44 Complaint 2014 CITY of NORTHAMPTON
PUBLIC HEALTH DEPARTMENT
212 MAIN STREET-NORTHAMPTON MA-01060-(413)-587-1214
BOARD OF HEALTH MEMBERS: Donna Salloom, Chair—Joanne Levin, MD—Suzanne Smith, MPH, MD—
William Hargraves—Cynthia Suopis, PhD
STAFF-Mernduh O'Leary.RS.Director-Daniel IYmiuk, Inspector-Edmund Smuh.Inspector-Lisa Steinbock,H.R. Nurse
CORRECTION ORDER
Issued under the Provisions of
The State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation
105 CMR 410.00
Note: This is an important legal document Mat might affect your rights.
Este es un documento legal importante yue podria afectar sits derechos.
July 24, 2014
Michael's House
(attn: Christina/Appleton Management)
71 State Street
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 44 Stoddard Street,Northampton, MA on 7/9/2014, and 7/24/2014.
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,
rt
Edmund Smith, Health Inspector
C: Occupant
Az con
% e;
C)
etc 0
+tt-4-r--t
E:All violations that are deemed conditions that may endanger or impair health,safety or well-being,must be corrected within
ed time frame. All other necessary violations,the landlord must begin to make the repairs or contract with a repair person(in
g)within five days of receiving this order and complete repairs with 30 days of receiving this order.
105 CMR 410
State Sanitary
Code
Regulation#
Description
X
Conditions
may
endanger or
impair health,
safety or
well-being
Compliance
Date
Days from
inspection date
Re-
Inspection
Violation
Corrected
Yes/No
501, 500
Storm close: return/storm poor spring bottom,m, damaged(no
piston closer); poor seal at bottom, damaged
bottom panel
30 days to
abate(owner's
responsibility);
reinspection:
8/28/14
500
Carpet r l paths po in doorways, worn through
ppear in
travel phs(paor quality carpeting, appears
poorly installed, and with heavy use)
30 days to
abate(owner's
responsibility);
reinspection:
8/28/14
500
Kitchen door to LR: damaged moldings
(occupant responsible/occupant's cat)
30 days to
abate
(occupant's
responsibility);
reinspection:
8/28/14
500
Bedroom Door: hole in door panel
(occupant accepts responsibility for damage)
30 days to
abate(occupant's
responsibility),
reinspection:
8/28/14
351
Ceiling ventilation t fen draws little or no air when
on—duct t mutt t checked or det for obstructions/abat t
(animal nest, lint etc.); or determine/abate other
cause
30 days to
abate(owner's
responsibility);
reinspection:
8/28/14
482
7/9/2014 manager; rd reply on detector,said notified ,property
manager; reply on 7110/14 said abated, and
prop. Mgr. checking other Michael's House
properties for compliance as well
ABATED
7/10/2014
NA
OTE. Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105
MR 410.000 in a work person like fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in
:fore occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to
,rform work iciia s certifies that the work correct the violations, such as. but not
been completed n accordance with applicable laws and regulalonsd wiring that the appropriate
Northampton Health Department
"`' �P4`P'"�� "`- _n'>r 212 Main Street
/(-/13)s�s- 8
Dt
Northampton, MA 01061
(413)597-1214
Inspection Form
State Sanitary Code 105 CMR 410.000:
Chapter II,Minimum Standards of Fitness for Human Habitation hildren<6 Years
Time
le Asti 5+
Is
4)
tB iff0ARo
Type of VlMahon
C
cer mechanism(4 or more units)
),Exit signs/emergency ugh
,steps,doors,windows,roof-maintenance
a
0
Title
tight elements
p t - SP,(rnfb
-storage and collection
ntenance-trash,debris,vegetation
ance of area
ghts,windo
eather tight,maintenance
means obstructed,safe
Is-provided,maintenance
�C,7RPE
walls,ceiling-maintenance
S,st
windows-weather tight,maintenance
4"
0 Occupants
Phone tt
City/Town
Phone#
City/Town
Apt
Zip Code
Possible Code 111 violation
Observed
480 -_■-
500,503
4Q,Ek'J,s-m-
513 Mt/ A
600,601
602
500
NI
501,500
oawption
SI MN
EINIMIEMISFIR
MI MN
s u ss✓E rs /)t,
ion(circle): Front Rear
eratOr,sink,stove,oven-good repair,impervious
tooth
Middle
V c.
500
503.500
Floor Level of Unit
Si a
IIIII
®=�
ails,ceiling-maintenance
Rs,lights
lows,screens-weather tight,lock,maintenance,
ided
absorbent floor
r,walls,ceilings
lets,lights
idows,screens-lock,weather tight,maintenance,
vided
500
501,480,500,
551
504
500
250
501,480,500,
551
cO
r5 cc7r <t J Pri cE
p tiEt '/
N�
veiling
Type of Violatbn
eens—weather tight,locks,maintenance,
ceiling
reens—weather tight,locks,maintenance,
ceiling
creens—weather tight,locks,maintenance
!r,tub—impervious,maintenance
ets
}natura
tstkigY�'O
Is,ceiling—maintenance
ice,weathertight
(circle): Public Private
ivantity,pressure
ale for paying MGL ch 186 s 22,metering
le(circle): Natural Gas Oil Electric Other
Location taken:
Possible code
sectionlsl
IUYOlatlon
Observed
Responsible
Party
180,354
nin-130 max f
ircle): Forced Hot Water
Electric
able units
Forced Hot Ai
ble room and every room with toilet,shower
din 68°f 7:00am-10'.59pm
Ain 64°f 1100-6:59am
78 F max in heating season/measure 5 fee
feet floor
ter TM99A-UL Digital Thermometer used to
temperature readings
all 5
(circle): 110
220 Amp:
cage,temporary wiring,metering
wed&operational
CO detector not electric
of pests/harbors
Dugs/cockroaches
7C
200,20
OfeLlpant
oescripnp
ES, IIII
IIII
NIS
ran
® * I e
7Gi NL' CO
❑ Electric ❑ Fire
❑ Plumbing ❑ Building ❑ Other
eport is signed and certified under the pains and penalties of perjury.
:ure
cupant'scupant's Representative nature
gate
licates that this housing inspection has revealed conditions which may endanger or materially impair
safety,and well-being of any person(s)occupying the premises
Time
it
Code Citation and Description of Violation
continued
THE FOLLOWING IS ABRIEF SIT LMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN
ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED.
I. Rent Withholding(General Laws Chapter 239 Section EA).
If Code Violations Are Not Being Corrected roll rum'be mvlfted to hold back,roar r en;pauuent You can do
antwahaut benig e iered rf' .
You can prove that your dwelling tndt -common areas contain violatio s which are serrons enough to
endanger or natenally impair y our health or and dot your landlord}drew n°bout the aiolations
before you were behind in your rent.
B. You did not cause the violations and they can be repaired while you continue to lice it the building.
C. You are prepared to pay any portion of the tent into court if ajudge orders you to pay for it. (for MR it is
best to put be rent money aside in a safe place.
_- Repair and Deduct(General Laws Chapter Ill Section 12Th).
This law soviet/Ines all w u to ne your rent Inelley to make the epa v ourself If your local code
erja peen r certifies h that e cod violations 1 ih endanger o' mt Y impan your health.safety
or well-being and your landlordhas received um f the violations.you >b able to use t remedy. if
the fails tp begin pair necessary ay enter into u e n t to ore )within i days after
notic e or to complete repairs within 14 days after notice yohcanuse up t four
months'rent l any y no make the
repairs.
3. Retaliatory Rent Increases or Eviction Prohibited(General Laws Chapter 186.Section 18 and Chapter 239
Section 2A)
The mtner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement en agency plainth code she will have a to showha good reason your
the evict
eviction which is months
nrelatedto
have codethe
t. You complaint. You,ray be able to sue the landlord for damages if he or she u e+this.
4. Rent Receivership(General Laws Chapter III Sections I 21C-11) Corm to allow rent to be paid
The occupants ndior the board of health may petition the District or Superior
moneynas rather
tc the
theeviolation.T7heteceier not subject to a may
limit ation n of four months rent.
5. Search of Wan'anty of Habitability.
You may be entitled to sue your landlord to have all or sonic of rent
meet mininuuu standards of habitability.
6. Unfair and Deceptive Practices(General Laws Chapter 93x)
Rening an apalmient with code violations is al icdation of the commit e protection act nd heghations for
which you may sue an owner.
THE LNFORNLATION PRESENTED ABOVE IS ONLY A SUMMARY OE THE LAW.BEFORE YOU DECIDE
AN ADVISABLE
EY.YOU SHOULD CON-TACT THE NEAREST LEGAL SERVICES AN TTOR
OFFICE WHICH S:
(TELEPHONE NUMBER)
( AME)
Ihng unit does net
(ADDRESS)
Or —
tot p ' Date Entered:
king ° e`tG' Entered By:
HOUSING
NUISANCE POOLS___ NAIL SALONS
ODOR_ SMOKE NUISANCE OTHER_
SEPTIC_ HOARDING_
BODYART
I INFORMATION:
cation: H°/ 5 0429;44W T "
�. - rr,,.� 7 Z c(.e
nplaint: NJO
laicco
'TANT'S INFORMATION:
t/Occupant's Name:
Date of Complaint:_i?i-L
Animals: ON Child Under 6: Y/C
Ckr,
,/Occupant's Address:
INFORMATION:
ame: M'cO
[grJLL:
tit
o/ei' Hwy 73 et--0
se` ? Address:
y,3 gx322(
Telephone # ( )n—
Alternate# ( )
Tele.' .1" )--
8'8`9(,
Unfounded:
s Found:
Address:
Alternate # ( )
C 4td J T
C o
l
Date/Time of Inspection
ire of Inspecting Officer
Stoddard St-Goog le Maps https://www.google.com/maps/sezmld44+Stoddard+Street,+Northampton.+MA/@4232959...
44 Stoddard St s s ^ e
Northampton,MA 01060 Direction Save
e mo r1eo
'cMg 5 oo■m�V m
• g Stoddard St
StreetVtew
y
lili
Expore this area ,
SesFM1 nearby-p¢a Dose shops
S in0.+
thrill SCA]
N
I
9 s
1,0,1 milli plithe s
to.,,, _ .. L, IF
._ vnoare rmia
CITY of NORTHAMPTON
PUBLIC HEALTH DEPARTMENT
212 MAIN STREET-NORTHAMPTON.MA-01060-(413)-587-1214 ND Suzanne_ Smith, MPH, MD-
BOARD OF HEALTH MEMBERS: Donna William Joanne
yntthia Stouts, PhD
STAFF:Merridah O'Leary,RE. Director-Daniel Wasiuk Inspector-Edmund Smith.Inspector-Lisa Sieinbnck R.V Nurse
CORRECTION O R D ER
Issued under the Provisions of
he State Sanitary Code,Chapter II,Minimum CMm Standards of Fitness for Human Habitation
Note: This important legal might o l
Ete es undo umnto legalimportance Sue podra fecar affect your
2014
IN House
hristinalAppleton Management)
e Street
Lupton MA 01060
roperty Owner/Manager:
ty loca ed atp44 Stoddard Streeet,Northampton,MA on 799/2014,a Department of your
and 7/24201
re hereby ORDERED to correct these violations within the noted time limit. Failure to comply
the allotted time period may result in a criminal complaint against you.
lave a right to request a hearing before the Board of Health. This request must be made by you, in
ed parties will bel informed of the date, time, and place of the hearing,If
ing, and of their right to inspect
opy all records concerning the matter to be heard. The petitioner has the right to be represented at
wring.
zrely,
Lund Smith, I-
)ceupant
alth Inspector
cCup krfort dye
- ,, `1
e'. Revisions made and these Orders re-issued 7/30/2014 per Edmund Smith
nations that are deemed conditions that may endanger or impair health,safety or well-being.must be corrected within
frame. All other necessary violations,the landlord must begin to make the repairs or contract with a repair person On
n five days of receiving this order and complete repairs with 30 days of receiving this order.
X Compliance
Date
;MR 410
Sanitary
:ode
Description
julation#
01, 500 Storm Dos return/storm seal at spring broken (no damaged
piston closer),r),; poor
bottom panel
500 Carpet Damaged in doorways,worn through in
travel paths (apparent heavy use)
500 Kitchen door to LR: damaged moldings
(occupant admitted responsibility/occupant's cat)
500
35
482
Bedroom Door: hole in door panel
(occupant accepts responsibility for damage)
Conditions
may
endanger or
impair health,
safety or
well-bein
Ceiling ventilation fan draws little or no air when
on—duct must be checked for obstructions
(animal nest, lint, etc.); or determine/abate other
cause
7/9/2014 found no CO detector, notified property I
manager; reply on 7/10114 said abated, and
prop. Mgr. checking other Michael's House
ro erties for corn.fiance as well
•
•
•
Re-
Inspection
Violation
Days from Corrected
nspection date Yes/No
30 days to
abate(owner's I
responsibility):
reinspection'.
8/28/14
30 days to
abate(owner's
responsibility);
reinspeclion:
8/28/14
30 days to
abate(owner's
responsibility
fo repair);
reinspection'.
8/28/14
30 days to
abate(owner's
responsibility
to repair);
reinspection;
8/28/14
30 days to
abate(owner's
responsibility);
reinspeclion'.
8/28/14
ABATED
1 7/10/2014
person like fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in
E: Compliance means meeting all the requirements of 105 CMR 410 000. It shall also mean correcting any violations of 105
410.000 occurrence in a work p and wiring that the appropriate
r work sfany such ee violations. Compliance ce shall but also mean in those tang, plumbs licenses wiring ngrthasare required to
cm work necesshry to correct b ten violations,plted such rd, nce not (applicable laws and regulations.
alp certifies that the work has been completed n accordance with applicable
NA
-revised orders https',//mail.google.com/maiVu/0/?ui=2&ik=9954d8032tKVew=pas
Ed Smith<esmith @northamptonma.gov>
Wed,Ju130,2014 at 12:50 PM
0rthamptonma.gov>
Is.com
iy call and I'm happy to amend the orders in the interests of clarity. I've a attache on the vision -iif you wo ld,t takBoard ok and�let me the les address your concerns',and also let me know if we should keep your pP ha
th Department
lorthampton MA 01060
:Monday 8 Wednesday,8-4:30:Thursday 8-12 noon.
Ward Street revd 7302014 docx
Wed,Jul 30,2014 at 5:24 PM
smith @northa mptonma.gov>
mptonma.gov
lone
message:
on,Joanne"<jgagnon @oconnells cam>
,2014 at 4:16:42 PM EDT
cesmith @northamptonma gov>
revised orders
naking the correction,it really does add clarity to the report. We plan to address everything,do you want us to let you know when it
her require a hearing,my concerns were addressed with the clarification.
at day'
e Gagnon,CPM,
,NAHP-e,CEP
nt Vice President
Corporation
c Street
AMOlo40
t Appleton
Office:4135368248
Fax 413534 0344
Eneil:
noi (oloconrels .
7/31/2014 8:18 AM
-revised orders hops://mail.google.com/maiVu/0/7ui=2&ik=9954d8032Mview=ptas...
na Ilto:esmith@ northam pton ma-govj
July 30,2014 12:51 PM
ne
orders
except what is falls ende
you are hereby notified that the reading,disclosure,copying,distdbution or use of all
lic mail message and any attachments thereto may contain confidential and/or privileged information intended only for the printout
med communication It you iarenot the rintended recipient cey please permanently delete it and any copy orp
ly our e-mail ecritstncce immeidiatlf either by telehioneat transmission i-1301 or P
is y our a-mail security officer immediately either by telephone at 413-540-1301 or by sending an electronic message to
aconnells.c0m.
7/31/2014 8:18 AM
) DELIVERED
9, 2014
Appleton CORPORATION
Asset&Properly
Management Se vice
2�
;dmund Smith.Health Inspector
'iry of Northampton Public Health Dept
Nain Street
sampton,MA 01060
Michael's House
Correction Order dated 07/24/14 for 44 Stoddard Street
5'Suffolk Street
Suite NO
Holyoke.MA 01040
(413)536- 04S
FAX I 413)531-5341
-Mr. Smith:
are hereby requesting a hearing before the Board of Health regarding the contents of the correction
r referenced above.
,se note that in the interim, we are scheduling all referenced items in the correction order for repair
or replacement.
r Northampton landlord,we are well respected and take pride in our properties and the manner in
ch we manage them.We look forward to meeting with you and thank you in advance for the
ortunity to be heard.
cerely,
Anne Gagnon, COSA, NA
st.Vice President
e, CPM
Occupant,44 Stoddard Street
File
CCOW+feilS .Cc
vin cappteton corp.net
euOwl iy("n<a
wm a;ary
riff 0cuvsul.
CO W'VILS