001 Springfield, MA 01144 Date: 9i2Z-iso Tirne: bb Name of Complainant: r''`' ��: , 111 Address: ►R �nnLQ -d.Ci,� 11111111 59 West em4,s 44....1 1111111. sic Y,c 1-m.1s cel m a.n �� NATURE OF'COMPLAINT: v' sq Si- sdtI,I., Imo;., �« - Spy :_4/�ZI. . 4 c‘,11 ut eta{ �S -D-wk. 6q-ai -) Z Hi _., _l/ S Cta 71.< f'-‘,P?..--(11d`e Aj W1 L mart-> 51..4. ha) 0Mit,.Location: C�.•�.(�;��s I • Owner: }/1/0 / Address: • ECM `Ir 1 Date of Inspection: INSPECTOR►S Marlaum pa_ Tirrre:�';• Rd(i-Meil n Low.'1 => REPORT: p4-1..-4-orze • �,t,l• s 114.. .ti A04--Rut �„t !-,� f ti•�w/t �. - 0 61 SPd4.wl�i�4�r 67.i" 9t4• A.1)/\Yl S 1\14()A r Action Taken: ?:, r',, 'phi ,li; G.e0�� Stn -- (-0 00,,,u- V �� a, b,� Qw,tr r 0 T.± à 111Miatillidillill = 'pro-spector81. orW-7j CilS3 p i �ySHAMpp BOARD OF HEALTH CITY OF NORTHAMPTON MEMBERS MEMBERS te' MASSACHUSETTS 01060 j��inr�" DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. "��� ► JOANNE LEVIN,M.D. 'v'e :uso STAFF OFFICE OF THE Benjamin Wood,MPH BOARD OF HEALTH Director of Public Health 212 MAIN STREET Patricia Abbott,R.N.,Public Health Nurse NORTHAMPTON,MA 01060 Aimee Petrosky,Health Inspector Heather Mcbride,Clerk 9-24-10 JAMES W &WENDY E HART 59 WEST FARMS RD FLORENCE, MA 01062 Dear Mr. and Mrs. Hart, The Northampton Board of Health on 9/22/10 received a complaint about 59 West Farms Road. The complaint was in regards to the general state of the property(unkempt lawn, trash, etc.). I conducted a street level inspection of the property on 9/22/10. While there is no current violation of health related codes,the property does appear to be uninhabited. Uninhabited properties may become sites for dumping which could become a concern. This is just an informative letter. Please let me know if there is or will be someone living at the property for our records. Thank you. Ben Wood, MPH Northampton Health Department BOARD OF HEALTH CITY OF NORTHAMPTON °RTHAMAT° MEMBERS DONNA C.SALLOOM,CHAIR MASSACHUSETTS 01060111.4,11011-'; SUZANNE SMITH,M.D. z Q� (� JOANNE LEVIN,M.D. voirf 411,74, � � STAFF OFFICE OF THE Benjamin Wood,MPH BOARD OF HEALTH Director of Public Health 212 MAIN STREET Patricia Abbott,R.N.,Public Health Nurse NORTHAMPTON,MA 01060 Aimee Petrosky,Health Inspector Heather Mcbride,Clerk 9-24-10 JAMES W&WENDY E HART 59 WEST FARMS RD FLORENCE,MA 01062 Dear Mr. and Mrs. Hart, The Northampton Board of Health on 9/22/10 received a complaint about 59 West Farms Road. The complaint was in regards to the general state of the property(unkempt lawn,trash, etc.). I conducted a street level inspection of the property on 9/22/10. While there is no current violation of health related codes, the property does appear to be uninhabited. Uninhabited properties may become sites for dumping which could become a concern. This is just an informative letter. Please let me know if there is or will be someone living at the property for our records. Thank you. Ben Wood, MPH Northampton Health Department @ 0 c) CK\6 \ zd C\ . aiHn_nr ---- � ' ` BOARD OF HEALTH t CITY HALL . 4gp `'lr- COMPLAINT RECORD * Date: Do I Time: GEO: cue j Type: Name of Co plainant: o Address: Tel: NATURE OFC PLAINT: CSAJ-i_LA._ G‘L L.N.,( raKu Location: SC( (/.44.0- -Urk-. tilt , Owner: '---A........(_ 1 (AA-0c4-_.k...J- Address: S Tel: C (j � ,c Taken by:(' Date of Inspection: 'Z , I Time: D >t , INSPECTOR'S REPOT: (4,,,4‘4.J. '{ 3 [ Irk“X71- I1` Lxi-• 11 ti0 iso , (e ,/A - c.,-, 30/7'? 57c-i 4‘,--(71 (w c AL-,-,,p) CZt /0„,..s cc,,,,--z- Evac. 3/„. (// )�yze c/ air 5�..y 11, .1,Photo(s)Taken Chock Box If YES Total#of Inspections: '/ Orders Issued?: v-_ Date of Final Inspection: ,/7a Notice of Compliance?: i -a Spector Signature 0