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29 Complaints 1979-2007 BOARD OF HEALTH CITY HALL COMPLAINT RECORD Name of eefya S El Complainant incC �% Data a/2 3 Time i0 36) ,Ar,, / 7e -2/8 Address (9 /v. -%1%rf_ Tel' /-36/ Nature of Complaint Location of Premises PLLJ /14.- L2 Owner latC ACLIP aG:1z /- Bit %6wH L C,`(:alt 92 Address 53 / / r14 Occupant Taken by ` l'}^ _ Referred to_ ` Date of inspection 711 3 Ti1me_ ac' INSPECTORS REPORT /(CC�L&= — ////�� C�;�i,�,i/�-� Action Taken 43/1-r, /'F.. C]u.✓.r on M.D. )'CoNNELL, RN -E"Lnm, Hraldi Agcnt FY OF Nu}-;T13.yMP ION MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 210 AMAIN STREET 01060 TEL. 0]3)5S 49071 COPSE-33T FEOLATIONS OF ARTICLE II OF THE STATE SANITARY CODE " 1{11NI:SUM ST.LND43DS SS FOR HUMAN HABITATION" AT )DRESSED T0: Dennis J. Walsh, Jr. 339 Bride Road Florence, Mass. 01060 29 N. Maple Street JP' TS?ECTION REFO(TS ISSUED TO: DATE Februa. 23, )979 __ Irene Smith 29 N, Maple Street Florence. Mass 01060 This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto ; urn documento legal muito importance 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: Ouesto a un documento leoale importance. Potrebbe avere effetto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afacte sus derechos. Ud. Puede adquirir una traduction de esta forma en: t AUTO EL▪VOL • EVa OT)pCVTL%O VOIILXO EYYPa'DO. iinoOEL va Ennp EaoEI. T0. VOJL%Q Ods IJL%aLwpaTa. TIODETE pTOWPQO1 OUTOU _OU cyypacpOU Mt-LOOELTE Va alto TO _ :fit 5=1 iT i � Left S2 .Y)2 : Board of 4 4>L }JT J -f fiJ :ealth, Nort.hex.ptcnr Na ES. 210 Yarn Street -- Tel. 1:o. 584-9D11 The Northampton Board of Health has inspected the premises at 29 N. Maple Street , Northampton (assessor's map 17C parcel 218 .), 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 (5) 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 Remedy 12.1 Mrs. Smith's apartment lacks two Install second exit in accordance' acceptable exits. c with Building Code. Please check. .5 ;:,17 / with Cecil Clark, the Building ff Inspector, before beginning repairs. It appears that the upstairs apartments also lack a second means of egress. We will need your assistance in making inspections of the upstairs apartments and if violations are found we will have to order the proper exits to be installed. If you have any questions, please call this office. Thank you, in advance for your cooperation. CERTIFIED MAIL #234456 Vey truly yours Richard J.`'Puncochar %L _ ` i e / (1:42,k1 iuyx✓I1,4-CUi k %JA 91j/ G-1Ce (U:..(1' .4/24<-1 .;2!A77.0 Persons have the right to seek a modification of an order. To complish a modification, a person must file in writing a petition r a hearing before the Board of Health. Petitions must be filed on me in accordance with the regulations below: Any person or persons upon whin 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) ; provide , such petition must be filed within seven days after the day the order -:'SE served; Any person aggrieved by the failure of any inspector (s) or other personnel of the board of health: (1) to inspect uuon recuest any premises as required under this code; provided, such -:etition 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 _ 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 -remises; provided , of the inspection such ioonembe filed within thirty days after receipt report; or 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 grieved by the failure of the inspector to perform as enumerated )ove has the right to be represented at a hearing and any adverse Lrty has a right to appear at said hearing. (3 ) (4) Public Documents All relevant inspection or investigation reports, orders, notices id other documentary information in the possession of the Board of ?alth are open for inspection and may be copied for a fee. • Remedies and Penalties Part of the Inspection Report contains a brief sununary 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 rdee fine of not ($500) dollars for eachnday's($1 . 00) comply ith this order. Pn' �y J 'y, . Name of Corn la an Ad res Nature of Complain BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date Location of Pre Owner Address Occupant Taken by Date of inspection INSPECTOR'S REPORT U Referred to Time Action Taken RD OF HEALTH JOYCE Chairman N.R.PARSONS McERLAIN.Health Agent CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 (413)5066950 Ext.213 IORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MIMIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: .. 1st Floor Apartment. 29 Nath Ma DATE: July 7 , 1989 ORDER ADDRESSED TO: le e Ggrry_&.Sandi La France c/o Florence Cleaners 29 Nor_th_Maple_Street Northampton, MA 01060 k COPIES OF REPORT TO x Chris Stalk 29 North Maple Street * Northampton, MA 01060 r: 0 1 .' 1 This is an important legal document. It may affect your rights . You may obtain a translation of this form at: que seus diremtos . legal muito adquirir umamttradgaoe destepdocumentoc der os Le suivante est un important document legal . 11 pourrait affecter vos droits . Vous pointer obtenir une traduction de cette forme a: Questo e 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 . lid . Puede adquirir una traduction de esta forma en: To up jest wa. Mozesz y document . To moze miec wplyw na twoje upravnienia. Mozesz uzyskac tlumaczenie teo dohumentu w ofisie : Northampton Board of Health City Hall , 210 Main Street Northampton, MA 01060 Tel # : (413 ) 586-6950 x214 The Moor Apartment, of Health jcNorthamptont( assessor' s map 17C 1 r Floor Apartment, 29 No. m a 8[ parcel _118_ • ) , for compliance with Chapter II of The State Sanitary Code . This de below,will hicht are that the serious enough as to endanger orlations listed lllow, safety, and well-being of the materially impair the health, occupants . he Massachusetts Under authority of Chapter III , Section + Code , you are General Laws, and Chapter II of the State Sanitary hereby ordered to make a good faith effort to coorectetheceipt following violations within of this order: RULATION VIOLAION • 0:620 Electrical service has been shut off. 0:351 Bathroom sink cold water pipeline leaks, currently must be operated via under sink shut off. E violation listed below must be corrected within seven it ice. 10:500 Hole in wall above bath tub. (7) REMEDY Restore electric service. Repair the leak and make the faucet functional. days of the receipt of f you have any questions concerning thismatter please contact Board of Health Office. /ery truly, Peter J. cErlain Health Agent Certified Mail #P 890 CC: Chris Stalk 362 388 Repair the wall. Re- place the missing tile and make it water tight. the Northampton (iJnmtunnroettlth at , annachusetts flthtritt Onuda at «UtssUChttS?" :hristopher Stolk, Plaintiff Civil Action No. R9 g90t 'S. ;erard LaFrance, Defendant SUBPOENA (DU CES TECUM (Rule 45) P t�_J-11m Frlaiia,-wealth lk9 e ntL�`14rLamBiQd—U9_2L of l.o MA Health Cit v Hall, 210 Main Streets.Northam ton, to YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts r for nt ten and give e of ithin stimony before the r • • • • • (6eurtl }I • on e7 199,7nt .4' 9 D _(A hl,) l, .$) and from day to day �,,..,- r — (date) hereafter until the above-named action is heard by said court, and you are further required to bring with you: All records and reports concerning thetinspectiStreetn thelorence, apartment of Christopher 9 SStolk, 29 MA on or about July 7 , FAILURE BY ANY PERSON WITHOUT ADEQUATE EXCUSE TO OBEY A SUBPOENA SERVED UPON HIM MAY BE DEEMED A CONTEMPT OF THE COURT IN WHICH THE ACTION IS PENDING. Aitra Cli NsOatA¢----- Clerk Papril 7 19,96 ei This form prescribed by the Chief Justice of the District Courts FORM 2426 HOBBS B WARREN, INC. C O M M O N W E A L T H O F M A S S A C H U S E T T S District Court Departmentl, of the Trial Court No . 89 - 3901 Hampshire , ss . CHRISTOPHER STOLE , Plaintiff vs GERARD LaFRANCE , Defendant DEPOSITION OF : GERARD LaFRANCE , taken before HARRIET H . TIMSERLAKE , Notary Public - Stenographer , pursuant to Rule 30 of the Massachusetts Rules of Civil Procedure , at the law offices of JOSEPH J . DeFAZIO , ESQ . , 231 Main Street , Northampton , Massachusetts , on April 9 , 1991 . 1365 Main Street Springfield MA 01103-1615 1413)732-6100 Harriet H . Timberlake Court Reporter CATUOGNO COURT REPORTING SERVICES• NC. Pittsfield.MA(413)443-7263 66 Long Wharf Hartford,CT(203 525-3097 40 South Street Boston.MA 0211036 m Northampton,MA(413)5 3566 evenings Worcester,75 -0600-2C19 (617)7230640 TELEOOPLEP(43) 1506)752-0640 38 there was no answer , so Q _ What did you do? A I pulled the plug . Q . Tell us exactly what you did . A . I turned off the electricity . Q . Where did you turn it off ? A . At the main switch 0 Q . How many switches do you have? 9 A . I ' ve got one for each unit ; there are 0 four . 1 Q Are the switches in the basement ? .2 A . Yes . 13 Q . After you shut off the electricity , sir , 14 what did you do , with regard to trying to get in 15 contact with Chris about the Bart ' s Ice Cream truck? 16 A . Nothing . i? Q . When was the next time -- what was the 18 next event related to you shutting off the 19 electricity? 20 A . At 10 : 30 I got a visit by a Northampton 21 policeman . 2 . Do you know the name of the policeman? I believe it was Ray Dunning . 23 P -i IJOGNO COURT REPO NG SER\IL ES. INC. Pittsfield MA Is 11e-0263 ;6 lo^9 Wha1 Hartford.CT(203 525-3097 46e' M Street _ Smile s.MA l 416 65 665 e.9r' _ �1 L)AO2l 30° 13 7394226 >r.Nr-�o.92013 2606'6 :ELEGD. i�R(: 1� n� - _ (6Pit -.tloe�'6C-36E0 Q . Where did Mr . Dunning come to see you? A . He came to the store . Q - Was there anyone else with you at the store ? A . Q 7 say to you? 3 A . He asked me if knew the tenant ' s power 9 was out . 0 Q What did you say? guess I was anticipating his 1 A . I gue 1 2 questions , like I am doing with you , and I started tol L3 give him a tirade . 'Whoa , " he said to me , " I don ' t 14 want anything to do with a landlord/tenant dispute . 15 I just have to verify the juice is out . That ' s it . 16 Good-bye . And that was it . 17 Q . Did you turn the electricity on after 18 Officer Dunning left ? 19 A . I told Officer Dunning when I was 20 ordered to turn the electricity on , I would . 21 Q . when was the next time there was any 1I 22! kind of action with regard to you shutting off the 23. electricity to Mr . Stalk? My wife and daughter were both there . What , if anything , did Officer Dunning 39 CATUOGNO COURT REPORTING SERVICES,HN. M+.r41:o 423-7263 Ha tOrd,CT';203525305' ng`. tl n(C 12 66 aenin95 MA CSI)0-36 S Noshamphos.40 South t..: Main -tee" HO �ETI'3 _ 0.0 Tc ECO l ID]%392?b - 16.;'i,2o- i:A81�&�E15 .t]°2-61CG 40 A . About 2 : 30 that same afternoon the health agent came . Q . Do you know who that was ? A Peter McElroy . Q . Did you speak with Mr . McElroy? A Briefly . ( Q . Was anyone else there? 3 My wife . What did. Mr . McElroy say to you? 9 Q . 0 A . He notified me I couldn ' t do that . I Q . Do what? 2 A . Shut off his electricity . L3 Q . That ' s what he said to you? 14 A . Yes . 15 4 - Did he say anything else to you? 16, He said he would inform me formally I 17 had to reinstate the electricity . What did you say after he told you that 18 Q . 19' you weren ' t supposed to do that? 20 A . I said , When you tell me that 21 officially , I will turn the juice back on . " 22I Q . So , it ' s your sworn testimony that Mr . 23. McElroy never told you to turn the electricity on? a255 Main S ., MA 01103- 7323100 GATUOGi O COOUT RE STING SEFM1VICES, INC.. (413)443-7252 5F ..-y Wharf Hanford CT 23525309 -..r "p5 01 North 1 A!113 b 52 540 t o.M:23 3 40 TErEC [E3('i3)739-4226 >as[e 101"Io�tic40 (CA6)c^�]'500 41 A . No . Well , no , he told me that I couldn ' t do that , but he said he would inform me by registered letter I had to turn it on , and I said when I have been informed by registered letter , I I would do it . Q . I am just a little bit confused here . i 7 Mr . McElroy is a representative of the City of 8 Northampton ' s Board of Health . Did he inform you 9 that you were in violation of health regulations for 0 shutting off the electricty? 1 A . He advised me I could be , not that I 12 was - 13 Q . So , he had some question in his mind 14 about that? 15 A . I don ' t know ; i don ' t know what was in 16 Mr . McElroy ' s mind . 17 Q . Did you have any question in your mind 10 you were in violation of the health code by turning 19 off the electricity? Yes , I was kind of in shock that I 20 A . 21 couldn ' t prevent Chris from giving my electricty to 22 whomever he pleased O So , it ' s your belief that , at least at 23 -- CATUOGNO COURT RE ORTING SERVICES,P INC.d.MA(413)443-7263 Long Mad Ha ford CT(203525-3096 Edson 405 S 56 MA02' 0-3610 Nonham Oon,MA .al..)5353586 evenings 171723-0640 TELECOPIER(41 '739-4226 1550'5:;52U640 7362 Main SIreat Seringlin d.MA 01103-16)5 )411)7328100 42 that time , that the landlord has a right to shut off the utilities to a residential tenant? A . Oh , I don ' t think I have the right under'', normal circumstances - I mean - - LAW OFFICES of Joseph J.DeFazio Joseph i.oeeazu Laura r.Arbeitman x.Toni aealoney,Legal Assistant July 30, 1991 peter J. McErlain 1lth Agent rd of Health zy of Northampton 0 Main Street rthampton, MA 01060 Gerard LaFrance/Christopher Stulk 29 North Maple Street, 1st Floor, Florence ar Mr. McErlain: I represent Christopher Stolk in a civil action against his )rmer landlord, Gerard LaFrance. The lawsuit arises out of 'juries my client sustained as a result of Mr. LaFrance's shut ff of electricity to Christopher 1tolk s apartment at 29 North aple Street, Florence in July You inspected the apartment on July 7 , 1989 and ordered Mr. aFrance to restore the electricity. A copy of your inspection .eport is enclosed for your review and reference. This office took a deposition of year. LaFrance incconnectd n pith this lawsuit in April of this y r. La ra July a, ander oath that when you inspected the apartment 1989 at 1:30 p.m. you did not order him to restore the electricity upon confirming that it was offebutr nlyt he stated that you would inform him by Mr. LaFrance also states esethat he must restore the electricity.until July 12 , 1989 . of Mr. LaFrance' s deposition for did not receive y enclosed the relevant pages your reference. years ago, but I I realize that this incident two documents and appreciate it if y your best memory ofd hose file and and our interaction witth Gerard LaFrance. of those events and y 231 Main street Northampton Massachusetts moo Telephone(413)586-6161 FAX 413)584-9163 Peter J. McErlain r 30, 1991 -2- u I will cal ou or° toh arrangeato discussMonday o it atlac tthis time ter with y venient for you. Thank you very much for your attention to this matter. A/tr closures Christopher Sto]k urs, /' 4 6, aura F . Arbeitman BOARD OF HEALTH MEMBERS OFFICE OF THE ROSEMARIE KARPARIS,R.N.,MPH KANTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Richard Meczywor,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk August 24,2007 Justin Novotny 29 North Maple Street-2"J Floor Florence, MA 01062 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 RE: 29 North Maple Street- 2"J Floor—Inspection Letter Dear Mr. Novotny: 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 A representative from the Northampton Board of Health conducted inspection of your apartment on August 24, 2007 at the premises located at 29 North Maple Street-2n4 Floor Apartment, Northampton,MA,owned, operated, or occupied by you, for compliance with Chapter II of the State Sanitary Code and MGL Chapter 111, Sections 122-127, Abatement of Nuisances. The inspection revealed several violations of The State Code, Chapter 2 and an inspection report is Being prepared by this office and is forthcoming. The report will be sent to the property owner and a :opy will also be sent to you by August 29, 2007. 'lease feel free to contact the Board of Health office at 587-1213 if you have any questions concerning this natter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified inner the pains and penalties of perjury. Sincerely finest J. athieu, R.S., M.S., C.H.O. )irector of Public Health BOARD OF HEALTH MEMBERS OFFICE OF THE ROSEMARIE KARPARIS,R.N.,MPH XANTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.N.O. Director of Public Health ilchard Meczywor,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01080 (413)587-1213 FAX(413)587-1221 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION"AND/OR CHAPTER 111, SECTION 127,ABATEMENT OF NUISANCES, AND SECTION I27L, OF THE MASSACHUSETTS GENERAL LAWS AT: September 1, 2007 Sandra and Gerald LaFrance 29 North Maple Street Florence, MA 01062 dc/7-604, Ate (/3 3 — ,//93 RE: 29 North Maple Street-god Floor-Housing Code Violations 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 tradpao deste documento de: Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir line traduction de cette forme a: Questo e un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pile ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccidn de esta forma en: To jest wazne legality dokument To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: PAGE 2 Dear M/M LaFrance, A representative from the Northampton Board of Health conducted an Inspection on August 24,2007, at the premises located at 29 North Maple Street-2n' Floor Apartment, Northampton, MA, owned, occupied, or operated by you, for compliance with CHAPTER II OF THE STATE SANITARY CODE, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION,AND/OR CHAPTER 111, SECTIONSECTIONS 122- 127, ABATEMENT OF NUISANCES,OF THE MASSACHUSETTS GENERAL LAWS. 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 H 410.000 VIOLATIONS MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITAHON,AND/OR CHAPTER 111, SECTION 122-127, ABATEMENT OF NUISANCES, OF THE MASSACHUSETTS GENERAL LAWS: EXTERIOR/ENTRANCE TO BUILDING .481 CITCHEN 500 JIVING ROOM 380 Owners name, address and telephone number not posted on the building in accordance to the requirements of this code. 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. NOTE: IF OWNER RESIDES I N THIS BUILDING THE OWNERS POSTING IS NOT REQUIRED. Several (4-5) loose and/or cracked floor tiles. ORDER: Replace/re-glue loose and/or cracked floor tiles. (Correct by September 28, 2007.) Window lock(s) do not appear to line up. Difficult to lock window. ORDER: Adjust window/window lock(s) in order for windows to lock easily.(Correct by September 28,2007.) :EDROOM (FRONT) 180 Window lock(s)do not appear to line up. Difficult to lock window. ORDER: Adjust window/window lock(s) in order for windows to lock easily.(Correct by September 28,2007.) :50 and .256 Missing ceiling light. Temporary lighting being used (Lamp). ORDER: Install ceiling light. (Correct by September 31,20074 EDROOM (REAR) 00 Bedroom door has missing door knob/handle. ORDER: Install door knob/handle.(Correct by September 31,2007.) PAGE 3 .250 and .256 Missing ceiling light. Temporary lighting being used (Lamp). ORDER: Install ceiling light. (Correct by September 31,2007.) BATHROOM ,500 Some areas around the tub has missing/broken tub caulking. ORDER: Replace caulking in areas around the tub were caulking is has missing/broken.(Correct by September 31,2007.) IMPORTANT NOTE: THE OWNER OF THE DWELLING SHALL GIVRE THE TENANT SUFFCIENT NOTICE PRIOR TO MAKING REPAIRS AND THE TENAT MUST ALLOW ENTRY IF NOTIV=CE IS SUFFIENT. (See Section Below from the Code) 110.810: Access for Repairs and Alterations Every occupant of a dwelling, dwelling unit,or rooming unit shall give the owner thereof, or his agent or employees, upon reasonable notice, reasonable access, if possible by appointment, to the dwelling, dwelling unit, or rooming unit for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of these minimum standards. 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. hider authority of ARTICLE II, 105 CMR 410.000, MINIMUM STANDARDS FOR HUMAN IABITATION AND M.G.L., CHAPTER 111, SECTIONS 122 TO 125, ABATEMENT OF WISANCES, you are hereby ordered to make a good faith effort to CORRECT THE 'OLLOWING VIOLATION(S) AS INDICATED IN THE ORDER AND NOTIFY THIS IFFICE AT 587-1213 WHEN ALL VIOLATIOS ARE CORRECTED. MPORTANT NOTE. PLEASE NOTIFY THIS OFFICE AT 587-1213 WHEN ALL OF THE 'IOLATIONS ARE CORRECTED TO ARRANGE FOR A RE-INSPECTION. IF ALL OF HE VIOLATIONS ARE NOT FOUND TO BE CORRECTED AT THE TIME OF THE RE- VSPECTION AND ANOTHER RE-INSPECTION IS REOIRED,THERE WILL BE A $75.00 '.E-INSPECTION FEE FOR EACH RE-INSPECTION REOIRED. hould you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A request rust be received in writing to the office of the Board of Health within seven (7) days of receipt of this order. At rid hearing, you will be given an opportunity to be heard and to present witnesses and documentary evidence as to by this order should be modified or withdrawn. You have the right to be represented by an attorney. You may intact this office to inspect and obtain copies of all relevant inspection or investigation reports, orders, notices and her documentary information relative to this property. If these premises are occupied as rental housing, the :cupants are entitled to their statutory rights and remedies. As required in 410.812(B), I am enclosing a copy of ese rights and remedies on page 6 in the document entitled, "THE FOLLOWING ISA BRIEF SUMMARY OF 9ME OF THE TENANTS LEGAL REMEDIES" PAGE 4 Please feel free to contact me at the Board of Health office, at 587-1213, if you have any questions concerning this :natter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified ander the pains and penalties of perjury. Sincerely, Ernest J. Mathieu, R.S., M.S., C.H.O. Director of Public Health EMAIL: emathieu @northamptonma.gov Building Dept. Justin Novotny 29 North Street-2vd Floor Florence, MA 01062 PAGE 5 (ATTACHMENT) THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. 1. Rent Withholdinv(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.) Repair and Deduct(General Laws,Chapter 111 section 127L) he 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 indlord 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 ithin 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). to owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement ency about code violations. If the owner raises your rent or tries to evict within six months after you have made the mplaint he or she will have to show good reason for the increase or eviction, which is unrelated to your complaint. You ,y be able to sue the landlord for damages if he or she tries this. Rent Receivership (General Laws, Chapter 111, Sections 127C-H). e occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather n to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to rect the violation. The receiver is not subject to a spending limitation of four months' rent. Breach of Warranty of Habitability. may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet iimum standards of habitability. Jnfair and Deceptive Practices (General Laws, Chapter 93A). sting an apartment with code violations is a violation of the consumer protection act and regulations for which may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE 7 DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION. IT IS ADVISABLE THAT YOU 4SULT AN ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE REST LEGAL SERVICES OFFICE WHICH IS: WESTERN MASSACHUSETTS LEGAL SERVICES 584-4034 20 HAMPTON AVENUE, SUITE 100,NORTHAMPTON,MA 01060 09/11/07 4:48:04 PM COMMERCIAL/INDUSTRIAL PROPERTY RECORD CARD NORTHAMPTON, MASSACHUSETTS PAGE 1 EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 17C-218-001 29 NORTH MAPLE ST PLOT: Living Units: 3 Class: C 013 Card # 1 of 1 CURRENT OWNER/ADDRESS Neighborhood 305.00 FINAL VALUE FLAG: INCOME LAFRANCE GERALD D & SANDRA K LAND DATA 29 NORTH MAPLE ST TYPE SIZE INFLUENCE FACTORS LAND VALUE -ASSESSMENT INFORMATION- PRIME SITE 6510 182,550 PRIOR COST INCOME CURRENT FLORENCE MA 01062 lqqp�#ggpq#qqIpppjgpqpqpgppqqppqqplqqg�7qqg� LAND TOTAL 242,900###NNNpppp 282,000 282,000 DEED BOOK: 2585 TOTAL ACREAGE: 0.149 TOTAL LAND VALUE: 182,550 SALES INFORMATION DEED PAGE: 161 DEED DATE: DATE TYPE PRICE VALIDITY LAST UPDATE: % 2D+07/ ATTACHED IMPROVEMENTS COST APPROACH DETAIL: TYPE M1 M2 M3 #UNITS LEVELS USE E WALL HEATING A/C AREA SF RATE RCN % GD RCNLD CP5 18 1 1 NONE NONE 1550 12.78 19,820 .35 6,930 01 TO 81 1 85 3 FRAME NW/STEAM NONE 1001 42.88 42,910 .50 21,460 01 TO 01 11 FRAME HP/STEAM NONE 549 68.92 37,840 .50 18,920 02 TO 02 11 FRAME HW/STEAM NONE 1550 65.57 101,650 .50 50,830 TO NONE NONE TO NONE NONE TO TO NONE NONE ONE NONE BUILDING # 1 YEAR BUILT 1900 TOTAL UNADJ RCN 112,340 UNITS 3 TOTAL UNADJ.RCNLD 119 940 QUALITY GRADE C GRADE FACTOR 'I.00 EFFICIENCIES 1 # !DENT UNITS Rpp 1-BEDROOMS FUNC/ECON FACTOR RCNLD 1.00 2-BEDROOMS 2 119,940 18 3-BEDROOMS OUTBUILDING/YARD ITEM DETAIL: v DESCRIPTION WIDTH LENGTH WAN. YEAR PHYS. FUNC. % GD VALUE 42 OR SIZE BUILT COND. UTIL. NONE NONE NONE NONE NONE NONE NONE NONE 28 NONE NONE OTHER IMPROV NONE NONE TOTAL OBY/YARD VALUE: INCOME APPROACH SUMMARY: 55 TOTAL RENTABLE SQUARE FEET: INCOME ADJUSTMENT 110 23 INCOME INDICATED VALUE: