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8 Complaints 2005 BOARD OF HEALTH MEMBERS ROSEMARIE KARPARIS,R.N.,MPH XANTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health chard Meczywor,R.S.,Sanitary Inspector 'atricia 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" AND MGL, CHAPTER 111, SECTIONS 122- 127 OF THE MASSACHUSETTS GENERAL LAWS AT: October 30,2005 August Woicekoski 57 Bridge Street Northampton, MA 01060 RE: 15 Bridge& 8 Hawley St. Room # 10 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. Isto 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 l€gal. 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 diri tti. Lei puo ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: To jest wazne legality dokument. To moze Sec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: ?AGE 2 )ear Mr. Woicekoski; A representative from the Northampton Board of Health conducted an inspection of your building on October 25,2005, at the premises located at 8 Hawley St. & 15 Bridge Street, Northampton, MAr owned or operated by you, for compliance with CHAPTER II OF THE STATE SANITARY CODE AND MGL CHAPTER 111, SECTIONS 122-127, ABATEMENT OF NUISANCES. 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. ARTICLE II 410.000 VIOLATIONS FRONT ENTRANCE, HALLWAY AND STAIRWAY: 481 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 20SSOUAAE INCHES IN SIZE,BEARING HIS NAME.ADDRESS TELEPHOItIFUNSOIR. .500 Several missing and broken floor tiles. ORDER: Replace missing and broken floor tiles. Ist FLOOR HALLWAY: .500 Several missing and broken floor tiles. ORDER: Replace missing and broken floor tiles. .500 Window is boarded up. ORDER: Replace window panes and screens. 2nd FLOOR HALLWAY: .500 Several missing and broken floor tiles. ORDER: Replace missing and broken floor tiles. .500 Several holes/cracks in hallway wall.Peeling paint on wall. ORDER: Repair/seal holes and cracks in hallway wall. Scrap peeling paint on wall and re- paint. 'AGE 3 LPARTMENT # 10: 551 Right window has missing screen. Tenant claims that the window does not open easily. ORDER: Replace missing screen. Adjust window to open easily. 500 Ceiling above shower has cracked broken and peeling plaster. ORDER: Replace/replace cracked broken and peeling plaster. '.750 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. Jnder authority of ARTICLE II, 105 CMR 410.000,MINIMUM STANDARDS FOR HUMAN 3ABITATION AND M.G.L.,CHAPTER 111, SECTIONS 122 TO 125, ABATEMENT OF VUISAN�you are hereby ordered to make a good faith effort to correct the following violations BY NOVEMBER 25,2005ORASI ICATED THE ORDER.ANDNOTIFY PHIS OFFICE AT 5$7 1214 WHEN ALL VIOLATIOS 4,a)'t' CTED. EMPORTANT NOTE TO OWNER: PLEASE NOTIFY MFRS OFFICE AT 587-1214WHEN ALL OF THE VIOLATIONS ARE :ORRECTED TO ARRANGE TOR A RE-INSPECTION. *ALL OF THE VIOLATIONS kRE NOT FOUND TO BE CORRECTED AT THE TIME OF THE RE-INSPECTION AND ANOTHER RE-INSPECTION I$REQIRED,.TH'ERE WILL BE A$75.00 RE-INSPECTION FEE FOR EACH RE-INSPECTION REQIRED. 'Should you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A -equest must be received in writing to the office of the Board of Health within seven (7) days of receipt of this nrder. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. You have the right to be represented by an attorney. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports, nrders, notices and other documentary information relative to this property. If these premises are occupied as rental nousing, the occupants are entitled to their statutory rights and remedies. Please feel free to contact the Board of Health office, at 587-1214, if you have any questions concerning this matter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified under the pains and penalties of perjury. Sincerely, Ernest J. Mathieu, R.S., M.S., C.H.O. Director of Public Health cc: William Brovelli 8 Hawley St., Room # 10 Northampton,MA 01060 (ATTACHMENT) AGE4 HE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL EMEDIES. . Rent Withholding(General Laws Chapter 239 Section 8A) f Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do tis 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.) . 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 our local code enforcement agency ertifies that there are code violations which endanger or materially impair your health, safety or well-being and your sndlord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin ecessary repairs (or to enter into a written contract to have them made) within five days after notice or to complete repairs vithin 14 days after notice you can use up to four months' rent in any year to make the repairs. Retaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section 18 and Chapter :39, Section 2A). The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement gency about code violations. If the owner raises your rent or tries to evict within six months after you have made the omplaint he or she will have to show good reason for the increase or eviction, which is unrelated to your complaint. You nay be able to sue the landlord for damages if he or she tries this. I. Rent Receivership (General Laws Chapter 111, Sections 127C-H). fhe occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather han to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to ;orrect the violation. The receiver is not subject to a spending limitation of four months' rent. i. 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 not meet minimum standards of habitability. 5. 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 which you may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION. WESTERN MASSACHUSETTS LEGAL SERVICES 584-4034 0 20 HAMPTON AVENUE,SUITE 100,NORTHAMPTON,MA 01060 BOARD OF HEALTH OFFICE OF THE MEMBERS ROSEMARIE KARPARIS,R.N.,MPH XANTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health 'chard Meczywor,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk November 17, 2005 August Woicekoski 57 Bridge Street Northampton, MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 RE: 15 Bridge& 8 Hawley St. Room # 10 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(419)587-1221 Dear Mr. Woicekoski: As per your verbal request on this date the Board of Health here grants you an extension to correct the remaining violations at the above property which still exist from the letter dated October 30, 2005, sent to you by this office. You are hereby granted an extension to December 17,2005 to complete the repairs. Please call this office at 587-1213 to inform me who the contractor will be for the project and when the repairs are completed. Do not hesitate to contact this office if you have any questions concerning this matter. Thank you for your continued cooperation. Sincerely, Ernest J. Mathieu, R.S.,M.S., C.H.O. Director of Public Health cc: William Brovelli 8 Hawley St.,Room# 10 Northampton, MA 01060 BOARD OF HEALTH CITY HALL COMPLAINT RECORD Onto• e2 Name .f Co ipinlnnnt: Address: Time: . :'3S ,g44-0--V Map: L-r Parcel: Tel:_ NATURE or COMPLAINT: en-x-1/4_ 7 12.frc, /94 X - Locatlbn: ;,Owner: Address: IlTnken Tel: by: bate of Inspection:. Time: i INSPECTOR'S.REPORT: kel ti to katti El Action Taken: Inspector Signature BOARD OF HEALER CITY HALL COMPLAINT RECORD Date: 1/ �/y J Time: / � map: Parcel: Name off Complaln�� F/ Address: f n *r Tel:sIfmg /� 411061:14. NATURE OF COMPLAINT: y'✓, ano if Ak 44 Location: 4 h4&4-4_- 10wner: ;Address: Tel: TTaken by: I Data of Inepeotlon: 076- or Time: pp�� � " INSPECTORS REPORT: J liNiiHWgrndkn °14anp. nrce Action Taken: O Inspector Signature 1 '`c wrian Cr4iY) JQ/G — C ..alr °g177,se/t, — CK : 11 )FY2 v--7150 o � ry -- Err)r S `wmg��� a GnZ • i ate, / — 2747 -r 141-7V-tni oreftilti - BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date: 11-13-o5 ITlme: 11: 15 A,m, I Map: I Parcel: Name of Complainant: ,C04 E-?Z y Ny6, Address: II Gnr1it, 5Lt /kff 4441 Tel: NATURE OF 11 o iten±. 110 Ms. -r.x Qatkmaumt, ilwcL rOMPLAINT: Location: SF) rf I dT�/ ;Owner: /92a2.0 Address:yq„. , p,h /,1 Guar 110-3115- Tel: Taken by: I Date of Inspection: [Time: �J�1� INSPECTOR'S REPORT' 12 j4z free- z (gee l J IlRI1Itd,F,h,vI ti, exletae.l 8 Ltion Taken: Inspector Signature Page l oft Ernie Mathieu From: Ernie Mathieu Sent: Friday, December 02, 2005 12:47 PM To: Robert Tomaskowicz Subject: 8 Hawley Street Hello Bob, I received a complaint from a tenant at 8 Hawley Street that there are no fire extinguishers in the rooming house and there is a question as to whiter the exits lights are working. Could you please look into this when you get a chance? Thanks, Ernie 587-1213 12/2/2005 ragc I V ow: niedbalas @aol.com nt: Friday, December 09, 2005 7:41 AM >: Ernie Mathieu tbject: Re: 8 Hawley Street/11 Bridge Street =ar Mr. Mathieu, n Tuesday, December 6, 2005, I started correcting issues that were brought to our aion by Dur office. I replaced the window in room 10(William Brovelli) and set up an appointment wi b tely im for Monday or Tuesday of next week to fix the bathroom ceiling. I also notified Augie Dncerning the temperature issue. We turned the heat up and I randomly checked approx rerervvery swarm. Hopefullylth s will take care of the complaint younrecel ed, however Ih rooms Jur will ontinue to monitor. hank-you for your support and patience as we continue to repair and replace the areas that you isted in your letter. sincerely, Mike Spanknebel %�!Q ----- Message From: Ernie Mathieu <emathieu @northamptonma.gov> To: niedbalas @aol.com Sent: Thu, 8 Dec 2005 13:54:31 -0500 Subject: FW: 8 Hawley Street /11 Bridge Street Thanks for the update on your progress in correcting the violations at 8 Hawley Hello Mike, St. Ernie 587-1213 Cell 563-6680 From: Ernie Mathieu Sent Monday, December 05, 2005 2:04 PM To: 'niedbalas @aol.coni Subject 8 Hawley Street/11 Bridge Street Dec. 5,2005, Dear Augie and Mike, At the request of tenant's Robert Nye and Sidney Gilbert,who both filed complaints about your rooming house, I inspected the property at 8 Hawley Street/11 Bridge Street. The following violations of the State Sanitary Code, Chapter 2,were noted. Temperatures Taken Rm.# 14 -71 degrees Rm.# 12 -71 degrees Rm.# 7 -68.5 degrees Rm.# 4-67.9 degrees NOTE:THE MINIMUM TEMPERATURE IS 68 DEGREES. ADJUST HEATING UNIT TO PROVIDE,AT MINIMUM, 68 DEGREES IN ALL ROOMS file:/IC:ADocuments and Settings\emathieu\My Documents\Word FilesACODE VIOLATI_. 12/27/2005 =first Floor_Bathroom_(North Side) -No violations observed First Floor Bathroom isouth Side) -Door casing missing Second Floor Bathroom(NorthSide) -Shower drain cover is not properly attached to the drain Second.Floor Bathroom (North Side) -Ceiling fan has dust accumulation -No inside door lock Please correct the condition listed above that were noted in the bathrooms suggest posting several more"NO SMOKING" signs. I would suggest one at the by December 20,2005 or soon if bottom in I each std also Bugg p bottom in each stairway and one at the ends of each hall on both floors. lease do and estate to cal cooperation at 58 -1113 correct such matters questions o these.rarding this matter. Thank you for your 'sincerely, Ernest J. Mathieu -ealth Director file://C:ADocuments and Settings\emathieu\My Documents\Word Files VCODE VIOLATI... 12/27/2005 tie Mathieu )m:.... Ernie Mathieu nt: Monday, December 05,2005 2:04 PM 'niedbalas @aol.com' .abject: 8 Hawley Street/11 Bridge Street 5, 2005, it Augie and Mike, he request of tenant's Robert Nye and Sidney Gilbert,who both filed complaints about your rooming house, petted the property at 8 Hawley Street/11 Bridge Street. The following violations of the State Sanitary Code, apter 2,were noted. Temperatures Taken Rm.# 14—71 degrees Rm.# 12—71 degrees Rm.# 7 —68.5 degrees Rm.# 4—67.9 degrees NOTE: THE MINIMUM TEMPERATURE IS 68 DEGREES. ADJUST HEATING UNIT TO PROVIDE,AT MINIMUM, 68 DEGREES IN ALL ROOMS First Floor Bathroom(North Side) -No violations observed First Floor Bathroom (South Side) -Door casing missing Second Floor Bathroom iNorth.Side) -Shower drain cover is not properly attached to the drain Second Floor Bathroom(North.Side) -Ceiling fan has dust accumulation -No inside door lock Please correct the condition listed above that were noted in the bathrooms by December 20,2005 or sooner if possible. I would also suggest posting several more"NO SMOKING"signs. I would suggest one at the bottom m in in each stairway and one at the ends of each hall on both floors. Ple se do and esitate to nu ll a at 587-13,7-too to correct such any questio these.rgarding this matter. Thank you for your Sincerely, Ernest J. Mathieu Health Director 12/7/2005 lie Mathieu m; NIEDBALAS @aol.com nt: Monday, December 05, 2005 5:21 PM Ernie Mathieu hadleyfire@charter.net ibject: Re: a Hawley Street/11 Bridge Street Mathieu, eived your email and will take care of all problems MAP inks e Spanknebel 12/7/2005 Mathieu Ernie Mathieu Thursday, December 15, 2005 10:57 AM 'niedbalas @aol.com' ect: RE: 8 Hawley Street 111 Bridge Street nber 15,2005 Mike, Repair replace the floor tiles in thets stairwaYs floor is prevent the tiles from adhering has been grantd. ;e be informed that your request for an extensro_n_to Rep 15 2005, e 1, ly.Your due e the extreme cold conditions others cv all of the erly.ntact new around January a correct 005 to schedule violations rre-inspectionuary se contact me around Janu?rY nk you and Happy holidays, ie im: niedbalas @aol.com [mailtomiedbalas @aol.com] nt: Wednesday, December 14, 2005 12:59 PM : Ernie Mathieu hadleyfire@chartennternet.com ibject: Re: 8 Hawley Street 111 Bridge Street 1r. Mathieu, would like to request an extension on the items that as I w be unable to fix until we have warmer temps. I will have hallway tiles replaced splaced9 eeded d scheduled it as I will ill fixing y[airway e end of tiles in entrance more way signs posted. y the end or thew the and however r he for g our continued ed clear for and patience hi t these ,vould d try to r et back on wed thee14 he Thank you for y of have area support for and I told him n a vou try get If possible could you confirm that you received this message? Thank you Mike Spanknebel --Original Message--- tonma.9ov> From: Ernie Mathieu <emathieu @northamp To: niedbalas @aol.com Sent Mon, 5 Dec 2005 14:03:55 -0500 Subject: 8 Hawley Street /11 Bridge Street Dec. 5,2005, Dear Augie and Mike, who both filed complaints about your rooming house, 1 At the request of tenant's Robed Nye and Sidney Gilbert, 12/15/2005 d the property at 8 Hawley Street/11 Bridge Street. The following violations of the State Sanitary Code, 2,were noted. iperatures Taken .# 14 -71 degrees # 12 -71 degrees t.# 7 -68.5 degrees g 4-67.9 degrees ES )TE:THE MINIMUM TEMPERATURE IS 68 DEGREES. HEATING UNIT TO PROVIDE, AT MINIMUM, 66 DEGREES IN ALL ROOMS rst Floor Bathroom(North.Side) 4o violations observed irst Floor Bathroom_(South Side) Door casing missing second Floor Bathroom (North Side) -Shower drain cover is not properly attached to the drain Second Floor Bathroom(North Side) -Ceiling a n f has dust accumulation 2005 or sooner -No inside door lock Please correct the condition listed above that were noted in the bathrooms December 20, posting several more NO SMOKING"signs. I would suggest one at the by if possible. I would also suggest p 9 Thank you fo bottom in each and one at the ends of each hall on both floors. questions regarding;sistance and your continued cooperation stairway this matter. Th y r your if you have any q to correct such matters as these. ease do not hesitate to call me at 587-12 incerely, Ernest J. Mathieu iealth Director 12115(2005 e Mathieu r: Ernie Mathieu t: Tuesday, December 27, 2005 4:58 PM 'niedbalas @aol.corn' eject 8 Hawley St. ke, 04 voice mail on Friday 12123105. He shouted --"This cast who said he the dda Gilbert a from the message on d of The bathrooms are filthy, Etc. Is going down the tubes and someone from the Board that he shows you werde the roof Peaks are located,If is that there is could heat in unit a approach him and sugg AAlso,, please a the you please app Also, please check the heat and take a temperature reading in room#7. w the iy past site bathrooms nspections and while there I pers nallyrspoke to her about her cleaning arrangementhwi h you. does a good job. ase report back to me on these allegations via email for my records. Please also fell free to call. anks again Mike, lie Mathieu 7-1213 S. Hope you and your family had a pleasant and nice Christmas! 12/27/2005 rnie Mathieu rom: Ernie Mathieu ent: Thursday, December 29,2005 10:07 AM 'o: 'niedbalas @aol.com' ;object: RE: 8 Hawley St. cember 29, 2005 anks for the update mike, iep me informed and please take a temperature reading in room#7 and relay it to me. Did you ask Mr. Gilbert out leaks and were they are? 3ve a Happy New Year!!! nie rom: niedbalas @aol.com [mailto:niedbalas @aol.com] at: Wednesday, December 28, 2005 4:42 PM 'o: Ernie Mathieu ;object: Re: 8 Hawley St. ii Mr. Mathieu, i just received your email today(wed.) I was at 8 Hawley yesterday(tuesday) to repair a plugged ed again. I contacted toilet on the first floor. Someone has been dumping their ashtrays in the toilets and plugging plugged. He is again. to handle a them. I r repaired it checked however ar I it heard again today that it was plugged a plumber and he also clean the toilet and it appears repaired the pipe is ploo9 the problem. I also cleaned the second floor and repaired a light in room 14 as well as a window see M .was Gil bert andf he d dtnot sally anythingnto me about it being to o bottle in his that room.I will did the outside or a rock or ll check the temp the next time that I am there. The traffic flow has been very bad upstairs and the tenants are not doing there part to take care of the place. Ihave contacted the police about certain tenants and Augie does have a court date with some tenants on the 9 of January. I will keep you informed on all that I do and I will try to find the leak in the roof as well Again, thank-you for your help and concern. Mike ---Original Message----- From: Ernie Mathieu <emathieu @northamptonma.gov> To: niedbalas @aol.com <'niedbalas @aol.com'> Sent: Tue, 27 Dec 2005 16:57:49 -0500 Subject: 8 Hawley St. Hi Mike, place iistgong down was the tubes and Gilbert l someone from the Board of Health needs to c ndemn tthis place". He went on suggest that m shows you acre the roof leaks are located, if to say that there is ld heat l unit a p The roof leaks,The bathrooms are s filthy, Etc. a y. is Also,, please could you please approach takeh him and Bugg any. Also, please check the heat and take a temperature reading in room#7. 12/29/2005 j rage L o < ow the bathrooms are cleaned be a tenant every morning because I have witnessed her cleaning them on two my past site inspections and while there I personally spoke to her about her cleaning arrangement with you. to does a good job. .ease report back to me on these allegations via email for my records. Please also fell free to call. hanks again Mike, rnie Mathieu 87-1213 1.5. Hope you and your family had a pleasant and nice Christmas! 12/29/2005