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22 Bridge Street #1R Housing Inspection June 2018 w�t CIT'Y OF SALEM, MASSACHUSETTS 10 BOARD OF HEALTH 120 WASHINGTON STREET,411'FLOOR PublicHealth Prevent.Promote.Protect. TF.L. (978) 741-1800 FAX (978) 745-0343 KIMBERLEY DRISCOLL Iramdin a salem.com L:ARl2Y 2aD7I)[N,RS/REI IS,CEIO,CP-.IDS MAYOR HIILTI I AGENT June 12, 2018 Sean Dwyer 19 Little Meadow Way North Reading, MA 01864 VIA CERTIFIED MAIL: 7017 1450 0001 5936 3732 Dear Sir/Madam: In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00;State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.00:State Sanitary;Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property�22 Bridge Street#1R permitted by occupant Nicole Murphy,conducted by Elizabeth Gagakis, Senior Sanitarian on June 6, 2018 @ 9:30 a:m. Notice: if this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to notify tenants of lead related reports and tests,and to ensure that this unit complies fully with 105 CMR 460:000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection,contact the Salem Board of Health at 978-741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report and to take all positive action to prevent these violations from occurring again in the future. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Trial Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection in investigation reports, orders and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health Rep] f; Larry Ramdin I . t? kn Health Agent Se for Sanitari cc: Tenant R CIT'Y OF SALEM, NI1-kSSACHtTSETTS Bakm of;I-IE.kLTH 120 WASHINGTON STREET 4T`t FLOOR NblicHealth Prevent.Promote.Protect. TEL. (978)741-1800 Fix (978) 745-0343 KIMBERLEY DRISCOLL Iramdin@salem.com MAYOR L.1iZR1'R.�li'��IN,RS/RFd-iS,CH 'S O,CP-I Hr,'- rT3 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Nicole Murphy Owner: Sean Dwyer Phone number: 857 201-1517 Address: 22 Bridge Street#1 R Address: 19 Little Meadow Way Salem, MA 01970 North Reading, MA 01864 Inspection Date: June 6, 2018 Time: 9:30am Conducted by: Elizabeth Gagakis Accompanied By: Tenant Specified Time Rea_. #410. Violations) Based upon a tenant complaint a permitted inspection was conducted in accordance with Article II of the State Sanitary Code, 105 CMR 410.000. Upon inspection, the following were noted: 7 days .500 1. Left front living room window has gaps at the bottom of the window when closed. ` Repair so window sash can close flush with the sill without gaps so that window is in good condition. Owner to correct this violation within 7 days. 7 days .553 2. One living room window'is missing a screen. Screens must be installed between April 1 and October 30, both inclusive, every year; provide a screen for this window. Owner to correct this violation within 7 days. 7 days .551 3. Front bedroom has one window screen with a hole in it. Repair so screen is intact and in good condition. Owner to correct this violation within 7 days. 7 days .553 4. Front bedroom has one window missing a screen. Screens must be installed between April 1 and October 30, both inclusive, every year; provide a screen for this window. Owner to correct this violation within 7 days. 7 days .500 5. The top sash in the side window in the front bedroom falls when the window is unlocked. Repair window so sash stays up as intended and window is in good working condition. Owner to correct this violation within 7 days. 7 days .351 6. Basin of the bathroom sink has fallen into the vanity. Repair so sink is properly installed and in good condition for use. Owner to correct this violation within 7 days. 7 days .351 7. Light in ceiling over shower is hanging from the ceiling. Repair light so it is properly installed in ceiling and in good working condition. Owner to correct this violation within 7 days. 7 days .351 8. The caulk in the tub is mildewed and damaged in several areas. Remove damaged areas and re-caulk the tub. Owner to correct this violation within 7 days. 7 days .553 9. Master bedroom has one window missing a screen. Screens must be installed between April 1 and October 30, both inclusive, every year; provide a screen for this window. Owner to correct this violation within 7 days. 7 days 551 10. Back bedroom has one window screen with a hole in it. Repair so screen is intact and in good condition. Owner to correct this violation within 7 days. 7 days .500 11. Both kitchen windows do not close properly and have gaps at the bottom when shut. Repair so both bottom window sashes can close flush with the sill without gaps so that windows are in good condition. Owner to correct this violation within 7 days. 7 days .500 12. There is what appears to be an uncapped former dryer vent in the kitchen wall beneath the windows to the left. Cap or cover so the vent is sealed and excludes the weather. Owner to correct this violation within 7 days. 3 days .351 13. Tenant had a complaint of a pipe leaking in the basement. At the time of the inspection, an odor was observed in the basement and beneath a pipe in the basement was an accumulation of what appeared to be some kind of food debris, indicating possibly a waste pipe from a sink or disposal had been leaking. Owner to hire services of a licensed plumber to inspect and repair any pipes in the basement that are leaking so the leak does not reoccur. Basement floor must be cleaned up and odors eliminated. Please forward work orders or invoices for service to the Board of Health for our records. Owner to correct this violation within 3 days. One or more of the above violations may endanger or materially impair the health, safety and well-being of the occupant(s)Code Enforcement Inspector Este es un document legal importante. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma. i LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING NE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING :ODE VIOLATIONS CORRECTED. Rent Withholding(General Laws Chapter239 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) The law sometimes allow 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 of4he violations, you may be able to use this remedy, If the owner fails to Win necessary repairs (or to 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. Retariiatory Rent Increases or Evictions 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 raised your rent ter 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 the damages if he or she tries this. Rent Receivership(General Laws Chapter 111 Section 127C-H). The occupants andfor the board of health may petition the District or Superior Court to alloy 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 Breach of Warranty of Habitability.. You may be entitled to sue-your landlord to have all or some of your rent returned If your dwelling unit does not meet minimum standards of habitability. Unfair and Deceptive Practices(General Laves 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: tE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO )NSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: North Shore Community Action Programs Inc. Northeast Housing Court 98 Main Street 2 Appleton Street Peabody,MA 01960 Lawrence,MA 01840 (978)531-0767 (978)689-7833