8 WEST AVENUE, #3 - SANITARY VIOLATIONS ORDER LETTER so
CITY OF SALEM, MASSACHUSETTS BOARD OF HEUTH
98 WASHINGTON STREET,3RD FLOOR Pub&Health
SALENI,MA 01970 Prevent.Promote.Protect.
TEL. (978)741-1800
KIMBERLEY DRISCOLL health c salem.com DAVID GREENI3 um,RS
MAYOR HEALTI-I AGENT
November 26, 2019
John Tkaczuk
8 West Avenue
Salem,MA 01970
Dear Sir/Madam:
In accordance with Chapter III,Sections 127A and 127E 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 8 West Avenue#3 conducted by Elizabeth Gagakis, Senior Sanitarian on
November 20,2019 at 9:00am.
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be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by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 nclosed inspection report form.
For a Bo d f Health Reply to:
a id Gr nbAm Elizabeth Gagakis
Health Agent Senior Sanitarian
cc: tenant
Certified mail—7018 3090 0001 5818 2421
IV
CITY OF SALE,M, MASSACHUSETTS
BOARD OFHEUTH
98 WASHINGTON STREET,311 FLOOR PubliCHealth
SALEM,MA 01970 Prevent.Promote.Protect.
TEL. (978) 741-1800
KIMBERLEY DRISCOLL health ct)salem.com DAVID GREENS wM,RS
MAYOR HEALTH AGENT
State Sanitary Code, Chapter II : 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Mary Gasinowski Owner: John Tkaczuk
Phone number: 603 824-2304 Address: 8 West Avenue
Address: 8 West Avenue#3 Salem, MA 01970
Salem, MA 01970
Inspection Date: November 20, 2019 Time: 9:00am
Conducted by: Elizabeth Gagakis Accompanied By: Occupant
Specified Time Reg. #410. Violation(s)
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:
24-48 hours .482 1. Smoke detectors were missing or missing batteries in the back hallway on second
and third floors, and there were none in the front hallway on any floor. Smoke
detectors must be installed and in working conditions on all levels in the hallways in
accordance with applicable codes; Fire Prevention office has been notified of
violations. Owner to correct this violation within 24-48 hours.
24-48 hours .482 2. There are no working smoke or carbon monoxide detectors in the unit. Owner must
provide working smoke and CO detectors for the unit as required by applicable
codes; working CO detectors must be placed within ten feet of every sleeping area.
Owner to correct this violation within 24-48 hours.
7 days .551 3. Screen in left window in the living room area is ripped. Repair screen so it is intact
and in good condition. Owner to correct this violation within 7 days.
7 days .500 4. Same window as above falls when opened and the bottom sash falls out. Repair
window so it is in good working condition and able to be opened and closed
properly and safely. Owner to correct this violation within 7 days.
7 days .351 5. Electrical outlet between living room windows is missing a face plate. Provide a
face plate for outlet so it is intact and in safe condition. Owner to correct this
violation within 7 days.
24-48 hours .550 6. Mouse droppings were observed on the floor in the corner of the living room and in
the kitchen closet. Owner to hire the services of a licensed exterminator to inspect
and treat the unit for mice; treatments must continue until the mouse problem is
abated. Please forward copies of invoices for service to the Board of Health for our
records. Owner to correct this violation within 24-48 hours.
7 days .351 7. The caulk and wall around the edge of the tub/shower is rotted and damaged.
Remove/repair rotted areas and repair so walls/caulk at tub are intact and in good
condition. Owner to correct this violation within 7 days.
7 days .200 8. There is no heating facility in the bathroom. Every room containing a toilet, shower,
or bathtub must have working heating facilities;.install heating facilities in the
bathroom. Owner to correct this violation within 7 days.
7 days .551 9. Kitchen window has a ripped screen. Repair screen so it is intact and in good
condition. Owner to correct this violation within 7 days.
7 days .500 10. Kitchen falls when opened. Repair window so it is in good working condition and
able to be opened and closed properly and safely. Owner to correct this violation
within 7 days.
7 days .351 11. Burners on the stove do not light by themselves when turned on. Repair stove so
the burners all work properly. Owner to correct this violation within 7 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.
LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING
iE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING
DDE VIOLATIONS CORRECTED.
Rent Withholding(General Laws Chapter 239 Section$A)
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 viotations which endanger or materially Impair your health,safety or well-being and
your landford.has received written notice. of the violations, you may be able to use this remedy. If the owner fails to
begin 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.
Retaliatory 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 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 the damages If he or she tries this.
lent Receivership(Genera(Laws Chapter 111 Section 127C-H).
The occupants andfor 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.
3reach of Warranty of Habitability.
You may be entitled to sue-your landlord to have all or some of your rent retumed If your dwelling unit does not
meet minimum standards of habitability.
)nfak 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:
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
ISULT 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