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73 School st #1 complaint 5-20-24 a' CITY OF SALEM, MASSACHUSETTS lu BOARD OF HEALTH 98 WASHINGTON STREET,3'D FLOOR PPublicHealth SALEM,MA 01970 TEL. (978)741-1800 DOMINICKPANGALLO health ci_salem.com DAVID GREENBAUM,RS,CHO MAYOR HEALTH AGENT May 20, 2024 John Purdy 61 Dennison Ave Swampscott, MA 01970 VIA Certified mail—9589 0710 5270 0283 0519 25 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 73 School Street#1 by Elizabeth Gagakis, Senior Sanitarian on May 8, 2024 at 2:30pm. 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, please 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an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.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 and 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. F4avidr of Health Reply to: a�J Elizabeth Gagakis Health Agent Senior Sanitarian cc: tenant �+ ' h CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH a 98 WASHINGTON STREET,3"n FLOOR PublicHedth Prevent.Promote.Protect. SALEM,MA 01970 TEL. (978) 741-1800 DOMINICK PANGALLO healthiu salem.com _ DAVID GREENBAUM,RS,CHO MAYOR HEALTH AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Lisa Correa Owner:John Purdy Phone number:978 881-8824 Address: 61 Dennnison Ave Address: 73 School Street#1 Swampscott, MA 01907 Salem, MA 01970 Inspection Date: May 8,2024 Time:2:30pm Conducted by: Elizabeth Gagakis Accompanied By: Occupant Specified Time Re .#410. Violations l Based upon a tenant complaint, an 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 .550 1. Tenant had complaints of mice activity.At the time of inspection, several droppings were noted in daughter's bedroom closet and several in the kitchen pantry.Owner to hire services of licensed exterminator to inspect and treat this unit,all others and interior and exterior common areas for mice: inspections and treatments must continue until problem is abated. Please forward invoices for service to the Board of health for our records; please also notify the Board of Health if occupants of other units do not allow access for extermination. Owner to correct this violation within 7 days. 7 days .500 2. There is a large gap into the ceiling around the pipe in daughter's bedroom closet. Seal this gap to aid in prevention of mice from entering. Owner to correct this violation within 7 days. 14 days .500 3. The bathroom has mold/mildew built up on the walls/ceiling,as has been noted in previous inspections. Investigate for leaks from above/laterally and conduct any necessary repairs: any necessary sections of walls or ceilings must be opened up to dry and ensure moisture is remediated and no longer building up.Walls and ceilings must be scraped/repainted or replaced in sections if necessary to ensure everything is dry and in good repair to prevent this problem from reoccurring. Please forward any invoices for work relevant to this to the Board of Health for our records. Owner to correct this violation within 14 days. Note:This is a final inspection based upon all inspection and re-inspection reports from 2022 to the present.Once the above violations are corrected these reports will be closed out and any future issues will be treated as new,separate complaints. 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. t 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 W"i olding(General Laws Chapter 239 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 dweifrng 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 five 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 1270 The law sometimes allow you tQ,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 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 Incises or Evictions Profu'6ited(General Laws Chapter 186.Section 18 acid 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. 9 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. Rent Receivership(General Laws Chapter 1 i 1 Section 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 WhItation 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 nunimum standards of habitability. 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.' 4E INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT . I 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 COMPLETE •N COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. natu ■ Print your name and address on the reverse X O Agent so that we can return the card to you. ❑Addresse ■ Attach this card to the back of the mailpiece, B. R C. Pate of Deliver or on the front if space permits. 1. Article Addressed to: D. Is delivery address different fro Item 17 ❑Yes J If YES,enter delivery address below: C3 No Av� ll I Illlll I'll III I II ll l I I ll I I l I ll I I ll II I IIII III 3. Service Type ❑Prbrtty Mall Express® ❑Adult Signature 0 Regteteued Mail- 0 Adult Signature Restricted Delivery 0 Mal Restrich 0 certified Mall® De$very 9590 9402 8704 3310 6987 00 ❑Certified Mall Restricted Delivery 0 S+gnatune confirmation" ❑Collect on Delivery ❑signature Confirmation 2. Artic', in n ❑CoUscl on Dail—,v Restricted Dolly ry Restricted DolNery 9589 0710 5270 0283 0519 25 dtadDo.,r PS Form 3811,July 2020_PSN 7530-02-000-9053 _ Dornestic Return Receipt uses O20 i First-Class Mail Postage&Fees Paid IN" L USPS Permit No.G-10 9590 9402 $70 3310 6987 00 Unit;4��6 •Sender: Please print your name,address,and ZIP+4®in this box* PostV D CITY OF SALEM MAY 3 0 20 4 `i BOARD OF HEALTH 98 WASHINGTON ST,3RD FL CITY OF SALE A SALEM,MA 01970 BOARD OF HEA TH