41 Complaint Record COMPLAINT REPORT
Complaintant: Ken Toppi, At # 41
Report by: Timothy E. Maginnis R.S.
Address: 41 & 43 Hayes Ave.
Property Owner: Seymor Rosen
75 Depot Road
Haydenville, MA
Date of inspection: August 18, 2008
Comments:
On this date I met with Ken Toppi, tenent of 41 Hayes Avenue.
This is a two unit dwelling with four bedrooms per unit. The bedrooms are leased
individually to 8 different people. Bathrooms and kitchens are shared.
As a result of this inspection I observed housing conditions which were in violation of
Chapter II, State Sanitary Code.
The following violations were noted:
Apt. 41
-- Ken Toppi's bedroom is poorly maintained, cluttered and unsanitary,
--Ken Toppi's bedroom door does not have a lock,
given on kitchen screen door, door does not close tightly,
- Inadequate trash collection. Lids of drums cannot be closed tightly. Not enough drums
for all tenents, Trash collection area is subject to animal invasion.
- Hole in hallway wall,
- N eke4 t e p 41
- No cover on oil fired furnace
— No fan in bathroom
- 3`d floor bathroom toilet seal might be leaking
- 2 11d floor bathroom has exposed pipes under sink
- mold and mildew observed in bathrooms
- observed cable tv wire improperly installed to Mr.Toppi's bedroom. Cable crosses
stairway and may be a hazard.
- wall surfaces could use painting
Apt.43
Met with and talked with two tenants who have no complaints.
Tim McGinnis
Northampton Board of Health
212 Main Street
Northampton, MA, 01060
I Seymour M.Rosen
75 Depot p6
HrydUUple.MA 01039
September 12, 2008
Dear Mr. McGinnis,
There were nine health violations citr 41 Hayes Avenue, of which seven wsere
tenant-caused. I have completed as many of the remedies as I can. I have marked with a
red 'T'those seven, in the enclosed copy of the violation letter.
I will go in order re each violation and the remedies which 1 have carried out.
The regkulation numbers all start with"410."
.289 The ventilation fan had been tampered with. When I removed the plate, I found the
fan could not operate because it was unplugged. I plugged it in and the fan is now
operating efficiently.
.352 Re Ken Toppi's bedroom: He has prevented me from looking into it, so I do not
know its present condition. It is possible that he has cleaned it up, as he has removed a
very large quantity of his possessons and piled them up in the living room, which is
supposed to be a common room for all tenants.
.352 The second floor bathroom, responisibility of occupants Ken Toppi and Shane
Sinclair(since moved out) has been badly maintained and generally neglected. I am not
sure of itas present condition, though the leaks were sealed by my handyman.
.482 The smoke detector had been tampered with. A covering section was removed,
stoppping operation of the hard wire and battery. I had the missing section replaced, and
the smoke detector is now fullly operational.
.500 The lock and doorframe of Ken Toppi's room were broken by a tenant. Mr. Toppi
asserts it wasn't he. I had a carpenter repair the broken lock and doorframe, and the door
now locks properly.
.501 The storm door is my responsibility. I have taken the temporary option of removing
it, as 1 cannot get the missing screen restored promptly.
.600 The storage of garbage is my responsibilitay, and the plastic cans were too
accessible to rodents. I have replaced all plastic trash cans with metal cans with secured
metal tops.
.602 Daily maintenance of the trash storge area is the responsibility of the tenants. I
provide a weekly trash removal service and make bi-weekly checks of the area.
(1 am not a resident landlord. I live in Haydenville.) I removed from the trash enclosure the
large wheelbarrow which took up so much room, but it was returned and chained to the
fence by its owner, Ken Toppi.
.750 The loose TV cable hanging in the hallway was removed by me when there was no
tenant action to do so. Th cable was put back , again loosely and improperly by its owner,
Ken Toppi.
I apprecitate your pointing out the health violations. As was evident in the adjoining
dlmitplex, 43 Hayes Avenue, there were no violations when there were responsible tenants
in cooperation with the landlord.,
Respectfully yours.
Seyniour M. Rosen
Landlord
NORTHAMPTON BOARD OF HEALTH
City Hall, 210 Main Street
Northampton, MA 01060
Tel #: (413) 587- 1214
The Northampton Board of Health has inspected your premises at#41
Hayes Avenue in Northampton, MA, for compliance with 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation ( State Sanitary Code,
Chapter II .
This letter will certify that the inspection revealed violations listed below,
which are serious enough so as to endanger or materially impair the health,
safety and well-being of the occupants
Under authority of Chapter III, Section 127 of the Massachusetts General
Laws, and Chapter II of the State Sanitary Code,you are hereby ordered to
make a good faith effort to correct the following violations
within FOURTEEN DAYS of the receipt of this order.
REGULATION
VIOLATION
REMEDY
410.281
Mechanical ventilation fan in bathroom
is does not operate.
Fix or replace mechanical fan with 14
days of receipt of this ORDER
410.352
Occupant
responsibility
Mr. Kenneth Toppi's bedroom is
poorly maintained, cluttered and
unsanitary. casing. Poor
housekeeping noted through-out the
apartment. The apartment needs a
good cleaning and sanitizing.
Clean and sanitize bedroom. Maintain
good housekeeping. Clean and
sanitize apartment effectively
immediately.
410.352
Occupant
responsibility
ar
2nd floor bathroom has exposed pipes
under sink, 3'"floor bathroom toilet
seat may be leaking, mildew and mold
has accumulated in shower stall.
Occupant shall keep all toilets, wash
basins, sinks, showers, bathtubs in a
clean and sanitary condition. Begin
proper housekeeping immediately and
exercise reasonable care in the use
and operation thereof.
410.482
Smoke detector in Apt. #41 does not
work.
Provide and maintain required smoke
detectors in compliance with State
Board of Fire Prevention Regulations.
Effective immediately.
/
410.500
7
Bedroom door cannot be locked due
to a broken lock and door
Repair of replace door and door lock.
Failure to correct said violations and improve housekeeping at 41 Hayes
Avenue may result in more severe legal action to abate said violations.
If you have any questions regarding this ORDER, please contact the Board
of Health office.
V_G
Timothy E.Maginnis-R S
Sanitarian
Northampton Board of Health
This inspection report is signed and certified under the pains and penalties
of perjury.
CERTIFIED MAIL# 7006 2760 0005 2243 0158
410.501 (B)
Storm door at kitchen is missing a
screen.
Replace screen with minimum 16
mesh per square in within 14 days
receipt of this ORDER.
410.600
Garbage and mixed garbage and
rubbish improperly stored.
Provide water tight and rodent proof
receptacles for proper waste storage.
Provide as many receptacles for
waste storage as are sufficient to
contain the accumulation as
necessary. Covers to be metal or
other durable rodent proof material.
410.6027
Trash storage area is not maintained
Maintain trash storage area on a
routine basis.
410.750
�erson(s)
TV cable was improperly installed in
hallway to upstairs apartments at#41.
This condition is deemed to impair the
health, or safety and well being of a
occupying the premise .
Install TV cable properly or remove it
immediately.
Failure to correct said violations and improve housekeeping at 41 Hayes
Avenue may result in more severe legal action to abate said violations.
If you have any questions regarding this ORDER, please contact the Board
of Health office.
V_G
Timothy E.Maginnis-R S
Sanitarian
Northampton Board of Health
This inspection report is signed and certified under the pains and penalties
of perjury.
CERTIFIED MAIL# 7006 2760 0005 2243 0158
I ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE I
"MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT:
BOARD OF HEALTH
MEMBERS
JAY FLEITMAN,M.D.,Chair
SUZANNE SMITH,M.D.
DONNA SALLOOM
STAFF
Xanthi M.Scrimgeour,MHEd.,CHES
Director of Public Health
Timothy E.Maginnis R.S.
Sanitarian
(413)587-1214
FAX(413)587-1221
CITY OF
NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
41 Hayes Avenue, Northampton, MA 01060
DATE: August 19, 2008
ORDER ADDRESSED TO: Seymor Rosen
75 Depot Road
Haydenville, MA 01060 01096
COPIES OF REPORT TO: Kenneth Toppi
41 Hayes Street
Northampton, MA 01060
This is an important legal document. It may affect your rights. You may
obtain a translation of this form if necessary.
Isto a um documento legal muito importante que podera afectar os seus
direitos. Podem adquirir uma tradgao deste documento de:
Le suivante est un important document legal. II pourrait affectar vos
droits. Vous pouvez obtenir une traduction de cette forme a:
Questo a un documento legale importante. Potrebbe avere effectto sui
suoi diritti. 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:
NORTHAMPTON BOARD OF HEALTH
City Hall, 210 Main Street
Northampton, MA 01060
Tel #: (413) 587 - 1214
The Northampton Board of Health has inspected your premises at#41
Hayes Avenue in Northampton, MA, for compliance with 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation ( State Sanitary Code,
Chapter II .
This letter will certify that the inspection revealed violations listed below,
which are serious enough so as to endanger or materially impair the health,
safety, and well-being of the occupants.
Under authority of Chapter III, Section 127 of the Massachusetts General
Laws, and Chapter II of the State Sanitary Code, you are hereby ordered to
make a good faith effort to correct the following violations
within FOURTEEN DAYS of the receipt of this order.
REGULATION
VIOLATION
REMEDY
410.280
Mechanical ventilation fan in bathroom
is does not operate.
Fix or replace mechanical fan with 14
days of receipt of this ORDER
410.352
Occupant
responsibility
Mr. Kenneth Toppi's bedroom is
poorly maintained, cluttered and
unsanitary. casing Poor
housekeeping noted through-out the
apartment. The apartment needs a
good cleaning and sanitizing.
Clean and sanitize bedroom. Maintain
good housekeeping. Clean and
sanitize apartment effectively
immediately.
410.352
Occupant
responsibility
2ntl floor bathroom has exposed pipes
under sink, 3rtl floor bathroom toilet
seat may be leaking, mildew and mold
has accumulated in shower stall.
Occupant shall keep all toilets, wash
basins, sinks, showers, bathtubs in a
clean and sanitary condition. Begin
proper housekeeping immediately and
exercise reasonable care in the use
and operation thereof.
410.482
Smoke detector in Apt. #41 does not
work.
Provide and maintain required smoke
detectors in compliance with State
Board of Fire Prevention Regulations.
Effective immediately.
410.500
Bedroom door cannot be locked due
to a broken lock and door
Repair of replace door and door lock.
410.501 (B)
Storm door at kitchen is missing a
screen.
Replace screen with minimum 16
mesh per square in within 14 days
receipt of this ORDER.
410.600
Garbage and mixed garbage and
rubbish improperly stored.
Provide water tight and rodent proof
receptacles for proper waste storage.
Provide as many receptacles for
waste storage as are sufficient to
contain the accumulation as
necessary. Covers to be metal or
other durable rodent proof material.
410.602
Trash storage area is not maintained
Maintain trash storage area on a
routine basis.
410.750
TV cable was improperly installed in
hallway to upstairs apartments at#41.
This condition is deemed to impair the
health or safety and well being of a
person(s) occupying the premise .
Install TV cable properly or remove it
immediately.
Failure to correct said violations and improve housekeeping at 41 Hayes
Avenue may result in more severe legal action to abate said violations.
If you have any questions regarding this ORDER, please contact the Board
of Health office.
Sanitarian
Northampton Board of Health
"R
Timothy E.M a g Innis S
This inspection report is signed and certified under the pains and penalties
of perjury.
CERTIFIED MAIL# 7006 2760 0005 2243 0158