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133 Orders to Correct 2011-2012 BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M 0. JOANNE LEVIN,M.O. STAFF Merridith O'Leary,RS Director of Public Health Jennifer Brawn,R N.,Public Health Nurse Daniel Wasiuk,Health Inspector Edmund Smith,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 133 SOUTH STREET UNIT#2 This is an important legal document. It may affect your rights. You may obtain a translation of this form at: 212 Main St, Northampton Ma Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradcao deste documento de: 212 Main St, Northampton Ma Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main St, Northampton Ma Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Main St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: 212 Main St, Northampton Ma To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212 Main St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall,212 Main Street Northampton, MA 01060 Tel #: (413) 587- 1214 1yI>Ct t LE CO-7°V - �PV r Eil C-ryr Cttfen?7 . JAS BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M D. JOANNE LEVIN,M D STAFF Benjamin Wood,MPH Director of Public Health Patricia Abbott,R.N,Public Health Nurse Daniel Wasi uk,Health Inspector Edmund Smith,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 Date: 10/1/2011 By authority of Chapter I1 of the State Sanitary Code, as adopted under Chapter 111, Section 3 and I27A and 127B of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of the dwelling named in the attached report, and found it to be in violation of the Minimum Standard of Fitness for Human Habitation. A list of the violations is enclosed. You are hereby ordered to begin necessary repairs, or contract in writing with a third party within five (5) days (of the date on this letter), and to make a good faith effort to substantially correct within thirty (30)days. as of the date of this letter, all violations recorded on the report. You are further ordered to correct any violations followed by an asterix (*)within twenty-four hours of receipt of this notice. These are violations or conditions, which endanger the health, or safety and well-being of the occupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the occupant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection form. A reinspection will be conducted, as indicated, to determine compliance. You are entitled to a hearing, provided a written petition is received within seven (7) days. You are also entitled to be represented by counsel,and have the right to inspect and obtain copies of all relevant reports, orders and notices. Any adverse parties also have the right to appear at the hearing. Every occupant shall give the owner, agent or employees, access, upon reasonable notice, for the purpose of correcting these violations. (CMR.810) Failure to comply with this order may result in a fine of not less than ten, nor more than five hundred dollars; each day constituting a separate violation. It is your responsibility to provide proper workmanship and to obtain the appropriate private permits where necessary. Your immediate attention will be appreciated.If you have any questions, please contact this office. Sincerely, Edmund Smith Health Inspector,Northampton Health Department Inspection Form 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: 912712012 Time: 11:15 #Occupants: 2 #Children<6 Years :none Address:133 South Street Unit# 2 CitylTown: Northampton Occupant Name: Erin Kelly Phone#802.522.0792 Owner Name: Amy&Greg Ostrander Phone# 413.634.5459 Owner Address: 332 West Cummington Road City/Town: Cummington,MA Zip Code:01026 #Dwelling/Rooming Units in Dwelling: 3 #Stories: 2 Floor Level of Unit: 1st #Sleeping Rooms: 2 #Habitable Rooms: 4 Inspector: Edmund Smith Title: Health Inspector If violations are observed and checked, describe them fully on Page 3. eilinq height Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) /if Violation Observed Responsible Party Owner Occupa nt Locks 480 Yard& Yard Handrai I, Exit signs/emergency lights 481.483,484 h Porch ors windows, roof Handrails, steps, doors windows, ro 500,501. 503 and collection 600.601 Rubbish—storage Maintenance of Area 602 Gutters: provided but not functional 351 X X.1K I4 104,F.c!3 Common Areas& Entry Light, windows 253.254. 501 Egress-Rear Egress partially blocked by possessions 450,451,452 X _ '�t X '0('' pI4 tW occupants Handrails 503 Door: insufficient lock (hook&eye); storm door missing; door windows: door glass pane broken (by occupant) 501 XX XX 4414-13'17-4/ X Interior Halls &Stairs Floors,walls ceilin•s: taint 8 •atch coat area) 500 X X -- , Hallways, railings, stairs s03 Light, windows: 503.254.501 Baseboard trim(lower left of coat area): broken/loose 351 X /hi Ana 1st Bedroom 1 NorthEast Location (circle): Front Rear Middle Left Middle Right Floor Level of Unit: Ventilation z6 Ceiling height 280 402 Windows, screen 401,551 Wall, outlet near closet: doesn't work; ceiling of closet: penetrations to wall cavity 500,350. 351 XX XX n/ n96 Awn, Bathroom Toilet, sink, shower,tub, door: surround needs X X 0/ )- ,rcrp caulk Smooth, Smooth, impervious surfaces 150 Lights, ventilations z51,280 outlets, Floors/walls 254 Kitchen Kitchen, cont. Sink,stove, oven; good repair, impervious and smooth, space refrig: sink cabinet has not sealed 100 X X 4 J1 I Oa•yet penetrations Lights, outlets,ventilation, windows, screens: outlet not GFI 551,280.501. 1 X X *Vs- �y Eo near sink Afl, 4f12 eilinq height Written description of any violation(s) checked above Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. NOTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the health, safety, and well-being of any person(s)occupying the premises Referral: - 0 Electric 0 Fire 0 Plumbing 0 Building 0 This inspection report is signed and certified under the and pens ties of perjury. /yr pppains Inspector Signature: �.4. 4R i�.��a+� �ti/`�/ZO/L 7�y0C'S Co �^ J� ll Area or Element Type of Violation Use blank boxes for ones not listed Possible Section(s)eC d lit Observed Responsible Party Owner Occupa nt Floor 504 Floors/Walls: under counter opp. Fridge: loose baseboard;floor into bathroom: 3 layers, much wear(not smooth & impervious) 500 XX XX y4/c ,49srso Living room and Dining Room Lights, outlets, ventilation 250,280 Ceiling height 401,402 Windows/screens 501.551 Fireplace: pan covering non-working fireplace is not secured 500 X X •i/ FyShE_D Closet: broken ,lass in door 351 X X A — e_- . Basement Maintenance 500 Watertight 500 Lighting 253 Hot Water Fuel Type (circle): Natural Gas Oil Electric Other Kitchen Temp.: °f Location taken: Quantity, pressure, 110 F min, 130 max: 155 degrees (at kitchen sink HW tap) 190 X X :./� hy�2 � Venting 202 Written description of any violation(s) checked above Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. NOTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the health, safety, and well-being of any person(s)occupying the premises Referral: - 0 Electric 0 Fire 0 Plumbing 0 Building 0 This inspection report is signed and certified under the and pens ties of perjury. /yr pppains Inspector Signature: �.4. 4R i�.��a+� �ti/`�/ZO/L 7�y0C'S Co �^ J� ll Occupant or Occupa s Representative Signature: l Gutters: provided Reinspection Date: 11/1/2012 Time: to be determined Written description of any violation(s) checked above Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. NOTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the health, safety, and well-being of any person(s)occupying the premises Area/Element,Code Citation and Description of Violation Acceptable Remedies Exterior: 410.351: Owners Installation and Maintenance Responsibilities The owner shall install or cause to be installed, in accordance with accepted plumbing, gasfitting and electrical wiring standards, and shall maintain free from leaks, obstructions or other defects, the following: (A) all facilities and equipment which the owner is or may be required to provide including, but not limited to, all sinks, washbasins, bathtubs, showers, toilets, waterheating facilities, gas pipes, heating equipment, water pipes, owner installed stoves and ovens, catch basins, drains, vents and other similar supplied fixtures; the connections to water, sewer and gas lines; the subsurface sewage disposal system, if any; all electrical fixtures, outlets and wiring, smoke detectors and carbon monoxide alarms, and all heating and ventilating equipment and appurtenances thereto; and (B) all owner-installed optional equipment, including but not limited to, refrigerators, dishwashers, clothes washing machines and dryers, garbage grinders, and submetering devices designed to measure the usage of electricity gas or water but not functional Owner to repair or replace, 30 days to correct Gutters: provided Common Areas & Entry: 410.451: Egress Obstructions I No person shall obstruct any exit or passageway. The owner is responsible for maintaining free from obstruction every exit used or intended for use by occupants of more than one dwelling unit or rooming unit. The occupant shall be responsible for maintaining free from obstruction all means of exit leading from his unit and not common to the exit of any other unit. Rear Egress partially blocked by occupants possessions Common Areas& Entry: 410.480: Locks The owner shall provide, install and maintain locks so that. (A) Every dwelling unit shall be capable of being secured against unlawful entry. (B) Every door of a dwelling unit shall be capable of being secured from unlawful entry. Insufficient lock(hook&eye) Common Areas &Entry: 410.552: Screens for Doors The owner shall provide a screen door for all doorways opening directly to the outside from any dwelling unit or rooming unit where the screen door will be permitted to slide to the side or open in an outward direction, provided, that in an owner-occupied unit, the owner need provide screens only for those doorways used for ventilation. All new or replacement screens in screen doors shall be of not less that 16 mesh per square inch. Said screen door. (1) shall be equipped with a self-closing device except where the screen is designed to slide to the side; and (2) shall be tight-fitting as to prevent the entrance of insects and rodents around the perimeter Storm door missing (makes screen porch not functional) Interior Hall: coat closet area: 410.500: Owner's Responsibility to Maintain Structural Elements Every owner shall maintain the foundation, floors.walls, 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, loose 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. Baseboard trim (lower left of coat area) is broken/loose. Bedroom 1: 410.351: Owner's Installation and Maintenance Responsibilities Outlet near closet: doesn't work Occupants to correct within 24 hours/notified during inspection Owner to repair or replace, 30 days to correct Owner to repair or replace, 30 days to correct Owner to repair or replace, 30 days to correct Owner to repair or replace, 30 days to correct Bathroom: 410.500: Owner's Responsibility to Maintain Structural Elements Surround needs caulk Kitchen: 410.500: Owner's Responsibility to Maintain Structural Elements Sink cabinet has penetrations(need sealing) Owner to repair or replace, 30 days to correct Owner to repair or replace, 30 days to correct Kitchen: 410.351: Owner's Installation and Maintenance Responsibilities Outlet near sink not GFI Owner to repair or replace, 30 days to correct Kitchen FloorslWalls: 410.500: Owner's Responsibility to Maintain Structural Elements Loose baseboard opposite fridge Owner to repair or replace, 30 days to correct Kitchen Floor: 410.500: Owner's Responsibility to Maintain Structural Elements Floor from kitchen into bathroom: 3 layers, much wear(not smooth & impervious) Owner to repair or replace, 30 days to correct Living Room: 410.500: Owner's Responsibility to Maintain Structural Elements Fireplace: pan covering flue for non-working fireplace is not secured Living Room: 410.500: Owners Responsibility to Maintain Structural Elements Glass pane in closet door broken Hot water: 410.190: Hot Water The owner shall provide and maintain in good operating condition the facilities capable of heating water. The owner shall also provide the hot water for use at a temperature of not less than 110°F (43° C) and in a quantity and pressure sufficient to satisfy the ordinary use of all plumbing fixtures which normally need hot water for their proper use and function, unless and to the extent the occupant is required to provide fuel for the operation of the facilities under a written letting agreement. The hot water shall not exceed 130°F (54° C). Inspection of the hot water system shall include an examination of the hot water system and its actual performance. If possible, such examination shall occur at the times and under such conditions as the occupant has identified the system to be insufficient. Measured HW at 155 degrees at kitchen HW tap. Owner to repair or replace, 30 days to correct Owner to repair or replace, 30 days to correct Owner to repair or replace, 30 days to correct THE J SE IN ORDER TO GET HOUSING CODERVIOLA IONSOCORRECTEDAL REMEDIES TENANTS MAY I. Rent Withholding(General Laws Chapter 239 Section 8A). f Code Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do 'his without being evicted if A. You can prove that your dwelling unit or common areas contain violations which ' ch 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 for it. (for this it is best to put the rent money aside in a safe place.) 2. Repair and Deduct(General Laws Chapter 111 Section 127L). This law sometimes allows you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health, safety or well-being and your landlord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin necessary repairs (or enter into a written contract to have them made) within five days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in any year to make the repairs. 3. Retaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239 Section 2A). The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint he or she will have to show a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages if he or she tries this. 4. Rent Receivership (General Laws Chapter 111 Sections 127C-H). The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months' rent. 5. Search 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 net meet minimum standards of habitability. 6. 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, BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: Western Mass Legal Services Tel: 413-781-7814 One Monarch Place,Suite 400 ( Springfield, MA 01144 /WI +(�rr� 657e4.a0EG 33L t3 r CJa,+ a4rn.•� rW NM,.Jte z.J, NP p i o26 prom__ CksJea,JT_ 2,Ora;; ■3'h S 3 7,-It - _ A � ,"`at°``3 Inspection Form o Health,212 Main St Northampton, MA 01060,413-567-1214 Human 14 ,TnA4' N rthampton Board of Hea I0R SSC 105 CMR410.000: Chapter II, Minimum Standards of Fitness for Hu Habitation Date: `titi/iz Time: tl'.ij #Occupants?#Children<6Yea City/Town: Northampton Address: 1 a : E y3 le--i Unit# i— Phone#(QD\ y 2v otn. Occupant Name: f:'2r�? -ts—y "1 ' Owner Name: Li"rune# y/3 431 CYO 45-5 Owner Address: City(Town: Zip Code: #Stories: #Dwelling�ooming Units in Dwelling: 3 Unit: ( u #Sleeping Rooms: Wirt. i #Habitable Rooms: / Inspector: �,, rfw-- Title: -tL,LC'rw (r43 cTV-r-- , 2 Floor Level of Area or Type of Violation Element Use blank boxes for ones not listed Possible Code Section(s) ✓if Responsible Party Violation Observed Owner Occupa nt Exterior, Yard & Porch Common Areas& Entry Interior Halls &Stairs Locks Posting, ID, Exit signs/emergency lights Handrails, steps, doors windows, roof Rubbish—storage and collection Maintenance of Area i.o-t1 t5 c r'/ 'M rh'rbb Light, windows Arc 480 481.483,484 500,501, 503 600..601 602 f� m 50.451,452 Bedroom 1 ` 503 Hallwa ❑gs, stairs /- wti� 1si pc LA Light w d ow nietyOr b TC � 503.254. 501 1.404 LTss !3effaA ),�Q Location (circle): goof Rear Middle Left Middle Right U of Unit Omer nJE+r after- / ovrrtr 280 tar-- Bedroom 2 Ventilation Ceiling height Windows, screen Wall ct,05Et'661_,ri(o Location(circle): Front Rear Middle of Unit Ventilation Ceiling height Floor Level 401,402 501,551 500 Left Middle Right Floor Level 280 401,402 Windows, screen 501.5 Bathroom Toilet, sin sho Smooth, impervious Lights, outlets, ventilations ROO: 51112-M D P- .)ar 477-narfir2 (AnTfS *ZVIA5111-17 ooiot z# ) tub, door-Sd.fROC>�L-mss At CI surfaces 150 WAS Sc 251,280 1 Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) iif Violation Observed Responsible Party Owner Occupa nt Floors/walls Sink,;CSC', oven; good repair, in)pervious a smoot , space refriq Orax<s a- Kitchen Kitchen, cont. Wing room and Dining Room Basement Water Hot Water Heating Electrical M Lights outlets, ventilation, windows screens r•n l`C< » e<etPh-^GRbc sip- Ceilin• hei•ht Floor r QiA'rµeu 1st.--- FloorsNealls Lights, outlets, ventilation Ceiling height Windows/screens Ceilin• condition etelh.lE Qat.T- - 62065 ( Maintenance Watertight Lighting 504 uJia e.?4- s%pretc YIECr9. 1JCr sn't 'l Iteg C.Ma - T4-ix- an/ 100 251.28 0,501. 551 401,402 4'Y, 500 / 250,280 401,402 501, 551 -_. • ,_@ • Source(circle): Public Private Must be potable Quantity, pressure Responsible for paying MGL ch 186 s 22, metering Drainage, Plumbing Smoke &CO Detectors Pests 500 500 253 180 180 354 Fuel Type(circle): Natural Gas Oil Electric Other taken: Kitchen / Quantity, pressure, 110 F min, 130 max Venting (6 K'roe./The 190 202 Type(circle): Forced Hot Water Forced Hot Air Steam Electric No portable units "Habitable room and every room with toilet, shower, tub" • 68F7 am to 11 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 Type(circle): 110 220 Amp: Jr .255.256, Amperage, temporary wiring, metering 250 L 354 201 Temp.: 56 °f Location .10 202,354,355 Type(circle): Public Private Sanitary drainage required and maintained Required &operational Emergency lights Free of pests (rodents, skunks, cockroaches, insects) 300.351 482 550 1 Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) Vif Violation Observed Responsible Party Owner Occupa nt Structural maintenance and elimination of harborage sbestos or sad Paint urtailment ccess 550 353, 502 620 810 ether 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: Occupant or Occupant's Representative Signature: Reinspection Date: Time: Notes: Inspection Form 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 Re: 9/2712012 Time: 11:15 #Occupants: 2 #Children Rµpea Northampton ddress:133 South Street Unit St 2 phone#City/Town: ccupant Name: Erin Kelly wner Name: Amy&Greg Ostrander Phone# 413.634.5459 owner Address: 332 West Cummington Road CitylTown: Cummington,MA Floor ode:01026 1st Sleeping) Rooming Units in Stories: 2 in Dwelling: 3 #Habitable Rooms: 4 Sleeping Rooms: 2 Title: Health Inspector tspector: Edmund Smith If violations are observed and checked,describe them fully on Page 3. Area or Element Exterior, Yard & Porch Type of Violation Use blank boxes for ones not listed Possible Code Section s 480 • 481,501.503 Postin•, ID, Exit si•nslemer•enc li•hts soo,sot.503 Common Areas& Entry 600,601 ✓if Violation Observed Responsible Party Owner Occupa nt ' • • - 253,254,501 -I Egress—Rear Egress partially blocked by ' ' occu'ants •ossesSlOns 503 Door insufficient lock(hook&eye);storm door 501 XX missin• Interior Halls &Stairs Bedroom 1 NorthEast Light,ght windows: door glass pane broken by occu ant Baseboard trim(lower left of coat area): broken/loose Location (circle : Front Rear Middle 253,254.501 Left Middle Ri•ht Floor Level o Unit: 401,402 501,551 Bedroom 2 Wall, outlet near closet: doesn't work; ceiling of closet: •enetrations to wall cavi Location (circle): Front Rear Middle of Unit 500,350, 351 550A Left Middle Right Floor Level 401,402 501,551 Bathroom 251 280 Kitchen Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section s /if Violation Observed Responsible Party Owner Occupa nt Kitchen, cont. smooth, space ref rig: sink cabinet has penetrations not sealed Lights, outlets,ventilation,windows, screens: outlet near sink not GFI -iving room and Dining Room a11IT7•'n• Floors/Walls: under counter opp. Fridge: loose baseboard;floor into bathroom: 3 layers, much wear(not smooth & impervious Windows/screens Fireplace: pan covering non-working fireplace is not secured 251.280,501.. 401.402 500 XX XX 250. 280 401 402 501. 551 Basement Water Source circle : Public Private Quantit , •ressure Hot Water Fuel Type(circle): Natural Gas Oil Electric Other Temp.: f Location taken: Kitchen Q 190 X Quantity, pressure, F min, 130 max 155 -� de•rees at t kitchen sink sink HW ta•) 202 Heating T •e circle): Forced Hot Water Forced Hot Air Stoeoam Electric ,• a. "Habitable room and every room with toilet, shower, tub" • 68F7 am to 11 pm,64F 11:01 pm to 6159 am, except 6/15-9/15 • 78 F max in heating season/measure 5 fee feet floor all,5 Electrical 250.255,256. Drainage, Plumbing 300,351 Smoke Si CO Detectors Structural maintenance and elimination of harbora•e 53.502 Asbestos or Lead Paint trea or Element Type of Violation Use blank boxes for ones not listed rtailment cess her I0 Electric 0 Fire ❑ Plumbing 0 Building 0 This inspection report is signed certified i cert under the pains and penalties of perjury. pector Signature: cupant or Occupant's Representative Signature: inspection Date: Time: Written description of any violation(s)checked above Include include remedies es that would be an acceptable means of achieve ng compliance swith 105 CMRt410.00- may NOTE: *indicates that well-being of housing n inspection cion)has revealede onditons which may endanger or materially impair the s Area/Element, Code Citation and Description of Violation Acceptable Remedies BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITOH,M.D. JOANNE LEVIN,M.D. STAFF Merridith O'Leary,RS Director of Public Health In'der Brown,R.N.,Public Health Nurse Daniel Wasluk,Health Inspector Edmund Smith,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 FILE COPY ORD R TO CORRECT HUMAN VIOLATIONS HABITATION"OF ON" AT 13R SO SOUTH THE STAT ETE SANITARY CODE "MINIMUM This is an important legal document. It may affect your rights You may obtain a translation of this form at: 212 Main St, Northampton Ma Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: 212 Main St, Northampton Ma Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main St, Northampton Ma Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Main St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccibn de esta forma en: 212 Main St, Northampton Ma To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212 Main St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 212 Main 0 Street Northampton, MA Tel#: (413) 587-1214 BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Merrldith O'Leary,RS Director of Public Health miler Brown,R.N.,Public Health Nurse Daniel Wasiuk,Health Inspector Edmund Smith,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 Date: 10/3/12 By authority of Chapter Il of the State Sanitary Code.as adopted under Chapter 11 I. Section 3 and 127A and 127B of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of the dwelling named in the attached report, and found it to be in violation of the Minimum Standard of Fitness for Human Habitation. A list of the violations is enclosed.contract in writing You are hereby at ordered thiletter),to t be armed to make a good faithreffort to party within five (5)days, days (of the date on this letter), as of the date of this letter, all violations recorded on the report. You are further ordered to correct any violations followed by an asterix (*) within twenty-four hours of receipt of this notice. These are violations or conditions,which endanger the health, or safety and well-being of the occupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the occupant to exercise one or more statutory remedies available determine to them as outlined in the enclosed inspection form. A reinspection will be conducted, as indicated, You are entitled to a hearing,provided a written petition is received within seven (7) days. You are also entitled to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports, orders and notices. Any adverse parties also have the right to appear at the hearing. Every occupant shall give the owner, agent or employees, access, upon reasonable notice, for the purpose of correcting these violations. (CMR.810) Failure to comply with this order may result in a fine of not less than ten,nor more than five hundred dollars; each day constituting a separate violation. It is your responsibility to provide proper workmanship and to obtain the appropriate private permits where necessary. Your immediate attention will be appreciated. If you have any questions,please contact this office. Sincerely. Daniel Wasiuk I lealth Inspector.Northampton Health Department Inspection Form SSC 105 CMR 410.000: Chapter Ii,Minimum Standards for ft Occupants: tl Children<6 Years NIA Unit# Phone p Northampton Board of Health, 212 Main St.,Northampton,dof Fitness 01060,Human Habitation ate: 1012112 Time: 11:15 am ,ddress: 133 South Street )ccupant Name: )caner Name: Gregg D.and Amy L.Ostrander )caner Address:338 West Cummington Road t Dwelling/ Rooming Units in Dwelling: t Sleeping Rooms: inspector: Daniel Wasiuk Area or Element City/Town: Northampton Phones CItyROwn : 2 •Stories: 2 N Habitable Rooms: Title: Health Inspector Zip __-----CodeCode: Floor Level of Unit: Pa e 3 If violations are observed and checked,describe them fully on g ✓if Violation Observed Type of Violation Use blank boxes for ones not listed possible Code Section s Responsible Party I Occupa nt Exterior, Yard & Porch Postin•. ID, Exit ns/emenenc li•hts Common Areas & Entry Interior Halls I 8 Stairs Bedroom 1 Rubbish—stora•e and collection Maintenance of Area 481.483,484 500.501.503 600.601 253 254. 501 Li•h .,.,•�F t windows ,= 503 501 Door . 03 Hall wa s, railin•$, stairs 253.254.501 Light, windows Bedroom 2 Bathroom Location(circle): Front Rear Middle Level of Unit Ma ntenance of Area Free from Garbage and Rubbish Ceilin hei ht Windows, screen Location (circle): Front Rear Middle of Unit Ventilation Ceilin Left Middle Right 602 401.402 501.551 500 Left Middle Right 80 401 402 501 551 1st Floor Floor Level Windows, screen Toilet, sink, shower,tub, door Smooth, im•ervious surfaces Li•hts, outlets, ventilations Kitchen Kitchen, Sink, stove, oven; good repair, impervious and smooth, s•ace refri• Lights, outlets,ventilation, windows, screens 251.280. 501 551 Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section s /if Violation Observed Responsible Party Occupa nt I cord. .iving room and Dining Room 250.280 401 402 501 551 iszn\Nindo Basement Maintenance �II Waterti•ht Water Source circle : Public Private Must Quan be •o table ti . •ressure Hot Water Fuel Type(circle): Natural Gas Oil Electric Other Kitchen Quantit , •ressure, 110 F min, 130 max Ventin• Heating INO w "Habitable room and every room with toilet, shower, tub" • 68F 7 am to 11 pm,64 F 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 Temp.:f Location taken: ircle : Forced Hot Water Forced Hot Air S2ecam Electric rtable units Electrical Drainage, Plumbing 20 T •e circle : 110 220 Am•: Amperage, temporary wiring, metering T •e circle : Public Private 250,255. 256. Smoke&CO Re Detectors [�jl Pests r uired &o rational Structural maintenance and elimination of harbora•e 353,502 Asbestos or Lead Paint Curtailment Access Other 620 010 2eferral: 0 Electric 0 Fire 0 Plumbing 0 Building 0 This inspection report is signed Ind certified under the pains and penalties�ofperjury. nspector Signature: 3ccupant or Occupant's Representative Signature: Reinspection Date: 10/10112 Time: 11:30 am Written description of any violation(s)checked above Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. NOTE. *indicates that this housing inspection has revealed conditions which may endanger or materially impair the health, safety, and well-being of any person(s)occupying the premises Area/Element, Code Citation and Description of Violation Front yard (near tree belt/sidewalk/road). Maintenance of Areas Free From Garbage and Rubbish, 410.602. Accumulated rubbish found on front yard area (rubbish includes shelving, boxes, paper waste, etc.) Acceptable Remedies All rubbish is to be removed from front yard of dwelling with three(3) days of notice. Reinspection will be conducted on 10/10/12 to ascertain compliance with regulations. IE 3E IN ORDER FOLLOWING IS A BRIEF S MODE VIOLATIONSOME OF THE L GAL REMEDIES TENANTS MAY Rent Withholding (General Laws Chapter 239 Section 8A). Code Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do is without being evicted if . You can prove that your dwelling unit or common areas contain violations which are serious enough to (danger or materially impair your health or safety and that your landlord knew about the violations before you 1. You u behind ot your tht. for it. (for this it is best V. You did not cause to the y violations and of the rent into court f a judge orders you to pay the bu f r building. ,. You are prepared to pay any o put the rent money aside in a safe place.) !. Repair and Deduct(General Laws Chapter I1 I Section 127L). [his law sometimes allows you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health, safety or well-being and your landlord has received written notice of the violations, you may be able to use this them five edays after fails to repairs withins14 enter no cetyou contract an use up toe four months'rent in 3. Retaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239 any year to make the repairs. The owner may not increase your rent or evict you in retaliation for making a complaint to your local code Section 2A). enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint he or she will have to show a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damag es if he or she tries this. 4. Rent Receivership (General Laws Chapter I 11 Sections 127C-H). The occupants and/or the board of health may petition the then appoint Di a "receiver"or Superior may spend alto as much of paid into District or Court to allow rent to be paid into money rather is than to the owner.rest The court may money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months' You may be entitled to sue your landlord to have all or some of your rent returned if your dwelrent. 5. Search of Warranty of Habitability. dwelling unit does net meet minimum standards of habitability. 6. 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 THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU you may sue an owner. DECIDE OU ONSULT WITHHOLD AN ATTORNEY. FYOU SHOULD CONTACT THE ACTION. NEAREST LEGAL ADVISABLE SERVICES OFFICE WHICH IS: Western Mass Legal Services Tel: 4181-A 01144 One Monarch Place,Suite 400 Sp g 317 CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS: Donna Salloom, Chair-Joanne Levin, MD-Suzanne Smith, MD STAFF. Merridith O'Leary, RS,Director-Daniel Wasiuk Inspector-Edmund Smith, Inspector-Jennifer Brown,RN,Nurse aer 16,2012 g&Amy Ostrander West Cummington Road mington,MA 01026 r Property Owner/Manager: fora violation notice sent to yo ase consider this a letter of compliance u by the Northampton Health )artment dated 10/3/12 for property located at 133 South Street fining the property in accordance rthampton,MA. I, onsible for mainta to ensure it continues to be cleaned, u are the owner/manager of record and are they e p You are mandated to do the same. th state and local lnot epr sent office any public and saf property will aintained and does not represent any p lank you for your cooperation. incerely, )aniel Wasiuk lealth Inspector 21 Ph (413)Street Fax(413)587-1221 CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS: Donna Salloom, Chair—Joanne Levin, MD—Suzanne Smith, MD STAFF: Merridith O'Leary, R.S.Director Daniel Wasiuk Inspector—Edmund Smith,Inspector—Jennifer Brown, RN Nurse wember 7, 2012 .egg&Amy Ostrander 38 West Cummington Road tmmington,MA 01026 ear Property Owner/Manager: lease consder this a letter of for property located at 133 South Street Unit#3 you Northampton Health ,Northa piton,MA 'oil are the owner/manager of record and are therefore responsible for maintaining the property in accordance vith state and local law. This office will continue to monitor the property to ensure it continues to be cleaned, maintained and does not represent any public health and safety threat. You are mandated to do the same. thank you for your cooperation. Sincerely, Edmund Smith Health Inspector / H °g""-''c_ 8:.if{i au M NZ-mL 212 Main Street,Northampton,MA 01060 Ph (413)[587-12148 Fax P(413)587-1221