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38D-046 (6) HOARD OF HEALTH t,� its MEMBERS OFFICE OF THE ,p -e3 �. BOARD O , ` ' t ROSEMARIE KARPARIS,R.N.,MPH,CHAIR XANTHI SCRIMGEAUR ste if JAY FLEITMAN,M.D. N ia. STAFF HEALTH Ernest J.Mathieu,R.S.,M.S..C.H.O. 212 MAIN STREET Director of Public Health NORTHAMPTON,MA 01060 Richard Meczyror,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse CITY OF NORTHAMPTON FAX(413)587-1221 MASSACHUSETTS 01060 3 ORDER TO CORRECT VIOLATIONS OF CHAPTER 2 OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION"AND/OR CHAPTER 111, ABATEMENT OF NUISANCES, SECTIONS 122 - 127, OF THE MASSACHUSETTS GENERAL LAWS AT: October 3, 2007 William Tenanes 340 Pleasant Street Holyoke,MA 01040 RE: Complaint—Chapter 2 Violations-18 Harlow Avenue 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 quo podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo o un documento legate importante. Potrebbe avere effectto sui suoi diritti. Lei pito ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ltd. Puede adquirir tma tradccidn de esta forma en: To jest wazne legalny Tegument. To maze miec wplyw na twoje uprawnienia. Mozesz uzy kac thi a+czenie teo dokumentu w ofisie: PAGE 2 Dear Mr. Tenanes: A representative from the Northampton Board of Health conducted an Inspection on October 4, 2007, at the premises located at 18 Harlow Avenue, 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 1 t 1, 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 HABITATION, AND/OR CHAPTER 111, SECTION 122-127, ABATEMENT OF NUISANCES, OF THE MASSACHUSETTS GENERAL LAWS : EXTERIOR/ENTRANCE TO BUILDING .481 The 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. (Correct by October 15,2007.1 LIVING ROOM/GAME ROOM .480 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 October 15, 2007.) BEDROOM (MAIN FLOOR-REAR) ,500 Electrical outlet fixture is not properly secured to or in socket. ORDER: Secure electrical outlet fixture properly to or in socket. (Correct by October 15, 2007.1 BASEMENT/CELLAR(BEDROOMS (TOTAL OF 3) .250 Upon inspection there was a total of three rooms observed in the basement, each having a bed, therefore constituting each room being used a bedroom. There was not transparent or translucent glass in each room observed that admitted light from the outdoors and which was equal in area to no less than 8%of the entire floor area of the three rooms. ORDER: These three rooms or any other room in the basement are prohibited to be used as habitable bedrooms for the purpose of sleeping or residing in by any persons. Therefore, this Board of Health orders the property owner to not allow these rooms to be occupied as bedrooms or to rent them for use as a bedroom IMMEDIATELY UPON RECIEPT OF THIS LETTER OR BY October 8.2007 ,WHICHEVER SERVES AS FIRST NOTICE TO THE OWNER. PAGE 3 IMPORTANT NOTE: BELOW IS THE SECTION OF THE STATE CODE FOR HABITABLE ROOMS: 410.250: Habitable Rooms Other than Kitchen -Natural Light and Electrical Outlets The owner shall provide for each habitable room other than a kitchen: (A) transparent or translucent glass which admits light from the outdoors and which is equal in area to no less than 8%of the entire floor area of that room. (B) two separate wall-type convenience outlets, or one such outlet and one electric light fixture. The outlets shall be placed in practical locations and shall in so far as practicable, be on different walls and at least ten feet apart. (See 105 CMR 410.351.) IMPORTANT NOTE: THE OWNER OF THE DWELLING SHALL GIVE THE TENANT SUFFCIENT NOTICE PRIOR TO MAKING REPAIRS AND THE TENAT MUST ALLOW ENTRY IF NOTICE IS SUFFIENT. (See Section Below from the Code) 410.810: 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. Under authority of ARTICLE II, 105 CMR 410.000,MINIMUM STANDARDS FOR HUMAN HABITATION AND M.G.L.,CHAPTER 111,SECTIONS 122 TO 127,ABATEMENT OF NUISANCES you are hereby ordered CORRECT THE FOLLOWING VIOLATION(S)AS INDICATED IN THE ORDER AND NOTIFY THIS OFFICE AT 587-1213 WHEN ALL VIOLATIOS ARE CORRECTED. IMPORTANT NOTE: PLEASE NOTIFY THIS OFFICE AT 587-1213 WHEN ALL OF THE VIOLATIONS ARE CORRECTED TO ARRANGE FOR A RE-INSPECTION. IF ALL OF THE VIOLATIONS ARE NOT FOUND TO BE CORRECTED AT THE TIME OF THE RE-INSPECTION AND ANOTHER RE-INSPECTION IS REOIRED,THERE WILL BE A$75.00 RE-INSPECTION FEE FOR EACH RE-INSPECTION REOIRED. Should you be aggrieved by this order, you have the right to request a hearing before the Board of Health. A request must be received in writing to the office of the Board of Health within seven (7) days of receipt of this order. 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, orders, notices and other documentary information relative to this property. If these premises are occupied as rental housing, the occupants are entitled to their statutory rights and remedies. As required in 410.812(B), I am enclosing a copy of these rights and remedies on page 6 in the document entitled, "THE FOLLOWING ISA BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES". PAGE 4 For your information,you can find a copy of the State Sanitary Housing Code, Chapter 2, on our department website at: http://www.mass.goWEeohhs2/docs/dph/regs/105cmr410.pdf Please feel free to contact me at the Board of Health office, at 587-1213, 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 l to' Ernest J. Mathieu, R.S., M.S., C.H.O. Director of Public Health EMAIL: emathieu@northamptonma.gov cc: Building Dept. Police Dept. UNRED STATES POSTAL SERVICE I II II I Firsl-Class mai, Postage&Fees Paid USPS Permit No.0-10 • Sender: Please print your name, address, and ZIP+4 in this bolt • C1TT OE ALAI aTCN DEPT Of BUILDING INSPECTIONS 211 WIN STREET NC(t11ULPT001,W CIO 111, ,„UU,,,,16,11„,,,I6,,,IL,JI„iJIJ ,i,i„6,I,I . " ' ETE 77.115 SECTION ���! a Complete items 1, COMPLETE THIS SECTION O Item..M1 2,and 3 ' + Print if ReStmcted Delivery Also Oo to A. Signet DELIVERY Your name and add tyr9 desOn verse gat so that we address On t so that thiswan Um the Card to the X j , a Attach e f to me back of the ❑Agent _mnt tts �q) a. y! Addressee 1. or on Add front tro,________space 7b (v'lb P�fed Name)t' C Date Denver, t William 1'e D. saaro `mac._ . %C /l7_I7..A� Danes eYES,�address different from Sem Y! 0 Yes 340 Pleasant St enter delivery address below: 0 No ~ Holyoke MA 01040 3. ServlceTy4g CI Certified 0 Express Mail Registered ❑Rehm Receipt for Merchandise 7: Article Npmba numC Mair QC.OD, 4. Restricted Delivery?(pony Tyre) lrnanslarhon 7004PSFonn3811F ZZ6d 0005 027D --7""`---OYes ebruary 2004 9893 `---- Domestic Return Receipt 102695.02.M0540.