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888 Inspection & Correction Orders 2012 CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS: Donna Saltoom, Chair—Joanne Levin, MD—Suzanne Smith, MD STAFF:Merridith O'Leary, RS Direc,or—Daniel Wasiuk Inspector—Edmund Smith, Inspector Jennifer Brown, RN,Nurse January 14,2013 Lorraine Clapp-O'Keefe&Kevin O'Keefe,owners 1031 Chesterfield Road Northampton, MA 01060 Dear Property Owner/Manager: Please consider this a letter of compliance for a violation notice sent to you by the Northampton Health Department dated 12/10/2013 for property located at 888 Chesterfield Road,Northampton,MA. You are the owner/manager of record and are therefore responsible for maintaining the property in accordance with state and local law. This office will continue to monitor the property to ensure it continues to be cleaned, maintained and does not represent any public health and safety threat. You are mandated to do the same. Thank you for your cooperation. Sincerely, Edmund Smith Health Inspector,Northampton Health Department liat eat/ / 9-Q-,0 e � 2-4-5/' 'n 3 212 Main Street,Northampton,MA 01060 Ph(413)587-1214 Fax(413)587-1221 City of Northampton Mail-correction order correction order 2 messages https://mail.googl e,cont/mai I/u/0/?ui=2&ik=9954d8032f&view=pt&se... Ed Smith cesmith@northamptonma.gov> Lorraine Clepp•O'Keefe<Ijcokeefel53 @comcast net> Wed,Dec 19,2012 at 6:13 PM To:esmith@northamptorma.gov H Ed, We received the correction order for 888 Chesterfield Rd. We ended up getting both copies because the names don't match up with the addresses. I don't know if you have to issue a corrected version,but the occupant is Julianne Guyette, phone 588-1137,888 Chesterfield Rd. And the owner names are Lorraine Clapp-O'Keefe and Kevin O'Keefe, phone 586-7581,cell 413-222-2013(ergrokeefe @comcast net),1031 Chesterfield Rd. I plan to prtll the permit tomorrow or Friday and the work will be dorm before 1/7/2013 as indicated on the order. But,for your records,you might want to correct the names. And you could send a corrected version to the tenant,the mail person delivered it here because it had my name on rt even though the address on it was 888 Chesterfield Rd. Thanks for working with us on the code issues and the(inaccurate)concerns of the tenant. Lorraine Clapp-O'Keefe Ed Smith<esmith@northamptonma.gov> Thu,Dec 20,2012 at 913 AM To:Lorraine Clapp-O'Keefe<pcokeefe753 @comcastmet> Cops,sorry about thaL.l will correct the file copy and send an amended to the address you gave me for the occupant. My visit to the house assured me that while complicated,the house with its systems is being actively maintained and the owners are being responsive to issues I noticed during the visit I can see that it presents challenges as a rental,but your lease appears to address limitations of the technology with respect to numbers of occupants.etc. sincerely Ed Smith [Quoted tw hidden] Edmund Smith Health Inspector Northampton Health Department 212 Main Street,Northampton MA 01060 (413)587-1339 Regular Schedie. Monday 8 Wednesday,8-4.30;Thursday 8-12 noon. 1 of 1 12/20/2012 9:35 AM CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS:Donna Salloom, Chair-Joanne Levin, MD-Suzanne Smith, MD STAFF:Merrtdi h O'Leary.RS Director-Daniel W siuk.Inspector-Edmund Smith,Inspector-Jennifer 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 12/10/2012 Lorraine Clapp 0 Keefe& Kevin O'Keefe 1031 Chesterfield Road, Florence MA 01062 Dear Property Owner/Manager: An authorized inspection was made by a designee of the Northampton Health Department of your residence located at 888 Chesterfield Road, Northampton, MA on12/10/2012. 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 R. S Health Inspector, Northampton Health Department c Occupant /l . yp . ZOi t ittaiucurip fl'irgals- 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 Date 12/10/2012 Time 1:00 pm #Occupants: 6 or 7 #Children<6 Years:3-4 Occupant Name:Julianne Guyette Phone#588-1137 Address :888 Chesterfield Road City/Town Florence MA At# NA(SFD) Owner Name:Lorraine Clapp O'Keefe&Kevin O'Keefe Phone#586-7581ce11413.222.2023(engrokeefe@comcast.net) Owner Address:1031 Chesterfield Road City/Town Florence Zip Code 01062 Inspector:Edmund Smith Title Health Inspector Area or Element Type of Violation Possible Code SMbn(s) ha Violation Observed Responsible Party Description water &ono Exterior, Yard& Porch Locks,striker mechanism(4 or more units) 480 Posting,ID,Exit signs/emergency lights 481,483,484 Handrails,steps doors,windows,roof—maintenance: facing deck:front right needs guard system(>30"to ground)to stairs which need hand rail(3 steps,needs handrail) 500,503 X X Weather tight elements 501 Rubbish-storage and collection 600,601 Yard maintenance-trash,debris,vegetation 602 Electrical Type(circle): 110 220 Amp: Amperage,temporary wiring,metering:Solar system w/storage batteries:Owner advised by H.A.George tech (tech was present because CO detector had gone off/determined to be from generator running on deck and CO coming in deck door when opened)that trace Hydrogen was detected issuing from protective battery box,advised adding clamps to seal box better/not done by date of inspection 250,255.256,354 X X Smoke& CO Detectors Required&operational:Functioning at time of inspection 482 Note:CO detector not needed for all electric! Pests Free of pests/harborage 550 Bedbugs/cockroaches/rodents-evidence 550 Other Refe ral: ❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ Other This inspection report is signed and certified under the pains and penalties of perjury. Inspector Signature Occupant or Occupant's Representative Signature Re-inspection Date 1/7/2013 Time:to be arranged 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 * Exterior:deck Lacks guardrail for portion over 30" off ground (end section has rails and posts in place but no balusters—check with building inspection services for currentcode requirements); 3 stairs to deck require handrail (not present);Owner's responsibility: 30 days to correct Electrical system: battery box Owners need to add latches to tightly close battery box as advised by H. A.George technician; Owner's responsibility: 30 days to correct 410.990: continued IHF WI I OWING IS A MIFF SI AWARE OF S(IMEOF l HF.I FC TAI.RE MEI)IFS EN ANISNA\ 5:-IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. I. Rent Widhholdine(General Laws Chapter 239 Section 3A). JTGode Triolairchs Are:lot Being Corrected ton i:t be chiblcd ro bald b eLl,Hn'ent pament. You can do this-hilt»ont being enacted it You can prove tat your iwelling unit oremmtan eleas cotrair violations which are serous enough to endanger or materially impair your Indnb or safety and that your landlord:mew an out the violations ()elute you were benn d tit yomrent. L. You did not cause the violation and they can be repaired while you continue m live in the building. C You are prepared to pay any portion of the lent via court ifajndge orders you to pay for it. (for this it is beer to an the tent money aside in a sale place 2. Repair and Deduct((tenant Laws Chapin 111 Section 1271. This law swranmes allows you to use your rent money to matte the repairs yourself If pony local code e,horcenenr agency cetifesthat there me code violations which endanger ornmtedally impair your health.snhty yell-being and your landlord has received written notice of the violations.you maybe able rouse this remedy. If the owner ERE m['ego ppoD5Euy repair,RR cuter into a iritten contract to hace'bemncle)within five dame atter notice or to complete opals within 14 days njret nofire yen can u euj to tour months'rent is any year to make the repass. 3 Retalatery Rent Increases or Eviction Prohibited IGcneral Laws Chapter 186, Section 18 and eagles 239 Section 2A). IDo 011,71CT may not increase sour rent or Aactyou retaliation bnnalings complaint to your local code e:'forcemeat aoerry about rode violation, It to owner trope.your rent or noes to evict within six months aneryou have trade the complaint he or she will have to show a good reason for the inaeaseor evictionwirtch isunrelated to your complain. You may be able to sue the landlord for damages if he o:site tries this. 4. Rent Receivetsldp(General Laws Chapter ill Section 127C-H) The occupants anchor the board of health may petition the District or Superior Court to allow rcit to be paid into cony lacer than to the owna. The court may then appoint c"r who may spend as couch of'he rem smutty as is needed to corect the vinlatior_ Hie receiver n net;rhea ma spending limitation oftnv ninths ant 5. Search of Warranty of Habi oh:1PS. Leanest be entitled tc she yourlandla'c m have alt son fy mn:remind if your dwelling unit does ac met unmamn standards of habitability. 6 Unfair and Deceptive Practices(C:°enetal T awe Chapter 911A) Renting an apartment with code violations is a violation of the consumer protection act and regulations for which you may sue an owls:. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION I Ic 4D S-\BLETHAT YOU CONSULT AN ATTORNEY.YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFTC'E WHICH IS (NAME) (TELEPHONE NUMBER) (ADDRESS) CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS: Donna Salloom, Chair—Joanne Levin, MD—Suzanne Smith, MD STAFF::Merridvh O'Leary,RS.Di rector-tunic!Wasiuk.Inspector-Edmund Smith.Inspector-Jennifer Brown, RN,A'urse CORRECTION ORDER Issued under the Provisions of The State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation 105 CMR 410.00 12/10/2012 Ann Guyette& Kevin O'Keefe 1031 Chesterfield Road, Florence MA 01062 Dear Property Owner/Manager. An authorized inspection was made by a designee of the Northampton Health Department of your residence located at 888 Chesterfield Road, Northampton, MA on12/10/2012. 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 R. Smith Health Inspector, Northampton Health Department c: Occupant /Y •/?_ Zd7z 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 Date 12/10/2012 Time 1:00 pm #Occupants: 6 or 7 #Children<6 Years:3-4 Occupant Name:Lorraine O'Keefe Phone 4586-7581 Address :888 Chesterfield Road City/Town Florence MA Apt# NA(SFD) Owner Name : Ann Guyette&Kevin O'Keefe Phone# 588-1137;413.2222023(engrokeefe @comcast.net Owner Address:1031 Chesterfield Road City/Town Florence Zip Code 01062 Inspector:Edmund Smith Title Health Inspector Area or Element Type of Violation Possible Code SectioMs) hif Violation Observed Responsible P rry Description 1/7/2013 Time:to be arranged owner occupant Exterior, Yard& Porch Locks,striker mechanism(4 or more units) 480 Posting,ID,Exit signs/emergency lights 481,483,484 Handrails,steps,doors,windows,roof—maintenance: facing deck:front right needs guard system 1>30"to ground)to stairs which need hand rail(3 steps,needs handrail) 500.503 X X Weather tight elements 501 Rubbish-storage and collection 600,601 Yard maintenance-trash,debris,vegetation 602 Electrical Type(circle): 110 220 Amp: Amperage,temporary wiring,metering:Solar system w/storage batteries:Owner advised by HA,George tech (tech was present because CO detector had gone off/determined to be from generator running on deck and CO coming in deck door when opened)that trace Hydrogen was detected issuing from protective battery box,advised adding clamps to seal box better/not done by date of inspection 250,255,25X 354 X X Smoke& c0 Detectors Required&operational:Functioning at time of inspection 482 Note:CO detector not needed for all electric! Pests Free of pests/harborage 550 Bedbugs/cockroaches/rodents-evidence 550 Other Refe ral: ❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ Other This inspection report is signed and certified under the pains and penalties of perjury. Inspector Signature j i4te Occupant or Occupan Representative Signature Re-inspection Date 1/7/2013 Time:to be arranged 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 Exterior: deck Lacks guardrail for portion over 30" off ground (end section has rails and posts in place but no balusters—check with building inspection services for currentcode requirements); 3 stairs to deck require handrail (not present); Owner's responsibility:30 days to correct Electrical system: battery box Owners need to add latches to tightly close battery box as advised by H.A. George technician; Owner's responsibility: 30 days to correct 410.990: comtimted I HE WI I OWING IS A HRIPV SI %WARS OF SOME )F I HE LH'AI ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. MIA)IFS G\ANIS :4' i-IN I. Rent Withholding(General Laws Cheptei 239 Section 3A). If Cone Giolancns 4-c:or Bc;tg Cop rented you erne Go en idcd to':old back Into;eel pmoveer You one do tlri: 'shoot beteg n).Gen or: A. You can prove-hat yore dwelling trail or comuon areas emrair violations which are scions enough to endanger Cr rnaterialy impair your health or safety and(ha your landlord mew airbout the Violanons Iefsae you wem'oelrhid It y our rem. L. You did not cause the violations and they can b:repaired while you conrnue:o Inc in the baildine. C. You are prepared to pay-any portion of the-en--nit corer if a incr.orders you to pay for it. (for this it is best to Fut the tent money aside in a sale place.( and Deduct(General Laos Chaptm 111 Section 1271). This law snmamnes allow you to use yore rent money to make the repairs yorself If your local code c'rremmrt agency nerbies met duere ate code dolntious vticl)endanger ormaterially hnl:alt your health.sorty of yell-been:qi and your andlord has received written notice of violation.you tray be able to tie this remedy. If the owner leis to begin oecesany repair enter into a written content to hate then nude)within the da.i after notice or to complete repair(within 14 daysafim notleo yoncan use up to fon months'real in any year to make the reps .. 3. Retalmcxv Rent Increases or Eviction Prohibited 1Generul Laws Chapel 156. Section ES and Crept= 239 Sccroh 2A). The tie.vner may nor fED ease lwavent or evict you in retaliation fm maltim a conglsint to our local code ererecement ane y about code violation).Ii the owner:aree.ymr rem onles to evict withinsix months at%eryou have made thecomplait he or she will have to show good reason for nose increase or eviction w etch istmrelated to yon complain. You may be able-o sue the landlord for damages if hz or she uies Wis. 4. Rent Receivership(General Laws Charter Ill Sections 127C-H:. The occupants and al the Ord of health may petition the Dreier or Superior Comt to aliow teat to be paid into core iarher than to the onna'. The court may then appoint r 'receiver"v.to may spend a much of he rent inane,as is needed incur net the vinlarion-The recen-er is nut sureect to a spending limitation of trey ntnnthx-ent. 5. Sunrch of Wananty of Hebi ab'.lity Yonmay be entitled to sue yo cr landlord to have alto:sane ofyarrrent-remind if your dnellirre unit deco net meet unrdrsnot standards of habitabliy. 6 I:ntnir and Deceptive Facdm(General i area Chapter 936 Retiring an apartment with co1e'notatimts is a violation of the consumer protection ac and regulations for which you may sue all ovi.en THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW,BEFORE YOU DECIDE TO WITHHOLD YOUR RE\TOR TAKE ArY LEGAL ACTION IT Iv SD'-S BEE THAT YOU CONSULT AN ATTORNEY.YOU SHO_LD CONTACT THE NEAREST LEGAL SERVICES OFFICE A9IIC'H IS. (NAME) (TELEPHONE NUMBER) (ADDRESS)