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5 Complaint Record & Housing Inspection 5 HIGHLAND AVE 25C-196-001 Complaint Detail Report Printed On:Mon Aug 16,2013 Complaint ft CT-2014000050 Status: BOH-open ICIS#: 4572 Violator: Address: _. 5 HIGHLAND AVE _. _ iMap 25C Address: Date Recvd.: Aug-26-2013 Time Recvd.i 12c 15 PM Block: 1196 _ _ Category: Housing Lot OOI Type:rt GeoTMS Module: Board of Health District 1800 'Trade: 'Recorded By: Heather McBride Zoning: �,URC(100)/ Structure:Conventional FR(Evat Description: Complaint: Chronic dampness,mold in basement,woulJ like ins0enion Comments: Inspector Assigned to Complaint Contacts Contact Type Date Time Name Phone Best Time To Reach Recorded By Response caller Aug-26-2013 12'.15 PM Laura Soforenko (503)847-9815 0 Heather McBride Actions Taken GeoTMS Module Status Dale Time Response Type Action Taken Comments Board of I lealih REFERRAL 5/L7/204 ' PI- ft, 0-)17P. 19 a7 huQ /. "‘" td OtIeeeP Gr/e o-- P740,-. — 2-1,--te-,2 c,, elis Cyr - (4-vaal ////f-m4 "- ) ?C:45eGA;0.1l.�1156-14ct i>-re_ {Oee7 O _ 5.‘dtraA- I 7 ...... -fLe. r.wv(C-4.4--( BOARD OF HEALTH _, 4f CITY HALL " ��� )� COMPLAINytECO lei a 2111 • ' I, off weir : gra ompla nan (11ir0. SDTbfQ,hkJe � -L '\NAT5RE OF COMPLAINT: g ''YY�h IS U0fri60� EMI) rM ion: :r q einalwasstaran■I es SIM,•Z INSPECTOR'S PORT: V L M R w�@ C ,r e 'E, � - /b)1rI0 9 4& e a-^- /I tLiA' 1. y3.(iv, t tal#of Inspections: .te of Final Inspection: Inspector Signature 019:t'I Ph to vl Taken Orders Issued?: Notice of Compliance?: CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS.Donna Salloom, Chair—Joanne Levin, MD—Suzanne Smith, MPH, MD— STAFF;Me.r,dnh oZeary,RS,Otrecmr- William Hargraves—Cynthia Suopis, PhD Daniel Wasiuk.Inspector-Edmund Smith,Inspector-Jenmyer grown,RN,Nurse CORRECTION ORDER Issued under The State Sanitary Code, Chapter ii, Minimum Standards of Fitness for Human Habitation 105 CMR 410.00 Note: This is an important legal document that might affect your rights. Este es an documento legal importance que padora afectar sus derechos. August 28, 2013 Ronald J. Tomasauckas& Donna M. Bliznak 11 Maple Avenue, Northampton MA 01060 Dear Property Owner/Manager: An authorized inspection was made by a designee of the Northampton Health Department of your property located at 5 Highland Avenue,Northampton, MA on August 28,2013. 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 Smith Health Inspector Ctoccupant , LE Coloal &. LS 7oi3 �FwMPT CzEK�'gF� "TO CwtAac> «r-Cr> (�c01 GLJ701/4"IC -to ror, - 4I@aat.c- e„, e 9 . 'to ew ,e-t t/za/zo i NOTE:All violations that are deemed conditions that may endanger or impair health,safety or well-being,must be corrected within denoted time frame. All other necessary violations,the landlord must begin to make the repairs or contract with a repair person On writing)within five days of receiving this order and complete repairs with 30 days of receiving this order. NOTE: Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105 CMR 410.000 in a work person like fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to perform work necessary to correct the violations, such as, but not limited to building, plumbing and wiring that the appropriate officials certifies that the work has been completed n accordance with applicable laws and regulations. /� o 2(2191) Cam. — bra__De C , X 9 .4 /0 Greak-4 L Fd tar._ a 105 CMR 410 Description X Compliance Re- State Sanitary Date Inspection Code Conditions may endanger or Days from Violation Corrected Regulation# impair health, safety or well-being inspection date Yes/No =_nt - and ical 500 Observed: mold like substance found on basement walls of storage areas (labeled 2x4 and chicken wire enclosures); similar condition observed on stored items(clothing, paper, leather, etc. )within storage area. Owner's responsibility to correct within 30 days ent 354A, C, D • Observed: separate Hot Water Heaters for floors 2 and 3—did not see Heater for floor 1 (phone call to owner will be made to answer this question) Owners responsibility to correct within 30 days NOTE: Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105 CMR 410.000 in a work person like fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to perform work necessary to correct the violations, such as, but not limited to building, plumbing and wiring that the appropriate officials certifies that the work has been completed n accordance with applicable laws and regulations. /� o 2(2191) Cam. — bra__De C , X 9 .4 /0 Greak-4 L Fd tar._ a CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS: Donna Salloom, Chair-Joanne Levin, MD-Suzanne Smith, MPH, MD William Hargraves-Cynthia Suopis, PhD STAFF:Merridith O'Leary RS,Director Daniel Wasiuk,Inspector—Edmund Smith, Inspector—Jennifer Brown.RN.Nurse tuber 9, 2013 Id J.Tomasauckas&Donna M.Bliznak aple Avenue, hampton,MA 01060 Property Owner/Manager: ;e consider this a letter of compliance for a violation notice sent to you by the Northampton Health rtment dated August 28,2013 for property located at 5 Highland Avenue,Northampton,MA. are the owner/manager of record and are therefore responsible for maintaining the property in accordance state and local law. This office will continue to monitor the property to ensure it continues to be cleaned, tamed and does not represent any public health and safety threat. You are mandated to do the same. ik you for your cooperation. !rely, and R.Smith II :h Inspector,City of Northampton 7 t-6 Cel-nsc ..ENt r il7Ez„JCyyr>� 76 t32..>.r Ere- c3/ � Note: This is an important legal document that might affect your rights. Este es un documento legal importante que podria afectar sus derechos.. 212 Main Street,Northampton,MA 01060 Ph(413)587-1214 Fax(413)587-1221 itt ` «� . / 4le A S s 1' • ''a*So. 4.440. 11 , SIN i 4 , 11r.itt '')Iti9 4 t iv l' :,1•4:*4- # tAr.‘,441t, AAATif in?' ** :i V - 111 y ;c4... t' 1 •••• \ 01.11 ) 0 .), LI 4 , August 29, 2013 M r. Edmund Smith Heath I n: Ctor Northanpton Heath Depatmeit 212 Man Street Northampton, MA 01060 Re Correction Order dated August 28,2013, 5 Highland Avenue, Northampton, MA Dear Mr. Smith: Ream allow thi s letter to save as formal notification that a good faith effort has been completed, (within 24 hours)of receipt of your Correction Order as noted above, for the alleged viol ai on(s).A dehumidifier unit has been i nstaled and is opaati ono. Following our telephone conversation yesterday and prior to receipt of the forma Correction Order alleging vi of aion(s)of the Housing Code I was more than a bit surprised. I understood during our call that wewee having a conversation and I was not being"dted". That upon receipt of the Correction Order,which appealed very forma tome, it al legal"violations". As such,while I consider our right to request a hearing before the Board of Health to potantia ly chalage the a leged violai ons I would like to request my data that you may have obtaned in determining your issuance of a Correction Order. I would like to obtain the date,time and duraigp of your visit to the property the exterior and interior tanpaaure and humidity readings if my were obtained by you,the nanes of my occupants that you may have met with that provided any information and whether or not it may have substantiated the basis for your Correction Order. Did you take my pictures which would further ststantiae the al leged violation? Did you perform any sampling for mold or mildew, and if so, I would like to request a copy of those results As to the observation of a"mold Iike substance...observed on stores items...",do you have information or an affi davit from occupant(s)stating the date and time that the observed items arrived at the property and their stated condition, (mold and mildew free?)at that time? Please understand that we work quite diligently to comply with the Housing Code and as I'm confident from our call that you found the premise's conditionswd I above average to other comparable properties tha you've visited in the city,we have no interest whatsoever in having the blemish of a Correction Order on record. I f you have none of the requested data above and the conditions di d not endanger or impair the heath, safety or well-being of the occupants,then was a Correction Order warranted? Or, if the conditions observed were so minor that little other than anecdotal data was required to issue the Correction order,then, should the Correction Order be withdrawn? I would request that my substantiaing information be provided to me timely given the short 7 day period for a potentia hearing request before the Board of Heath. If you would like to discuss this further, I may be reached via my home phone at(413) 586-9503 ail also vi a my cell phone at (413)237-4056. I mw also be contacted via my email address at RonToml@aol.com That you for your consideration. Sincerely, Ronald J. Tomasaickas, SPHR 11 Ma3le Avenue Northampton, MA 01060 hampton Mail-Orders to Correct#5 Highland Avenue https://mail.google.com/mail/u/0/?ui=2&ik 9954d8032f&view=pt&s... Dear Mr.Tomasauckas- Thank you for your quick response to the Orders to Correct which you received by email last Wednesday,atter our phone call. I will endeavor to answer your questions. -1 inspected 5 Highland Ave.from 11:45 to approximately 12:15 on August 28,2013,at the request of occupant Laura Soforenko- No other occupants were spoken to. -Temperature and Humidity readings were not taken. -No sampling of any substance was conducted;Health Inspectors use the observation of"mold-like substances"as an indicator of a chronic dampness condition. -Pictures taken and held and office notes are attached to this email. The relevant code section used in these orders is this 410.500:Owner's Responsibility to Maintain Structural Elements Every owner shall maintain the foundation,floors,wal ls,doors,windows,ceilings,roof,staircases,porches,chimneys,and other structural elements of his dwelling so that the dwelling excludes wind,rain and snow,and is rodent-proof,watertight and free from chronic dampness,weathertight,in good repair and in every way fit for the use intended.Further,he shall maintain every structural element free from holes,cracks,loosc plaster,or other defect where such holes,cracks,loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. The constructed,labelled areas in the basement presented as storage areas,and the presence of mold-like substances on the walls and items stored indicated a condition of chronic dampness not compatible with storage. In our phone conversation I agreed that a dehumidifier might well improve this condition. Orders to Correct are one of the few ways that I have to communicate my findings during an inspection. If I had found nothing 1 would write you a Letter of Compliance stating that at the time of my inspection,no Health Code violations were noted. Rather than having a blemish,your file already shows that you endeavored to deal with Orders immediately and thoughtfully I will send you such a Letter after a successful reinspection. The 7 day request-for-hearing period counts business days;you received the orders by email last Wednesday afternoon,and with the holiday Monday this afternoon makes the 4th day. I will review your questions about withdrawal of the Orders with my director,Menidith O'Leary,who is copied on this message. sincerely, Edmund Smith [Quoted tea hidden] 2 attachments CC109042013.pdf 2995K CC109042013_0001.pdf 1437K 9/4/2013 12:06 PM hampton Mail-Orders to Correct#5 Highland Avenue https://mail.google.com/mail/u/0/7ui=2&ik=9954d8032f&vieu=pt&s... Irders to Correct#5 Highland Avenue messages I Smith<esmhh @northamptonma.gov> c rontoml @aol.com ;:Merridith O'Leary<moleary@northamptonma.gov> Ed Smith<esmith @northamptonma.gov> Wed,Aug 28,2013 at 3:50 PM Dear Ron- Thank you for taking my call;attached are the Orders that I referred to. Please call or email me with any questions.The full text of the Housing Code is available at: http://www.masagov/eohns/docsideheegs/105cmr410.pdf sincerely Ed Smith Edmund Smith Health Inspector Northampton Health Department 212 Main Street,Northampton MA 01060 (413)587-1339 Regular Schedule.Monday 8 Wednesday,8-4:30;Thursday 8-12 noon. Lai OTC 5 Highland Ave 8282013.docx 27K ■ntoml @aol.com<rontoml @aol.com> esmith@northamptonma.gov c:moleary@northamptonma.gov Dear Mr.Smith. Please see the attached response to the subject Correction Order. Thank you. Ron Tomasauckas (Quoted text times) (Quoted teamddenl Thu,Aug 29,2013 at 5:35 PM (City of Northampton E-mail is a public record except when it falls under one of the specific statutory exemptions.) � HighlandCorrectionOrder082813.doc 29K d Smith<esmith @northamptonma gov> Wed,Sep 4,2013 at 11'.55 AM Merridith O'Leary<moleary@northamptonma.gov> b photo 2.JPG Ili photo 3.JPG photo 4.JPG IS photo 5.JPG 9/4/2013 12:06 PM x,t«S .� N MANE ASE rtoz„rt--�e,w �Ha aPoea �. >a�r 3 "� Inspection Form 4, vt ra 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: ?. 2: • 2°F) Time: tl --l(%j t$Occupants: #Children <6 Years n1 • Address: S Fitbta/400 /1-JE, Unit/I — City/Town: Northampton Occupant Name:L./we* SOfOdZEP1tz Phone# 503 -3Y 7-Sits Owner Name: Phone# Owner Address: City/Town: Zip Code: #Dwelling!Rooming Units in Dwelling: ('l #Stories: 1. Floor Level of Unit: / e-ree-a•tJre ay TcaJe._CrL�e_-to c5t. It Sleeping Rooms: It Habitable Rooms: Inspector: ,,3p4-,-rt4. Title: E/E .rxt /A3R.gr.lye, f4r4r./6 : /S nedlibkt, a++h,, /J"X%u•iwplori HA ('/1)C¢2) or tnt Type of Violation Use blank boxes for ones not listed Possible Code Section(s) 'if Violation Observed Responsible Party Owner Occupa nt or, & h 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 on I & y Light, windows 253,254,501 Egress 450.451,452 Handrails 503 Door 501 Halls irs Floors, walls ceilings 500 Hallways, railings, stairs 503 Light, windows 253,254,501 IM 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 tm 2 Location(circle): Front Rear Middle Left Middle Right Floor Level of Unit Ventilation 280 Ceiling height 401,402 Windows, screen 501, 551 tom Toilet, sink, shower, tub, door 150 Smooth, impervious surfaces 150 Lights, outlets, ventilations 251,280 x nt Type of Violation Use blank boxes for ones not listed Possible Code Section(s) /if Violation Observed Responsible Party II Owner Occupa nt Floors/walls 504 m ,n 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 Dora Ling n Lights, outlets, ventilation 250,280 Ceiling height 401,402 Windows/screens 501,551 Ceiling condition Sink ent Maintenance 500 Watertight 500 Li•htin• 253 IrtMtiC 9 s-tA AS - • 7 G j S- ' 0-y_ • " , Jr- it Source circle : Fyublic P - ate Must be potable 180 (4I U•t • Quantity, pressure 180 s ' Responsible for paying MGL ch 186 s 22, metering 354 @sticYletv"^1 +Y to ater Fuel Type(circle): Natural Gas Oil Electric Other Temp.: 56 °f Locat taken: Kitchen on e Quantity, pressure, 110 F min, 130 max 190 c re 4E1) Ventin• 202 ww.l -it - Qi-1M2rJ.lz d - . ng Type(circle): Forced Hot Water Forced Hot Air Steam Electric No portable units 200 "Habitable room and every room with toilet, shower, tub" 201 • 68F7 am toll 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 ical Type(circle): 110 220 Amp: Amperage, temporary wiring, metering 250.255.256, 354 ige, ling Type(circle): Public Private Sanitary drainage required and maintained 300, 351 & CO tors Required & operational 482 Emergency lights 3 Free of pests (rodents, skunks, cockroaches, insects) 550 or nt Type of Violation Use blank boxes for ones not listed Possible Code Section(s) /if Violation Observed Responsible Party Owner Occupa nt Structural maintenance and elimination of harborage 550 S Or int ent 353,502 620 810 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: g 2 --42 Occupant or Occupant's Representative Signature: Reinspection Date: Time: Notes: