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32 Complaint Record & Orders to Correct & Housing Inspection BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date._/-/3-7t„ Time..//goy,u'. of 44,-, USS 3d ....._.. Tel............................... ................ . ....... ....... 1/ t............................ re of Complaint ............�. ........... . . tion of Premises 34_ .._. .................. er ...._.............................__. ress -- uPant. ......... . .en by GDli...-,... ........... Referred to....................................... / 3-- 7.!.................. Time.._/..........._ to of inspection ...............................- ti. � �-p��Q��'% .................................................................... %C u. tionTaken ........................................ Inspector �J' 1" P — BOARD OF HEALTH AosN T.JOYCE. Ch nn1an JOSEPH G. PENAIA,M.D. KATHLEEN O'CONNELL, R.N. PETER J.MCERIAIN, Health Agent CITY OF NORTHAMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 TEL.(413)5849091 ORDER TO CORRECT VIOLATIONS OF ARTICLE II OF THE STATE SANITARY CODE " MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION" AT 2 Hi•hland Avenue - 2nd floor ; s-rtment ORDER ADDRESSED TO: Stephen Be Mildred Sta k ff 32 Highland Avenue Northampton Mass. 01060 ;OFIES OF' INSPECTION REPORTS ISSUED TO: DATE January li 7978 Rene Andersen 32 Highland Avenue Northampton Ma. 01060 This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma traducao dente documento de: Le suivante est un important document Vaal. II pourrait affecter vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo a un documento legate importante. Potrebbe avere effetto sui suoi diritti. Lei par ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus derechos. Ud. Puede adquirir una traduction de esta forma en: • AUTO ELVQL EVQ OtiUavr LHO VOULHO E r s YYPatyo. tfnOOEI vim suT1pectos' TOE VOULHQ oQS SLHQLwµQTQ. MTOpELTE Va nQpETE LETQtppaorl QUTOU TOU EYYpcNOU am) TO 9 t -! :47 l , 1 Cc. — 'ems T -4)] , % - A c4 ,314 jai -,L )J-� fT Board of Health, Northampton, Mass. 210 Main Street -- Tel. No. 581-90%1 • The Northampton Board of Health has inspected the premises at 32 Highland Avenue , Northampton (assessor's map 2$C parcel 188 .), for compliance with Article II of the State Sanitary Code. This letter will certify that the inspections revealed violations, listed below, which are serious enough as to materially endanger or materially impair the health, safety, and well-being of the occupants. Under authority of Chapter 111, Section 127L of the Mass. General Laws, and Article II of the State Sanitary Code, you are hereby ordered to begin the necessary repairs or contract with a third party within five (S) days of the re- ceipt of this order and to make a good faith effort to substantially complete correction, within fourteen (14) days of the receipt of this order, the following violations: Regulation Violation 6.1 Thermostat not operating properly 13.1 rear entry doors are cracked, loose ` e fitting and not weathertight 13.1 plaster falling from walls of ream i stairway 18.$ the lock on the front door of the G apartment is not operating properly Remedy repair or replace thermostat repair and make rear doors weathertight repair rear stairway walls repair or replace the lock If you have any questions about this matter, please contact me. Thank you for your cooperation. cc: Rene Andersen Certified Mail # 864271 Very truly yours, Peter J NcErlain Health Agent / C C_ Hearin Persons have the right to seek a modification of an order. To accomplish a modification, a person must file in writing a petition for a hearing before the Board of Health. Petitions must be filed on time in accordance with the regulations below: a) Any person or persons upon whom any order has been served pursuant to any regulation of this code (except for an order issued after the requirements of Regulation 33 . 2 have been satisfied) ; provided, such petition must be filed within seven days after the day the order ::as served ; b) Any person aggrieved by the failure of any inspector (s) or other personnel of the board of health: (1) to inspect upon reeuest any premises as recuired under this code; provided, such petition must be filed within thirty days after such inspection was requested ; or (2) to issue a report on an inspection as required by this code; provided, such petition must be filed within thirty days after the inspection; or (3 ) upon an inspection to find violations of this Article where such violation are claimed to exist or to certify that a violation or combination of violations may endanger or mate- rially impair the health or safety, and well—being of the occupants of the Premises; provided, such petition must be filed within thirty days after receipt of the inspection report; or _(4) to issue an order as required by Regulation 33 .1; provided, that such petition must be filed within thirty days after receipt of the inspection report. Any person upon whom this order has been served or any person ggrieved by the failure of the inspector to perform as enumerated bove has the right to be represented at a hearing and any adverse arty has a right to appear at said hearing. _ Public Documents All relevant inspection or investigation reports, orders, notices old other documentary information in the possession of the Board of lealth are open for inspection and may be copied for a fee. Remedies and Penalties Part of the Inspection Report contains a brief summary of some egal remedies tenants may use in order to get Housing Code violations ;orrected. Failure to comply with this order also subjects the person )rdered to a criminal fine of not less than ten ($10. 00) dollars, nor lore than five hundred ($500) dollars for each day' s failure to comply iith this order. CITY/TOWN BOARD OF HEALTH DEPARTMENT NORTHAMPTON. MASS. ADDRESS -7C 7/ TELEPHONE This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto a urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma traducao deste documento de: Le suivante est un important document legal. II pourrait effecter vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo a un documento legale importante. Potrebbe avers effetta sui suoi diritti. Lei puo ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus derechos. Dd. Puede adquirir una traduccion de esta forma en: Auto ELVO.L Eva Oi/¢OVTLXO VOf1LXO EYYPaWO. UnDPEL VO. Y BETjPEOUEL TO VO¢LHO QOg CJLXO L(ilf10T6. MEOOELTE VQ nU.pETE UETUWpaOT/ UUTOU IOU EYYP4rpOU oro TO �r . i 74 -4 a J.,� YJJ— d '. .=, :rfill� rl1 , 1.1 BOARD OF HEALTH 4 bb�� NORTHAMPTON, MASS. tLie /*/Mff 6< %G0 SS'/./ -`109/ /WRITE IN BOARD OF HEALTH ADDRESS AND TELEPHONE NUMBER ABOVEI ARTICLE II STATE SANITARY CODE ADDRESS: 3c)-- h NO.OCCUPANTS. Lit---�K t-- 44kz i — _ FLOOR: _APT.APT. NO.: _____ NO. DWELLING UNITS: __ __—__ __NO. ROOMING UNITS: NO. STORIES: BASEMENT: _ _ TYPE STRUCTURE: FRAME: BRICK SEMIDETACHED:__ DETACHED:____ NO. OF HABITABLE ROOMS: ___ __ / NO. OF SLEEPING ROOMS: _ _ ____ OWNER: _ ADDRESS: X= VIOLATION IEGULATION BATHROOM YES NO .1 A(a) 3.181a) Is toilet with seat available? .1 A(b13.13(b) Is washbasin available? .1 A(c) 3.1 B(d Is shower or bathtub available? .1D 3.2 Are the facilities in a clean, smooth, impervious and sanitary condition? .1 (9.1 & 9.2) Is cold water for facilities available with sufficient ouantiry)? .1 (9.1 &9.2) Is hot water for facilities available (120 F - 140 E) ? . . ...- - .1 & 9.2 Are the facilities properly connected to drain line? .3&9.3 Is there at least one light fixture in good repair? - .4&9.3 Is there an electrical outlet in good repair at washbasin? . . 3.1 & 13.1A Are the windows in good repair weathertight and fit for the use intended? • .;�q_p; 3-1 Are the doors in good repair and fit for the use intenoed? 3.1 & 13.6 Are the wails in good repair and fit for the use intended? 3.1 & 13.6 Are the floors in good repair and fit for the use intended? - , L1A &8.18 Is there proper ventilation? 3.6 Are the floors and walls of nonabsorbent material? .. __. 4.5 Are the exterior openings properly screened? REGULATION - KITCHEN L1 Is the room suitable? - Ll(a) Is sink available and of sufficient size and capacity? - 1119.1 &9.2) Is cold water for the sink available (with sufficient quantity and pressure)? 5.1 (9.1 &9.2) Is hot water for sink available (120 F- 140 F)? ' 3.1 & 9.2 - Is sink properly connected to drain lines? _ 2.1(b) Is there a working stove and oven? 3.3 Is the stove and oven properly connected and vented? ..- 12 - Are the facilities clean, smooth, impervious, nonabsorbent?:. . -. .. 7.2(a) Is there one light fixture in good repair? 7.2(b) Are :here two electrical outlets in good repaid 7: 7.2(c) Are the windows (if kitchen exceeds 70 sq.ft.)equal to at feat 10% of the floor.area?• - .. . 13.1 & 13.1A Are the windows in good repair,weathertight and fit forthe'use irtended?' , - 14.5 Are the exterior openings properly screened? 13.1 Are the doors in good repair and fit for the use intended? _ .. 13.1 - Are the walls in good repair and fit for the use intended?. -, .... 13.1 Are the ceilings in good repair and fit for the use intended?. - 13.1 Are the floors in good repair and tit for the use intended? -- 1- -- • '�• 13.6 - Is the floor impervious and easily cleanable? -. _ . ---.1°----,1: 2.1(c) Is there adequate space and facilities for instaling of Refrigerator?. - - "' 8.1A, 8.13(a) Is there sufficient ventilation? , - 9.3(a) 9.3(b) Are all owner installed appliances properly installed? 9.4 Are all occupant installed appliances properly installed? I GULATION LIVING ROOM YES NO la) Is there sufficient natural light? Id) Are there two separate electrical outlets in good repair? • - (bl Is there one outlet and one light fixture in good repair? A, 8.18(e) Is there proper ventilation ? lA Are the windows in good repair. weathertight and fit for the use intended?_._. 1 Are the wails in good repair and fit for the use intended? 1 Are the ceilings in good repair and fit for the use intended? - . , - 1 Are the floors in good repair and fit for the use intended? 5 Are all exterior openings screened? - - - GULATION SLEEPING ROOM # 1 (Identify) la) Is-there sufficient natural light? (b) Are there two separate electrical outlets in good repair? - (b) Is there one outlet and one light fixture in good repair? . : A, 8.13(e) Is there proper ventilation? .1A Are the windows in good repair,weathertight and fit for the use intended? _._.. .1 - Are the walls in good repair and fit for the use intended? .1 Are the ceilings in good repair and fit for the use intended? .1 Are the floors in good repair and fit for the use intended? . . . .5 Are all exterior openings screened? Is there adequate space for the number of ogi upants? - - EGULATION SLEEPING ROOM 2 (Identify) 1(a) Is there sufficient natural light? I(b) Are there two separate electrical outlets in good repair? - - 1(b) Is there one outlet and one light fixture in good repair? 1A, 8.18(e) Is there proper ventilation? L1A Are the windows in good repair,weathertight and fit for the use intended? L1 Are the walls in good repair and fit for the use intended? ,. 1.1 Are the ceilings in good repair and fit for the use intended? LI Are the floors in good repair and fit for the use intended? ),5 Are all exterior openings screened? - I Is there adequate space for the number of occupants? • EGULATION SLEEPING ROOM 3 (Identify) 1(al Is there sufficient natural light? 1(b) Are there two separate electrical outlets in good repair? , 1(b) - Is there one outlet and one light fixture in good repair? '- c r` 1A. 8.18(e) Is there proper ventilation? }JI 3.1A Are the windows in good repair, weathertight and fit for the use intended 3.1 Are the walls in good repair and fit for the use intended?; " ' -' 3.1 Are the ceilings in good repair and fit for the use intended? . 3.1 Are the floors in good repair and fit for the use intended? 4_5 Are all exterior openings screened? . . I. 1 Is there adequate space for the number of occupants? X= VIOLATIONS EGULATIONS COMMON AREA AND EXITS YES I NO 5 Are interior common areas properly illuminated at all times? I 7 Are there operational and sufficient and properly located light switches and fixtures? I I 3.1A Are the windows in good repair, weathertight and fit for the use intended? ) 3.16 Are the doors in good repair, weathertight and fit for the use intended..\1 13.1 L5 Are all doors screened as required? � 3.1 Are the ceilings in good repair and fit for the use intended? I 3.1 �� (), V Are the .valls in good repair and fit for the use intended? J1Yt . I 3.1 Are the floors in good repair and fit for the use intended? Cl�^'" U ` Are the stairs in good repair? 5.8 & 15.9 Are all common areas clean? I 3.1 Are the stairways in good repair and fit for the use intended? 3.3&134 Are handrails in good repair and fit for the use intended? 1 3.5 Are all required balusters or other devices in place? s I 3.4 Is every entry door of a dwelling unit fined with a proper lock? Are there walls or protective railings as required? 3.3 Does the main entry door of a dwelling close and lock automatically? I 3.6 - Is the building properly posted with the name of owner? I I 2 Are the common bathroom facilities clean? I 2.1 & 12.2 Are there sufficient and properly maintained exits? EGULATIONS EXTERIOR Are light fixtures and switches properly located? 13.1 Is the chimney in good repair? 13.1 Are the porches in good repair? 13.1 - Is the foundation in good repair? 13.1 Are the stairs in good repair? 111 Are the structural elements in good repair? 13.3.13.4 & 13.5 Are all required hand railings and balusters in place and in good repair? 13.4 Are there walls or protective railings as required? 15.4 Is the storage of rubbish and garbage proper (occupants)? 15.3 Are there sufficient and properly located receptacles? 15.10 Are the private passageways or rights of way clean and sanitary? 13.1 Are the gutters and down spouts in good repair and fit for the use intended? X= VIOLATIONS IEGULATIONS GENERAL YES NO 0.1 Are all required services are available and working?i� n .1 Are the heating facilities in good repair? ,� kA 1/14 Is heat being supplied at proper terperatures. 68 F - 78 F)? ,1 Are hot water heating facilities in good repair? .3(a) Are all required facilities properly installed and vented? ',.5 All space heaters in use meet the proper requirements? '.9 Is there no temporary wiring in use? Location? Is the electrical service safe and adequate? - 4.1, 14.2 & 14.3 The dwelling is free of insect/rodent presence? 5.7 Is the dwelling unit maintained in a clean and sanitary condition by the occupants? 2 EGULATION OTHER - - r ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL—BEING OF THE OCCUPANT AS DETERMINED BY REGULATION 29.2 OF THE CODE OR THE AUTHORIZED INSPECTOR. INSPE OR IJ (cr7 DATE THE NEXT SCHEDULED REINSPECTION IS: T ITLE 10= re TIME A.M. P.M. DATE ' TIME 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 payments.You can do this 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.) 2. Repair and Deduct (General Laws Chapter 111 Section 127L). The 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 r 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 to enter into a written contract to have them made) within five days after notice or to completerepairs 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 Evictions 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 rou have made the complaint he or she will have to show a good reason for the increase or eviction which is rnrelated to your complaint. You may be able to sue the landlord for damages if he or she tries this. L Rent Receivership (General Laws Chapter 1111 Sections 127C-H). The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid nto court rather than to the owner. The court may then appoint a "receiver"who may spend as much of the rent noney as is needed to correct the violation. The receiver is not subject to a spending limitation of four months' ent. 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 tot meet minimum standards of habitability. i 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 vhich you may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW BEFORE YOU DECIDE TO NITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU :ONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY, YOU SHOULD ONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: (NAME) (TELEPHONE NUMBER) (ADDRESS) •