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13 Complaints 1996-2004 3OARD OF HEALTH MEMBERS DHN T.JOYCE,Chairman ANNE BURES,M.D. JTHIA DOIIRMASHRIN,R.N. R J.McERLAIN,Health Agent CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 (413)586-6950 Ext.213 DER TO NIM M STANDARDS OF FITNESS FOR HUMAN HABITATION AT: I CODE 13 Cherry Street, tad Floor, Northampton, MA 01060 DATE: January 25, 1996 ORDER ADDRESSED TO: Daniel Edwards 28 Washington Place Northampton, MA 01060 COPIES OF REPORT TO: Maggie Antill 13 Cherry Street, 2nd Floor Northampton, MA 01060 (This is an important legal document. It may effect your rights. You may obtain a translation of this form at: Ilsto 6 urn document° legal muito importante que podera afectar os seus direitos. Podem adquirir uma trad9ao deste documento de: Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: IQuesto 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: ITo jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisle: NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel #: (413) 586 -6950 x217 The Northampton Board of Health has inspected the premises at 13 Cherry Street, 2"" Fl., Northampton, MA (assessor's map 32A parcel 044 .), for compliance with Chapter II of the State Sanitary Code. This letter will certify that the inspections revealed violations listed below, which are serious enough 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 SEVEN DAYS of the receipt of this order. ;ULATION .351 VIOLATION 1.354 Owner provided stove shows the following defects: (a) Both front burners are not operational. (b) Oven door is ill-fitted and lacks handle. (c) Bottom broiler door panel ill- fitted and damaged. Owner arrangement for payment of heating between apartments is illegal. REMEDY Repair/replace stove in an approved manner. D480, D.500 & 0.501 (1) Bathroom ceiling peeling & blistering & mildewed...evidence of moisture seepage from above. (2) 2nd floor bedroom#1 (a) Front prime window not weathertight, ill-fitted &will not lock. (b) Side prime window not weathertight, ill-fitted &will not lock. (3) 2""floor__ bedroom#2 Interior wall blistering severely, deteriorated & in need of re•air. Tenant responsibility for payment is only allowed when gas or electricity is metered through a meter which serves only the one dwelling unit. When separate metering is not available, owner must pay for heat. See attached copy of regulation (1) Locate and correct source of moisture problem. Refinish ceiling in an approved manner. (2) (a & b) Repairlreplace prime windows in an approved manner which will render then properly fitted, weathertight&fully lockable. Repair deteriorated inside wall in an approved manner. 180, 00 & 01 inued) (4) Stairwell to 3rd floor . Overhead ceiling trim above lower door frame is deteriorated; plaster loose and falling downward. (5) 3rd floor front right bedroom (a) Side window dormer ceiling shows signs of moisture seepage through ceiling, etc. (b) Front prime window is not weathertight, ill-fitted & will not lock. (c) Bedroom ceiling panel bowing downward. (6) 3rd floor rear left bedroom (a) Back prime window not weathertight, ill-fitted & will not lock. (b) Side prime window is not weathertight, ill-fitted & will not lock. (7) 3 d floor rear right bedroom Staining from moisture seepage noted along lower right corner of wall under dormer ceiling. (4) Repair stairwell ceiling trim in an approved manner. (5) (a) Locate and repair source of moisture seepage through the dormer area. (b) Repair/replace prime window in an approved manner. (c) Repair bedroom ceiling in an approved manner. (6) (a & b) Repair/replace both prime windows in an approved manner. (7) Locate and correct source of moisture seepage along lower dormer ceiling/wall. Inspection was made on January 24, 1996 at approximately 9:30 a.m. If you have any questions regarding this abatement order contact the Board of Health office. Very truly rs, V David E. Kochan Sanitary Inspector Northampton Board of Health This inspection report is signed and certified under the pains and penalties of perjury. CERTIFIED MAIL# P 489 931 822/ ,a15.Jfz vs <`( . f4 „f,"G' c.- E issue e.�� e%tR-P.aI .LC dtt-e441/ ?Ai 14.47,7441.4 444-C d X-(- ';ttyy4 r I COMPLAINT RECORD Date/ Lo a i Cj/�e� a: '4 Map: Parcel: a ��� Tel Sdb / 7 . aY�r�r■t N rTURE OF ✓a MP i INT: 44."4,1 n p /n • p � I own % ' Owner. 11�J►�L��J1�+7r[��/es ' 11m Date of Inspection: /d NM Time: 'w IW INSPECTOR'S REPORT: /076761( e /Y/U or —gam owmi m,...ia[t.m/n� Action Taken: U ii _ 1„n-wn � n7j/! /la blur MIN/Mita 0 1 3OARD OF HEALTH MEMBERS MARIE KARPARIS,R.N.,MPH II SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF tJ.Mathieu,R.S.,M.S.,C.M.O. Director of Public Health leezywor,R.S.,Sanitary Inspector Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: I October 11,2004 Daniel Edwards 30 Bridge Street Hatfield, MA 01038 RE: 13 Cheery Street REASON FOR INSPECTION: Complaint by Tenant This is an important legal document. It may affect your rights. You may obtain a translation of this form at: hsto e urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: Le suivante est un important document legal. Il pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo e un documento legate 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: E2 presentative from the Northampton Board of Health conducted an Inspection on October 6, 2004, :premises located at 13 Cherry Street,Northampton,MA(assessor's map 31A, parcel 44 .), :d or operated by you, for compliance with Chapter II of the State Sanitary Code. This letter will y that the inspections revealed violations listed below,which are serious enough as to endanger or rially impair the health, safety, and well-being of the occupants. TICLE II 410.000 VIOLATIONS [ FLOOR 'RANCE, HALLWAY AND STAIRWAY: Owners name, address, and telephone number not posted in entrance hallway. ORDER: Owners name, address, and telephone number must be posted and maintained on dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents. It must be constructed on notice of durable material,not less than 20 square inches in size,bearing his'name address and telephone number. (CORRECT BY OCTOMBER 4,2004) D FLOOR 'ING ROOM: Floor board loose. ORDER: Secure floor board. [ING ROOM: 6 Floor board loose. ORDER: Secure floor board. Temporary wiring being used with numerous electrical extension cords. Possible fire hazard. Suggest that the Electrical Inspector evaluate this situation. TCHEN AND HALLWAY: 0 Insect infestation near exterior of windows. ORDER: Owner to arrange for extermination. Ip Missing covers on radiator.. ORDER: Provide proper covers. l0 Gas stove burners do not ignite immediately after turning knob. There is a dely and gas leaking, thus creating a hazard ORDER: Repair or provide new stove. 3 [ROOM: No electrical outlet. ORDER: Install outlet. FLOOR VER BEDROOM(RIGHT-REAR): Ceiling has water stain and evidence of leak above bed. ORDER: Find and repair leak. NER BEDROOM (RIGHT-FRONT): E: Baseboard heating pipes are not covered and get very warm Suggest that they be covered with foam to nt burs. States that one or more of the violations listed above is or may be a Condition which may materially impair the health or safety and well-being of the occupant as determined by 105 CMR 410.750 of Article II of the State Sanitary Code. er authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II e State Sanitary Code,you are hereby ordered to make a good faith effort to correct the wing violations BY OCTOBER 22,2004, UNLESS OTHERWISE INDICATED NEXT TO ; CORRECTION ORDER rld you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A est must be received in writing to the office of the Board of Health within seven (7) days of receipt of this r. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary ence as to why this order should be modified or withdrawn. You have the right to be represented by an -ney. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports, :rs, notices and other documentary information relative to this property. Lese premises are occupied as rental housing, the occupants are entitled to their statutory rights and remedies.document tquired in IE FOLLOWING IS)A BRIEF SUMMARY OF SOME OF THE TENANTS LEGALtREMEDIES entitled, ase feel free to contact the Board of Health office, at 587-1215, if you have any questions concerning this der. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified ler the pains and penalties of perjury. icerely, Jest J. Mathieu,R.S., M.S., C.H.O. rector of Public Health Adrienne Deminico 13 Cherry Street Tln.rl.�..,..,..., TAA n1(An (ATTACHMENT) 4 'OLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL ?DIES. of Withholdin (General Laws Chapter 239 Section 8A) le Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do ithout being evicted if: A) You can prove naterially impair your dhetalth or safety and that your laanndlordeknew about the violations before you were behind ingyour rent. or 3) 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.) epair and Deduct(General Laws Chapter 111 section 127L) aw sometimes allows you to use your rent money to make the repairs yourself. If our local code enforcement agency ies that there are code violations which endanger or materially impair your health, safety or well-being and your 3rd has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin ,sary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs n 14 days after notice you can use up to four months' rent in any year to make the repairs. etaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section 18 and Chapter section 2A). owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement cy about code violations. If the owner raises your rent or tries to evict within six months after you have made the plaint he or she will have to show good reason for the increase or eviction, which is unrelated to your complaint. You be able to sue the landlord for damages if he or she tries this. tent Receivershi (General Laws Chapter 111, Sections 127C-H). occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather to the owner. The court may then appoint a `receiver" who may spend as much of the rent money as is needed to ect the violation. The receiver is not subject to a spending limitation of four months' rent. Breach of W arran of Habitabili a may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet timum standards of habitability. Unfair and Deceptive Practices (General Laws chapter 93A). nting an apartment with code violations is a violation of the consumer protection act and regulations for which u may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE kW. IT IS ADVISABLE THAT ITHHOLD YOUR RENT OR TAKE YOU NY OTHER LEGAL ACTION. BEFORE YOU DECIDE TO IONE Ernie Mathieu From: Ernie Mathieu Sent: Thursday October 07,2004 2:06 PM To: 'dkespl @aol.com' Subject: Housing Code info Attachments: Code Housing Standards.doc; -groucho.htm li Dan, iere is the Info on Housing Regs. Also check this web site. foasi g Information-rhttp.lworld.std.coml-lawyer/ Ernie 10/7/2004 :rom: DKESPL @aol.com ;eat: Thursday, October 21,2004 10:26 AM fo: Ernie Mathieu iubject: Re: Housing Code info Ernie, I am Dan Edwards owner of 13 Cherry St. We spoke 2 weeks ago. Here is a summary of the work accomplished according to our conversation: 1)2nd Fl Living Room -Loose floor boards have been replaced by Bob Gould Carpentry 2)Stair Treads 1st floor to the 2nd floor have been replaced by Bob Gould Carpentry. 3)Leak in 3rd Floor corner bedroom - Cause of roof leak was the roof seam and was repaired by Bob Gould Carpentry. 4)Cover to heating element in Kitchen is on order and Bob Gould Carpentry will replace during the week of 10 25.04. 5) Front Bedroom 3rd Floor(Adryons bedroom)heating pipes have been covered by me with the black pipe covers that you recommended. 6)Gas Stove Burners have been cleaned and checked by Dave Biron. 7)Outlet in bathroom is scheduled to be installed Thursday or Friday during the week of 10.25.04 by Craig Neal Electrical. Other"unofficial" advice that you gave to me will also be completed during the week of 10.25.04 by either Bob Gould or Craig Neal. Thanks for your help and I will keep you posted as to our progress rate. If I have forgotten anything please let me know and it will be corrected. Regards, Dan Edwards 30 Bridge St Hatfield, Ma 01038 413-374-7102 Cell file://C:\Documents and Settings\emathieu\My Documents\Word Files\CODE VIOLATI... 10/29/2004 10/19/04 3:09:30 PM RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 32A-044-001 13 CHERRY ST PLOT: LIVING UNITS: 2 CLASS: R - 104 CARD $: 1 OF 1 CURRENT OWNER/ADDRESS ZONING: URC NEIGHBORHOOD 10: 16.00 FINAL VALUE FLAG: MARKET EDWARDS DANIEL LAND DATA - ASSESSMENT INFORMATION - TYPE SIZE INFLUENCE FACTORS LAND V5 U60 PRIOR COST CURRENT 30 BRIDGE ST PRIME SITE 5570 01038 LAND 41,900 95,700 95 700 HATFIELD MA BLDG 120,400 132,200 154,600 TOTAL 162,300 227,900 249,700 SALES INFORMATION DEED BOOK: 6496 DEED PAGE: 330 TOTAL ACREAGE: 0.128 TOTAL LAND VALUE: 95,700 DATE TYPE PRICE VALIDITY DEED DATE: 20020110 LAST UPDATE/CST: 20030107 0 LAST UPDATE/COST: 20030107 ADDITION DATA X DATE: Lower Level First Floor Second Floor Third Floor Area DATA COLLECTION INFORMATION 1sFr 1sFr 54518 ENTRANCE CODE: Bsmnt 1sFr 1sFr DE: UNOCCUPIED Bsmnt 1sFr 144 INFORMATION SOURCE: Bsmnt EFP 108 DATE: DATA COLLECTOR: 19991211 OFP DWELLING INFORMATION STYLE: CONVENTIONAL YEAR BUILT: 1880 STORY HEIGHT: 2.50 ATTIC: FULL Basement: TOTAL ROOMS: 12 TOTAL BEDROOMS: 8 FULL BATHS: 2 ADDITIONAL DWELLING INFORMATION Half Baths: ADDITIONAL FIXTURES: BASEMENT GARAGE(#CARS) BRICK TRIM: X EXTERIOR WALLS: ASBESTOS STONE TRIM: X UNFINISHED AREA: GROUND FLOOR AREA: 828 REMODELING DATA TOTAL LIVING AREA: 3619 FINISHED BASEMENT LIVING AREA: X YEAR REMODELED: BASEMENT RECREATION AREA: X MASONARY FIREPLACE STACKS/OPENINGS: / KITCHEN REMOD(V/N) METAL FIREPLACES: HEAT/CENTRAL A/C: HOTIC BATH REMODEL (Y/N) HEATING SYSTEM:STEM: HOT WATER UEL TYPE: GA QUALITY F POOR PHYSICAL COD/DSRABILITY/UTILITY R INTERIOR/EXTERIOR SAME OUTBUILDINGS 8 YARD ITEMS PERMIT DATA TYPE CON YR SIZE1 5IZE2 GRD CORD DATE PURPOSE PRICE NOTES: tae„ I • Ernie Mathieu From: Ernie Mathieu Sent: Wednesday, November 10, 2004 9:44 AM To: 'DKESPL©aol.com' Subject: RE: Dan Edwards 13 Cherry Street Dan, I will call the tenant today to set up an appointment for re-inspection and send you a Certificate of compliance as soon as possible. Ernie From: DKESPL @aol.com [mailto:DKESPL @aol.com] Sent:Tuesday, November 09, 2004 9:01 PM To: Ernie Mathieu Subject: Dan Edwards 13 Cherry Street Ernie, This is regarding 13 Cherry St Everything has been completed in accordance to your letter sent to me. Please let me know when you will do the inspection and give a letter of compliance. Thanks, Dan 11/10/2004 Ernie Mathieu From: DKESPL @aol.com Sent: Monday, November 29, 2004 4141 PM To: Ernie Mathieu Subject: Re: Dan Edwards 13 Cherry Street agc I U. I Ernie, I have posted my name, address and telephone#in the front hall of 11-13 Cherry Street. Also, I have replaced all the various extension cords with one heavy duty extension with all the plugs put into a power strip. I look forward to receiving the letter of compliance. Thanks, Dan Edwards 30 Bridge Street Hatfield, Ma 01038 11/29/2004 BOARD OF HEALTH MEMBERS ROSEMARIE KARPARIS,R.N.,MPH XANTHI SCRIMGEOUR,MHEd,CHES JAY FNMA. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Richard Meczywer,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk November 29 , 2004 Daniel Edwards 30 Bridge Street Hatfield, MA 01038 OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MPTON MASSACHUSETTS 01060 NOTICE OF COMPLIANCE RE: —Compliance with Orders Dear Mr. Edwards, On October 11,2004 an initial Housing Inspection was made at 292 South Street, 1st Floor. Violations were observed and an enforcement letter with correction orders was mailed to you. On November 15,2004 a re-inspection was made. Non-compliance was found, noted, and the violations that were still existing were brought to your attention and you agreed to correct them in one week. A final re-inspection was conducted on November 29,2004. All violations noted in the October 11, 2004 enforcement letter were found to be corrected. Therefore,please note that you have complied October 11, 2004 inspection report. with the orders issued in the This letter was signed under the pains and penalties ofperjury. If you have any questions regarding this matter, please contact me at my office. Sincerely, Ernest J. Mathieu,R.S., M.S. C.H.O. Director of Public Health 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221