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30 LEACH STREET - BUILDING INSPECTION (2) Super ob 90%Larger Label Area • • • _ [f/] smrEA6 KEEPING YOU ORGANIZED ML 10101 prrF dhV r.rwUSA GETORGANIZEDATN9 M.COM tWoz SENDER: 1 1N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X INPrint your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes 1.9le Addressed to: `x� If YES,enter delivery address below: ❑ No I �h �C-/ \� ,3b view 3. Service Type • � / (� ❑Certified Mail C3 Express;Mall ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2.,Article Number r (1iansrer lmm service label). , . , . Ps Form 3811,February 2004' :Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box City Of Salem Building Depar- p=it 120 Washing+^ Salem, N3A t 1j.70 U.S`.Postal Service CERTIFIED;MAIL,., RECEIPT. , . Domestic Mail Only,Na Insurance Covera, ` ( y; rage Provided) For delivery information visit our website at www.usps.comu l';: r rq Postage C3 Refturi Recelpt Fee C3 (Endousemerd Required) 1 PS Form 3800 F, 4006 9 usl See Reverse for lnsiruclims. Certified Mail Provides: ■ Amailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail,or Priority Maile. ■ Certified Mail is notavailable for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt maybe requested toprovide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpieceReturn Receipt Requested'.To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agant.Advise the clerk or mark the mallpiece with me endorsement'ResMcted Oefi very°. • If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,August 2008(Reverse)PSN 7530-02-000-9047 2oZCIs2'111 6sAd;LM-y-tv�2 OTD?- CITY TY OF SALEM, MASSACHUSETTS BUILDING INSPECTOR 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 I I I � j 52'10 6510 2000 09L2 O'COz Xiang Fa Xu NAME 30 Leach Street !z- 6�l- otsLoaaoodlzwoadaalivw Salem, Ma. O,U7n 1ST NOTICE _Y 1 �. n ...� N2x2F. ,.. ...O.i.B.. 5[^'. 1 . .... DES,-'12 '�53fii"I AL•90LL1OZ SOD30A. OE Ot S69 zo 3 I UNCLAIMED $ aL ZO LD— RETURN TO SENDFR ME UNASLE TO FORWARD Nyo�3' � ,d oss�oc� s�s I1),,,,,Jli,ll,l,,,III,,,,,Il„bl,J„I,LIJ,I„I,b,L,61 F M i t A i i l 1 j CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR \ TEL. (978) 745-9595 FAY(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER November 30, 2011 Xiang Fa Xu 30 Leach Street Salem Ma. 01970 Required Inspection Dear Owner, This Department has received complaints alleging an illegal basement apartment ,a third floor unit and various building code violations. Per Mass State Building Code 780 C.M.R. Section R 104.1 an inspection of the entire premises is required. You are directed to contact this office within 5 days of receipt of this letter to arrange for the inspection. Failure to comply will result in Municipal code tickets and further enforcement actions. If you feel you are aggrieved by this order, your appeal is to the Board of Buildings,Regulations and Standards in Boston. Thor-411 t.Pierr��^/� Y�w f, Building Commissioner/Director of Inspectional Services cc.Board of Health, Fire Prevention L:+C:31s�G.!�': (6r^6?{0 ,3., .,• _ ,G [:` , . a c�JflG P e:;b3�F ii Cl?j.II6` £"lits 7l�ait T°i.F'. '? .",c 1:.,t i i ,:.3i.'U�7L ''1:: * IIa' TC R.F'1Y .'UIIy F I -1.-�•;: _ -, r�. 7F . . � .. T. -jr Tlir.^i :;:�°):�L SIL ?In. a QTY OF SALEM PUBLICPROPERTY DEPARTMENT KIMBERLEYDRISGOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHLTSETIS 01970 TEL:978-745-9595♦FAx:978-740-9846 VIOLATION NOTICE 30 Leach Street July 2, 2015 Xiang Fa Xu 30 Leach Street Salem, Massachusetts 01970 RE. 30 Leach Street Dear Owner, It appears from recent inspections that you are operating a Scrap Metal salvage business from the above address. This is a violation of the Salem Zoning Ordinance Section 3-0 which forbids businesses in residential zones. You are hereby ordered to cease this activity immediately and remove any items related to this business immediately. Failure to do so may result in further action including municipal tickets or the filing of complaints in District Court. You are hereby directed to contact this office immediately upon receipt of this letter. Sincerly, / Thomas St. PPierre �?/ Building Commissioner 978 619-5640 cc: File CITY OF SALEM, MASSACHUSETTS �� " ' i� BUILDING DEPARTMENT t s+ j, 120 WASHINGTON STREET,3RD FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER Fa Xu Xiang 30 Leach Street Salem Ma. 01970 Re:30 Leach Street Violation Dear Mr.Xiang, This Department has received and confirmed a complaint regarding a new parking spot being used at your property. The area in question is at the front steps and in fact impedes the exit path of the building.This is a Building Code violation per Mass State Building Code 780 CMR section 10(exits). Additionally,parking in the front yard setback in all residential districts is prohibited by Salem Zoning. You are directed to stop using this area for parking immediately. If you feel you are aggrieved by this Building Code interpretation,your appeal is to the Board of Buildings, Regulations and Standards in Boston. If you feel you are aggrieved by the Zoning interpretation,your Appeal is to the Salem Zoning Board of appeals. Failure to stop parking in this area will result in both Municipal Code tickets and zoning tickets as well as further enforcement actions if required. If you have any questions,please call me directly. Sincerely, Thomas St.P'e Building Commissioner/Director of Inspectional Services �s . ��� � / �� 3� l a 5 CITY OF SALEM, MASSACHUSETTS ��1 Itj BUILDING DEPARTMENT s a 120 WASHINGTON STREET,3m FLOOR �?mvss TEL. (978)745-9595 KIMBERLEY DRISCOLL FAx(978)740-9846 MAYORINBPEG RECEId ED THOMAS STYIERRE 1RE4 OR-UIyMiICPROPERTY/BUILDING COMMISSIONER 1011 JUL 2b P 2: 51 November 30, 2011 JU( 1 12017 Xiang Fa Xu B) 30 Leach Street _ Salem Ma. 01970 Required Inspection Dear Owner, This Department has received complaints alleging an illegal basement apartment ,a third floor unit and various building code violations. Per Mass State Building Code 780 C.M.R. Section R 104.1 an inspection of the entire premises is required. You are directed to contact this office within 5 days of receipt of this letter to arrange for the inspection. Failure to comply will result in Municipal code tickets and further enforcement actions. If you feel you are aggrieved by this order, your appeal is to the Board of Buildings,Regulations and Standards in Boston. Tho t.Pierre 0�I VA/ �r z Building Commissioner/Director of Inspectional Services cc.Board of Health, Fire Prevention SENDER: 6OMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete .,, A. Signature item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse X' _ 0 Addressee so that we can return the card to you. '" B. Received by(Printed Name) - C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 0 Yes If YES,enter delivery address below: 0 No - Xr�,�y ��Xy yr �, r 3. Service Type Certified Mail ❑ Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number �/ 7 �y (Transfer from service label) U1 ;ye,— ewai (airy Ps Font,3811,February 2004 Domestic Return Receipt 102595-024-154r UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box �y" c0 �4p4 CITY OF SALEM, MASSACHUSETTS �1 1 \� l BUILDING INSPECTOR 120 WASHINGTON STREET, 3RD FLOOR ��RiE WAP SALEM, MASSACHUSETTS 01970dI'm � V� I 1 1 . /1 o o UNITfp m� V +,, UNCLg11WE D o WA ! , Xiang Fa u �\ 30 Le Stre , Unit#2 Sal Ma. 970 m Nw ; o N i ivr ?s_ III.,111rIIIIIIIIIIIIIii11fill 1111,11:III111111HII!11rd1111 - i i Fi � s u ti���i� i vii: .. �,. .�� •- �-..� .:. � wl i i 7010 2780 0002 0159 0163OF THE RETURN ADDRESS, i PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT I. LD AT DOTTED LIN E 7010 .2780 0008 0159 0163 CITY OF SALEM, MASSACHUSETTS r BUILDING DEPARTMENT 120 WASHINGTON STREET 31D FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER January 24, 2012 Xiang Fa Xu 30 Leach Street Salem Ma. 01970 RE:30 Leach Street Dear Mr. Fa Xu Our Department's recent inspection of the above referenced property revealed that an illegal dwelling unit has been created in the basement and the second and third floor unit is currently being operated as a rooming house in a Residential District. (See Regulations below) The following actions are required immediately to brine the Property into compliance with the Massachusetts State Building Code and City of Salem Zoning Ordinances: 1. File building Permits and arrange inspections for the complete removal of the basement kitchen including removal ofplumbing behind the finished wall, any and all partitions that constitute a living or sleeping area in any way. 2. If you intend to keep the basement bathroom, have licensed tradesmen arrange for plumbing and electrical work to be inspected including removing construction finishes sufficient.for inspectors to see the work. 3. Remove any and all mattresses located in the basement immediately. 4. Submit a signed and notarized affidavit that you shall not occupy the basement area until all work itemized above is completed and signed off by this department and any other City department having jurisdiction. Rooming House Regulations(from Salem Zoning Ordinance) 5. Rooming Houses are not allowed anywhere in the City except in BI and B2 Zones. (See page 6 of City of Salem Zoning Ordinances) CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR TYIOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER 6. Two-family or Multi family dwelling units are defined on page 83 of the City of Salem Zoning Ordinances) . A landlord cannot rent a dwelling unit to more than 3 unrelated people or to any number of people not "living together as a single non- profit housekeeping unit" 7. Provide a signed and notarized affidavit stating the individuals and their relationships that will be residing in the 2 and 3rd floor apartment prior to this department issuing any permits for this unit. Said work must begin immediately; failure to respond to this notification will be construed as non-compliance, if you feel you are aggrieved by this order, your appeal is to the Board of Buildings, Regulations and Standards in Boston. Respectfully,�� Michael Lutrzykowski Assistant Building Inspector cc: file,Health Department, Fire Prevention e 11 Chin,Esq.,Russell Lawrence Marano,Esq.,Peter T, Salem Building Dept. 120 Washington Street Salem,MA 01970 4 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT COMMONWEALTH OF MASSACHUSETTS V. - No. F-A X u COMMONWEALTH' S MOTION TO DISMISS On behalf of the Commonwealth, the undersigned asks that the above named complaint be dismissed for the following reasons : The conditions complained of have been abated, corrected, or complied with, or 0 X911 . �"� � 'A" l� - J� 31��13 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT COMMONWEALTH OF MASSACHUSETTS - v. - No. ��� COMMONWEALTH' S MOTION TO DISMISS On behalf of the Commonwealth, the undersigned asks that the above named complaint be dismissed for the following reasons: The conditions complained of have been abated, corrected, or complied with, or '-1—�� —�I��•�/� dj�7 /�-( IOL/ L/Y.� O O k) PL �aq, CC: Chin,'L q,Russell Lawrence Marano,Esq.,Peter T. �I Salem Building Dept. 120 Washington Street Salem,MA 01970 ' COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT 7 utLfP Tlaintiff �'• - No. Defendant' AGREEMENT TO CONTINUE The undersigned parties hereby agree to continue the above case to _Bp ,�R--� �p 20 .13, at Cf: 00 o 'clock. *Siqned!�an ed by Plaintiff Signed and dated by Defendant Plaintiff' s Attorney Defendant ' s Attorney Housing Specialist Date COPIES GIVEN) (NAILED) TO �&(�ON CHIN -LAW FIRM RUSSELL L. CHIN, ESQ. 392 HANCOCK STREET T 617 471 3460 NO. QUINCY, MA 02171 F 617 249 2097 RCHIN@CHINFIRM.COM M 781 749 3206 m« m± a■k*+! amw«% m■kmm«# ■±«■±a■ #mRR f#m M-4 a-MA XA«2me a+«+ *mMA Foam»«■ r COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Plaintiff - V. - No. Defendant b STIPULATION � N baThe and rsi ned parties hereby stipulate and agree as follows : 11 .S• tai 'D2j M4 J a" ao - . do/,Z J � ti .2 a/-? y oa �� M !3 / Zt b ,ad ,vm• ONCE APPROVED BY THE JUDGE, THIS AGREEMENT BECOMES A COURT ORDER-AND-BOTH- PARTIES-ARE LEGALLY REQUIRED TO FOLLOW IT a ---I£ questions arise, please consult the housing specialist •l 1 ��d I UNDERSTAND THAT I HAVE THE RIGHT TO A HEARING ON MY CASE BEFORE A JUDGE, BUT ;NSTEAD I CHOOSE TO SIGN THIS AGREEMENT Signed and da by '13 Sig and dated by Plaintiff's Attorney Defendant' s Attorney Housing Specialist Judge COPIES ( N (MAILED) TO PARTIES ON �2� . COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT -� ?��( "� a C" Plaintiff \/ V. - No. . Defendant AGREEMENT TO CONTINUE The undersigned parties hereby agree to continue the above case to p gp�, �. 40 20 .13, at Q Oo o'clock. Signedan ed by Plaintiff Signed and dated by Defendant Plaintiff' s Attorney Defendant ' s Attorney -- -- Housing Specialist Date COPIES (GIVEN) (MAILED) TO PARTIES ON ATTENTION ELECTRICIANS.PLEASE HAVE PERMIT NUMBER WHEN CALLING FOR INSPECTION. y CITY OF SALEM Permit No . . . . . . . . . . . . . . . . . . . . : . . . ELECTRICAL DEPARTMENT 978-745-6300/745-6301 Fax 978-745-4638 Date 22 i Permit No / ✓ Wiring Inspector . . . . . . . . . . . . . . . . . . . �k Date. . . . . . . . . . . . . You are hereby notified that the electrical P . installation in the building Permit is hereby granted to. `, :c�J/{,� . . � . (/L V�.�. . . . . . . . . . . at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to install Electrical work at. �'�p l . . . 5; .�. . . . . . . Street Occupied owned or occupied by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . will beready for inspection on This permit is granted subject to the laws of the Commonwealth, Ordinances of the City of Salem and regulations of City Electrical Department. . ' • ' ' ' ' ' ' • ' ' ' . . . . • • . . . • • . . . . . Fee paid . . . . . . . . . . . . VOID ONE YEAR FROM DATE OF PERMIT ICa,,,,=brl Work must begin within ten days from date of issue or permit becomes void. Inspection will not be made until this notice ELEC. is received and it must be returned at least Issued by . . . . , FIRE 24 hours before inspection is desired. COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Plaintiff V. - No. /a C/ V O ��y r Defendant h STIPULATION 9 N `•' The and rsi ned parties hereby stipulate and agree as follows : l` 21 YY14 . 0012 J14Z2 >MOP- ti dd ym. ONCE APPROVED BY THE JUDGE, THIS AGREEMENT BECOMES A COURT ORDER--AND-BOTH---PARTIES--ARE LEGALLY REQUIRED TO FOLLOW IT a If—questions arise, please consult the housing specialist I UNDERSTAND THAT I HAVE THE RIGHT TO A HEARING ON MY CASE BEFORE A JUDGE, BUTNST I CHOOSE TO SIGN THIS AGREEMENT / >n Signed and da d by Signe and dated by Plaintiff' s Attorney Defendant' s Attorney "2 112— Housing Specia ist Judge :.:::� COPIES (Cri IGEN (MAILED) TO PARTIES ON r CHIN LAW FIRM RUSSELL L. CHIN , ESQ. E T 617 471 3460 NO. UINCY, K STREET F 617 249 2097 NO. QUINCV, MA 02171 M 781 749 3206 RCHIN@CHINFIRM.COM - 9_���5 �.--- . iur � s _ Ile C",W-s i /z 1v�7/Z (6�rz. Pte . - IMS/ Z pfd cc: Salem Building Dept. 120 Washington Street Salon, VIA 01970 ,l Commonwealth of N[assachusetts Housing Court Department Northeast Housing Court Fenton Judicial Center 2 Appleton Street Lawrence, MA 01840 (978)689-7833 Susan M'frippi Clerk Magistrate Hon. David D. Kerman -- -- - ---- First Justice Re: Salem Building Dept. Date: December 6, 2012 Vs: Xiang Fa Xu No: t2H77CV000184 CAPIAS To any Officer who is authorized to serve civil process in the Commonwealth, and to the Commonwealth, and to the Court Officers of this Court, Greeting: Upon the Judgment- Creditor's representation that the payment order entered 08/01/2012 has not been complied with; and whereas the Court considers that the Judgment- Debtor may be in contempt for failure to obey such order and for failure to appear in court as previously directed; You are hereby commanded to arrest the Judgment-Debtor who is named: Fa Xu, Xiang and to forthwith bring such person before this Court to answer for contempt. This Capias expires one year from the date of issuance, on 12/06/2013. WITNESS, Hon. David D. Kerman, Judge of the Northeast Housing Court, Susan M Trippi Clerk - Magistrate INSTRUCTIONS T0.IUDGb1ENT-CREDITOR You are required to arrange for this Capias to be served by a Constable or Deputy Sheriff. Although you are required to pay the cost of service, the Judgment-Debtor is required to reimburse you. OF ICEU.RETURN By virtue of this Capias, I have arrested the Judgment - Debtor, and I have the said contemnor before this Court for examination. THE COMMONWEALTH OF MASSACHUSETTS Essex, ss. HOUSING COURT DEPARTMENT NORTHEAST DIVSION City of Salem Building Dept. ) Docket No. V. ) ) F. H. Mu ) Defendant. ) 1 Motion to Withdraw 1, Peter T. Marano, having reached an irretrievable breakdown of the attorney client relationship and pursuant to the Massachusetts Rules of �\ Professional Conduct 1.16a1 and 1.16b3 do hereby motion this Honorable Court to withdraw as counsel of record on the above-numbered complaint. The defendant in this action is insistent upon a course of representation that will result in a violation of the Rules of Professional Conduct and is imprudent. December 4, 2012 Date \ Peter T. Marano, Esq. Law Offices of Peter T. Marano 100 State Street Boston, MA 02109-2416 (617) 227-1288 BBO#665506 -1- a ° ° Q COMMONWEALTH OF MASSACHUSETTS ' NORTHEAST HOUSING COURT Plaintiff � CIVIL CONTEMPT SUMMONS 0 Defendant J To the above named Defendant : �(� ,Ai j4 T7/. Xu \A� Pursuant to MRCvP Rule 65 . 3 and Order of Judge ��1Szl"CdL � you are hereby summoned to appear before the. y.4r4.-- Court at Slo o�w,a,c_ ,C-- M Sow*. i M 4 at O' clock .m. , on day, To-A- t- - 157 20 �2 for the purpose of : 1 . Holding a trial on the merits of the Contempt Complaint [_) 2 . Scheduling a trial of the Contempt Complaint [_I 3 . Considering whether the filing of an answer is necessary 4 . Considering the following matter: If you fail to appear, judgment of Contempt by default may enter against you, and. the Court may order that a capias issue for your arrest in order to bring you before the Court . WitnVs, /A ,Justice, at9G FW Massachusetts, his 1,P day of249 '1 Clerk Magis rate �y KIRCvr FORM 34' PURCHASE ORDER Fiscal Year 2013 Page PUBLIC PROPERTY (978) 745-9595 EXT 5640 Purchase 00904335-00� 120 WASHINGTON STREET 3RD FL Order # SALEM, MA 01970 ESSEX COUNTY SHERIFF'S DEPT PUBLIC PROPERTY P O BOX 2019 (978)745-9595 EXT 5640 36 FEDERAL STREET 120 WASHINGTON STREET 3RD FL SALEM, MA 01970 SALEM, MA 01970 Vendor.Phone Number `, Vehdor.Fax Number :Requisition Number Delivery Reference 00004960 DawOrdered5j Vendor'NuDate Required Frei ht.Method/Terms<. Department/Location 12/12/12 009330 12/13/12 PUBLIC PROPERTY -:Item# :'Descri"tion/Part No.a`' a"Unit/Of?` '. ''` =.Cost Each y, . _:`-'" Extended Prlce,k'.> 001 LEGAS SERVICES PROVIDED BY SHERIFFS 1.00 300.00000 300.00 DEPARTMENT Each 12412-5320 300.00 PO Total 300.00 CITY RECORDS INDICATE SUFFICIENT UNENCUMBERED FUNDS CITY OF SALEM ARE PRESENT IN THE BUDGET ACCOUNT. r3 PURCHASING DEPARTMENT 120 Washington Street APPROVED By 1 SALEM, MASSACHUSET"FS 01970 �1 TEL (9781 745-9595 FAX 19781 744-5918 Whitney C. Haskell r Ne Purcha RC Aben[ SALES TAX EXEMPTION NE-046-001-413 (NOT Vnl-iD WITHOUT CITY PURC�IAJING AGENT'S SIGNATURE) CC: Salem Building Dept. 120 Washington Street Salem, MA 01970 Commonwealth of Massachusetts Housing Court Department Northeast Housing Court Fenton Judicial Center 2 Appleton Street Lawrence, MA 01840 (978)689-7833 Clerk Magisstrat Susan M Ttrat }Ion.David D.Kerman e - - - -- - ----- _ Fiat Justice Re: Salem Building Dept. Date: December 6, 2012 Vs: Xiang Fa Xu No: .12H77CV000184 CAPIAS To any Officer who is authorized to serve civil process in the Commonwealth, and to the Commonwealth, and to the Court Officers of this Court, Greeting: Upon the Judgment- Creditor's representation that the payment order entered 08/01/2012 has not been complied with; and whereas the Court considers that the Judgment- Debtor may be in contempt for failure to obey such order and for failure to appear in court as previously directed; You are hereby commanded to arrest the Judgment-Debtor who is named: Fa Xu, Xiang and to forthwith bring such person before this Court to answer for contempt. This Capias expires one year from the date of issuance, on 12/06/2013. WITNESS, Hon. David D. Kennan, Judge of the Northeast Housing Court, Av_�_19 �6�- Susan M Trippi Clerk - Magistrate INSTRUCTIONS TO JUDGMENT-CREDITOR You are required to arrange for this Capias to be served by a Constable or Deputy Sheriff. Although you are required to pay the cost of service, the Judgtnent-Debtor is required to reimburse you. OFFICER'S RETURN By virtue of this Capias, I have arrested the Judgment - Debtor, and I have the said contemnor before this Court for examination. / s THE COMMONWEALTH OF MASSACHUSETTS Essex, ss. HOUSING COURT DEPARTMENT NORTHEAST DIVSION City of Salem Building Dept. ) Docket No. V. ) F. H. Xiu ) Defendant. ) Motion to Withdraw 1, Peter T. Marano, having reached an irretrievable breakdown of the C� attorney client relationship and pursuant to the Massachusetts Rules of �\ Professional Conduct 1.16a1 and 1.16b3 do hereby motion this Honorable Court to withdraw as counsel of record on the above-numbered complaint. The defendant in this action is insistent upon a course of representation that will result in a violation of the Rules of Professional Conduct and is imprudent. December 4, 2012 Date \ Peter T. Marano, Esq. Law Offices of Peter T. Marano 100 State Street Boston, MA 02109-2416 (617) 227-1288 \X� BBO#665506 V -1- COMMONWEALTH OF MASSACHUSETTS 8 NORTHEAST HOUSING COURT Plaintiff CIVIL CONTEMPT SUMMONS No. l� G� 0 Defendant J To the above named Defendant : U� Pursuant to MRCvP Rule 65 . 3 and Order of Judge «1��Md�-•L , - you are hereby summoned to appear before the } ��us� u Gr- Court at S6o �p .a (_ gA� l n�ce'AA "A at .ng o' clock m. , on day, -r�"A142_ 111 20 �? a for the purpose of: U M CP 1-4 o6DA 1 . Holding a trial on the merits of the Contempt Complaint E_] 2 . Scheduling a trial of the Contempt Complaint [_] 3 . Considering whether the filing of an answer is necessary q [_l 4 . Considering the following matter: If you fail 'to appear, judgment of Contempt by default may enter against you, and. the Court may order that a capias issue for your arrest in order to bring you before the Court . Witn?is, /Justice, at_ GF/y , Massachusetts, this day of 20)19 v Clerk Magisrate �RCvP FORM 34' PURGHASE ORDER Fiscal Year 2013 Page PUBLIC PROPERTY (978) 745-9595 EXT 5640 Purchase de00904335-00 120 WASHINGTON STREET 3RD FL Orr # SALEM, MA 01970 ESSEX COUNTY SHERIFF'S DEPT PUBLIC PROPERTY P O BOX 2019 (978)745-9595 EXT 5640 36 FEDERAL STREET 120 WASHINGTON STREET 3RD FL SALEM, MA 01970 SALEM, MA 01970 , Vendor.Phone Number e.,'A :Vendor,Fax Number Re uisition Number*.F,, s" =;'n's •xx: ,,'Deliver -Reference 00004960 DatevOrderedd Vander Number,?l Date Reciuired,& -3-- Freight Method/Terms e,�,;v 12/12/12 009330 12/13/12 PUBLIC PROPERTY `.Item# cfi , ., '` "�Desdri tibh/PartNo::'!srA ,.`."'a '-` Unit/Q.i F.-.,>h1,.,o,CoetEach » iS.c:q?.,�Extended'Price•2`�<= 001 LEGAS SERVICES PROVIDED BY SHERIFFS 1.00 300.00000 300.00 DEPARTMENT Each 12412-5320 300.00 PO Total 300.00 CITY RECORDS INDICATE SUFFICIENT UNENCUMBERED FUNDS w, CITY OF SALEM ARE PRESENT IN THE BUDGET ACCOUNT. PURCHASING DEPARTMENT 120 Washington Street APPROVED BY SALEM, MASSACHUSETTS 01970 Whitney C. Haskell TEL 19781 745-9595 FAX (978) 744-5918 Purchasing Ac Ent SALES TAX EXEMPTION #E-046-001-413 (NOT VALID WITHOUT CITY PURCHASING AGENT'S SIGNATURE) 30 LEACH STREET 375-13 Gip .qm 6920 Map:: 33 COMMONWEALTH OF MASSACHUSETTS s � ; ' aleck: CITY OF SALEM Lot: 0585 ,��• _ ; Category: DEMO_; Pem,lt# 375-13 4 _ BUILDING PERMIT Project# JS-2013-001415` Est. Cost: $1,000.00 q 'r- 'I" Fee Charged: $25.00- Balance Due: $.00 , PERMISSION IS HEREBY GRANTED TO: Const. Class: "Contractor: License: Expires: Use Group: applicant Lot Slze(sq.ft.): 3450.8232 Zoning: R2Owner: XIANG FA XU Units Gained: ` Applicant: XIANG FA XU Units Lost: AT. 30 LEACH STREET Dig Safe#: ISSUED ON. 26-Oct-2012 AMENDED ON: EXPIRES ON: 26-Mar-2013 TO PERFORM THE FOLLOWING WORK: THE COMPLETE REMOVAL OF THE BASEMENT KITCHEN AND REMOVAL OF PLUMBING BEHIND FINISHED WALL,AND ALL PARTITIONS THAT CONSTITUTE A LIVING OR SLEEPING AREA IN ANY WAY(AND ARRANGE INSPECTIONS FOR ALL WORK DONE)jbh POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smoke: Treasury: Water: Alarm: ASS¢$SUr Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2013-001510 26-Oct-12 0557 $25.00 GeoTMS®2012 Des Lauriers Municipal Solutions,Inc. ` CITY OF SALEM, MASSACHUSETTS - BUILDING DEPARTMENT s 120 WASHINGTON STREET,3RD FLOOR TEL: 978-745-9595 KINMERLEY DRISCOLL FAY: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER September 26, 2012 Salem District Court—Housing Division Salem, Massachusetts 01970 RE: 30 Leach Street To Whom It May Concern, The following correspondence shall serve an update and review of timeline of the precedings for the property located at 30 Leach Street, Salem, Massachusetts. Novemher2011- Inspection by Salem Building Department at 30 Leach Street, Salem, Massachusetts determines that an illegal basement unit has been created in the basement and third floor was currently being used as a rooming house in a residential district. January 24, 2012—Letter is sent to Mr. Xiang Fa Xu regarding these outstanding Massachusetts State Building Code and City Ordinance violations, and the corrections that are required to bring the property into compliance. (See attached document previously filed) July 18, 2012—First court appearance, Mr. Fa Xu states he has paper work to show proper permits for the work and ordered to appear back in court on August 1, 2012 with permit paperwork and list of occupants on 2"d and 3`d floor unit. Mr. Fa Xu is adviced to contact an Attorney by both the Housing Specialist and your Honor. August 1, 2012— Second court appearance, Mr. Fa Xu is in failure to appear by missing first and second call, decision is found in favor of City of Salem in the court action and paperwork is signed. Mr. Fa Xu shows prior to Building Department leaving court, Mr. Fa Xu is heard by Housing Specialist and by your Honor and told be back in court on August 15,2012 with the documentation that the unit was removed and documentation of occupants in second and third floor unit approved by Building Department. No Attorney is present and Mr. Fa Xu has no reason he was late. August 15, 2012—Third court appearance,—Mr. Fa Xu appears with Council Peter Marano, unit has not been removed nor documentation been provided regarding 2"d and 3`d floor unit occupants. Council Marano says he will speak to his client and assures the Building Department CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET, 3"DFLOOR TEL: 978-745-9595 FAx:978-740-9846 KINMERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER that unit will be removed if agreement is continued until August 29, 2012. Continuance until August 29`h is agreed upon to get to compliance. August 17, 2012—Mr. fa Xu asks for meeting at 30 Leach to review partitions walls that need to be removed for compliance. Meeting is set for August 21, 2012 at 10:00 a.m. August 21, 2012-Along with Lt. Erin Griffin of Salem Fire Prevention the unit partition walls are marked that are needed to be removed to be brought into compliance with court order. August 29, 2012—Fourth court appearance, Mr. Fa Xu is not at court appearance when contacted by Council he is out shopping. Mr Fa Xu's attorney suggests prior to appearance that he has alternative suggestion for vacating the property to bring unit into compliance. No agreement was made as The Building Department requests the Augustly`Court finding to be enforced, with removal of the unit. To further complicate a secondary case unrelated to Fa Xu vs Salem Building Department was combined when our case was called, it was requested by your Honor all three parties returned to court at a later date. Property is once again in non-compliance with order. Mr. Fa Xu's attorney was available only on this date, September 26`h, so the case was put off until today's hearing so parties could discuss matter. No communication has been had between Mr. Fa Xu's Council and this office, even with multiple calls and messages being placed to his cellphone and office phone numbers provided by this office.. This office requests that the August 1, 2012 Court Decision be enforced and the case between Mr. Fa Xu and his tenant be separated completely from this case. Respectfully,-- Michael Lutrzykowski Assistant Building Inspector Cc: file, CI'T'Y OF SALEM, MASSACHUSETTS 5 BUILDING DEPARTMENT 120 WASHINGTON STREET,31D FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER December 11, 2012 Essex County Sheriff Department 20 Manning Avenue Middleton, Massachusetts 01949 RE.Fa Xu,Xiang— Capias(Docket#12H77CV000184) The City of Salem, Massachusetts has secured a Purchase Order for the above referenced Capias order to be served, please direct all invoicing to this Department: BUILDING DEPARTMENT 120 WASHINGTON STREET,3m FLOOR SALEM,MASSACHUSETTS 01970 Any questions please call my office. Respectfully, Thomas St. Pierre Building Commissioner COMMONWEALTH OF MASSACHUSETTS COp� NORTHEAST HOUSING COURT Plaintiff CIVIL CONTEMPT SUMMONS - v. - Defendant To the above named Defendant : d� Pursuant to MRCvP Rule 65.3 and Order of Judge you are hereby summoned to appear before thee„psi y G,— Court at Sly r�p��2.d.L at o' clock .m. , on day, "fa t.K- JYJ 200,? , for the purpose of : U q-CP;4 r-S.i7Ay 1. Holding a trial on the merits oftheContempt Complaint [_] 2 . Scheduling a trial of the Contempt Complaint [_] 3 . Considering whether the filing of an answer is necessary [_] 4 . Considering the following matter: If you fail to appear, judgment of Contempt by default may enter against you, and the Court may order that a capias issue for your arrest in order to bring you before the Court . Witness, ///A /Justice, at94/,F , Massachusetts, this fQ� day of �� 201dAll Clerk Magistrate MRCvP FORM 34 QTY OF SALEM, MASSACHUSETTS s BUILDING DEPARTMENT 120 WASffiNGTON STREET,31�D FLOOR 'cciMNe TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER January 24, 2012 Xiang Fa Xu 30 Leach Street Salem Ma. 01970 RE.30 Leach Street Dear Mr. Fa Xu Our Department's recent inspection of the above referenced property revealed that an illegal dwelling unit has been created in the basement and the second and third floor unit is currently being operated as a rooming house in a Residential District. (See Regulations below) The following actions are required immediately to bring the property into compliance with the Massachusetts State Building Code and City of Salem Zoning Ordinances: 1. File building Permits and 7arrange inspections for_the complete removal of the , 1basement kitchen including removal ofplumbing behind the`finished_wall,_any_and �-- _ all partitions that constitute a living or sleeping area in any way. 2. Ifyou intend to keep the basement bathroom, have licensed tradesmen arrange for plumbing and electrical work to be inspected including removing construction finishes sufficient for inspectors to see the work 3. Remove any and all mattresses located in the basement immediately. 4. Submit a signed and notarized affidavit that you shall not occupy the basement area until all work itemized above is completed and signed off by this department and any other City department having jurisdiction. Rooming House Regulations (from Salem Zoning Ordinance) 5. Rooming Houses are not allowed anywhere in the City except in Bland B2 Zones. (Seepage 6 of City of Salem Zoning Ordinances) QTY OF SALEWMASSACHUSETTS _ BUILDING DEPARTMENT 120 WASHINGTON STREET,3ADFLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER 6. Two-family or Multi family dwelling units are defined on page 83 of the City of Salem Zoning Ordinances) . A landlord cannot rent a dwelling unit to more than 3 unrelated people or to any number of people not "living together as a single non- profit housekeeping unit" 7. Provide a signed and notarized affidavit stating the individuals and their relationships that will be residing in the 2nd and 3rd floor apartment prior to this department issuing any permits for this unit. Said work must begin immediately; failure to respond to this notification will be construed as non-compliance, if you feel you are aggrieved by this order,your appeal is to the Board of Buildings, Regulations and Standards in Boston. Respectfully, /'s F Michael Lutrzykowski Assistant Building Inspector cc: file, Health Department, Fire Prevention Q �1�� �I � � � Z1� COMMONWEALTH OF MASSACHUSETTS CQp� NORTHEAST HOUSING COURT Plaintiff CIVIL CONTEMPT SUMMONS V. - X0 No. Defendant To the above named Defendant : x f A"-e,- Pursuant e,-Pursuant to MRCvP Rule 65 .3 and Order of Judge you are hereby summoned to appear before Court at sCo �r£'c��t2.cS.(_ sr-ggAg C'ILIFA4 M^ at _� ,ph o'clock .m. , on _ day, 117 20 0,2 , for the purpose of: ,. UQCPHr-SDQJ 1. Holding a trial on the merits of the Contempt Complaint [_] 2 . Scheduling a trial of the Contempt Complaint [_] 3 . Considering whether the filing of an answer is necessary [_] 4 . Considering the following matter: If you fail to appear, judgment of Contempt by default may enter against you, and the Court may order that a capias issue for your arrest in order to bring you before the Court . Wday of , 0��(Justice, atSf/, Massachusetts, HO Clerk Magistrate MRCvP FORM 34 CC: Marano,F26,q,Peter T. Salem Building Dept. 120 Washington Street Salem,MA 01970 r COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Plaintiff CIVIL CONTEMPT COMPLAINT No. Defendant The undersigned Mtc� q�, L.�T�ZZ-���awSlc-1* complains of �( � that ih thbdG -ti � mat , this Court issued the attached order on Au4,.js-r and that as shown by the attached affidavit, violated said ` order by )<'I A-U C4- A Y () � a s \> (p ,A -T- WHEREFORE, TWHEREFORE, the undersigned prays that a contempt summons issue, that a hearing be held, that appropriate relief be granted, and that ` appropriate penalties be imposed. Signed and r alties of perjury NamelC-" 6A, Lj r[ZZ7 LivwSk( h Address 2 3'fLb .•mac.-gyp -Z A�c y.t-t ll Q v(9 Z.e Telephone CEJ / Date fD114 �7 j NORTHEAST HOUSING COURT FENTON JUDICIAL CENTER 015H26521902 2 Appleton Street �+ $00.450 Lawrence,MA 01840 = 10l11/2012 i Mailed From 01840 US POSTAGE 3-� sox gecanrEe _I I'S r��:i5:`+59� llluunillEluinElilun�ilnlEitilu.ir��i�l�lniElnlni�l d0%POEi-.N�CpNEIIMEq - - 1 t�:• , ; .."._ r .� .....,... � .,. .y � ' ..._._. ..P., ......... .�.._... 1 "; / i � \ COMMONWEALTH OF MASSACHUSETTS Copy NORTHEAST HOUSING COURT Plaintiff CIVIL CONTEMPT SUMMONS v. - No. Defendant To the above named Defendant : j(1A"e,--- Pursuant to MRCvP Rule 65 .3 and Order of Judge you are hereby summoned to appear before theap,,3L) i,tu .– Court at S'(-, F-7 t -CV .c .» MA at .Ob o'clock .m. , on , day, ' (�rl ToR�o2 1'! , 20012-1 for the purpose of : yrs M CPi4 C!5.DA J 1. Holding a trial on the merits of the Contempt Complaint [_] 2 . Scheduling a trial of the Contempt Complaint [_] 3 . Considering whether the filing of an answer is necessary [_] 4 . Considering the following matter: If you fail to appear, judgment of Contempt by default may enter against you, and the Court may order that a capias issue for your arrest in order to bring you before the Court . WitnVs lA `/ Justice, at G Massachusetts, this 1,9— day of ���� 20X-42L, Clerk Magistrate MRCvP FORM 34 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Plaintiff . - v. - No. / 2CVO / f- Defendant AGREEMENT TO CONTINUE The undersigned parties hereby agree to continue the above case to ��U 20 IZ at ( o 'clock. I we� Signed and at y Plaintiff Signed and dated by Defendant Plaintiff ' s Attorney __Defendant ' s Attorney z g� lz Housing Speciallist Date COPIES ( IVEN (MAILED) TO PARTIES ON i . . r CITY OF SALEM, MASSACHUSETTS A BUILDING DEPARTMENT sy �cT 120 WASHINGTON STREET,3RD FLOOR TEL: 978-745-9595 KIMBERLEY DRISCOLL FAX: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER September 26, 2012 Salem District Court—Housing Division Salem, Massachusetts 01970 RE: 30 Leach Street To Whom It May Concern, The following correspondence shall serve an update and review of timeline of the precedings for the property located at 30 Leach Street, Salem, Massachusetts. November2011- Inspection by Salem Building Department at 30 Leach Street, Salem, Massachusetts determines that an illegal basement unit has been created in the basement and third floor was currently being used as a rooming house in a residential district. January 24, 2012—Letter is sent to Mr. Xiang Fa Xu regarding these outstanding Massachusetts State Building Code and City Ordinance violations, and the corrections that are required to bring the property into compliance. (See attached document previously filed) July 18, 2012—First court appearance, Mr. Fa Xu states he has paper work to show proper permits for the work and ordered to appear back in court on August 1, 2012 with permit paperwork and list of occupants on 2"d and 3`d floor unit. Mr. Fa Xu is adviced to contact an Attorney by both the Housing Specialist and your Honor. August 1, 2012— Second court appearance, Mr. Fa Xu is in failure to appear by missing first and second call, decision is found in favor of City of Salem in the court action and paperwork is signed. Mr. Fa Xu shows prior to Building Department leaving court, Mr. Fa Xu is heard by Housing Specialist and by your Honor and told be back in court on August 15'2012 with the documentation that the unit was removed and documentation of occupants in second and third floor unit approved by Building Department.No Attorney is present and Mr. Fa Xu has no reason he was late. August 15, 2012—Third court appearance,—Mr. Fa Xu appears with Council Peter Marano, unit has not been removed nor documentation been provided regarding 2nd and 3`d floor unit occupants. Council Marano says he will speak to his client and assures the Building Department CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR Sep TEL: 978-745-9595 KIMBERLEY DRISCOLL FAx: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER that unit will be removed if agreement is continued until August 29, 2012. Continuance until August 29`h is agreed upon to get to compliance. August 17, 2012—Mr. fa Xu asks for meeting at 30 Leach to review partitions walls that need to be removed for compliance. Meeting is set for August 21, 2012 at 10:00 a.m. August 21, 2012- Along with Lt. Erin Griffin of Salem Fire Prevention the unit partition walls are marked that are needed to be removed to be brought into compliance with court order. August 29, 2012—Fourth court appearance, Mr. Fa Xu is not at court appearance when contacted by Council he is out shopping. Mr Fa Xu's attorney suggests prior to appearance that he has alternative suggestion for vacating the property to bring unit into compliance. No agreement was made as The Building Department requests the Augustly` Court finding to be enforced, with removal of the unit. To further complicate a secondary case unrelated to Fa Xu vs Salem Building Department was combined when our case was called, it was requested by your Honor all three parties returned to court at a later date. Property is once again in non-compliance with order. Mr. Fa Xu's attorney was available only on this date, September 26`h, so the case was put off until today's hearing so parties could discuss matter. No communication has been had between Mr. Fa Xu's Council and this office, even with multiple calls and messages being placed to his cellphone and office phone numbers provided by this office.. This office requests that the August 1, 2012 Court Decision be enforced and the case between Mr. Fa Xu and his tenant be separated completely from this case. Respectfully,_ Michael Lutrzykowsski Assistant Building Inspector Cc: file, f ^ COMMONWEALTH OF MASSACHUSETTS NORTHEAST. HOUSING COURT �A.I.fCA� 15 is LLb 1 ti q C laintiff CIVIL CONTEMPT COMPLAINT No . 1 2 C vD/ d y XLaN6, �Cv Defendant The undersigned [ci��n¢ c� ��TtZZ�l1awSl�-1' complains of ut cL:-tc� _ [ t that �j in the above captioned matter this Court issued the attached order on ,e,uGwS'T ( m �� 1Z and that as shown by the attached affidavit, violated said order by SCI A,U ® G m WHEREFORE, the undersigned prays that a contempt summons issue, that a hearing be held, that appropriate relief be granted, and that appropriate penalties be imposed. ��n 992 Signed and r alties of perjury Name u' Address 2 AC h K!z7t A,L-�M 9Zc Telephone Date �S S i i itad�ir ��' 1�C,�►�,a Lkz-,-z>/ (-p Ao - Ql�v�o•�.v:-� .�'�t/ %,sem `ZN� € �� �f QST z9 9114 cvr- D.orlot . F�je- 7-;" At,U u j- vyurti✓T 1C+-N K-t0 U 19-D 44C -T+4-+C.. t ,4 f•j S CITY OF SALEM, MASSACHUSETTS rP$ BUILDING DEPARTMENT fi 120 WASHINGTON STREET,3RD FLOOR TEL: 978-745-9595 FAX:978-740-9846 KI SE=YDRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER September 26, 2012 Salem District Court—Housing Division Salem, Massachusetts 01970 RE: 30 Leach Street To Whom It May Concern, The following correspondence shall serve an update and review of timeline of the precedings for the property located at 30 Leach Street, Salem, Massachusetts. November2011- Inspection by Salem Building Department at 30 Leach Street, Salem, Massachusetts determines that an illegal basement unit has been created in the basement and third floor was currently being used as a rooming house in a residential district. January 24, 2012—Letter is sent to Mr. Xiang Fa Xu regarding these outstanding Massachusetts State Building Code and City Ordinance violations, and the corrections that are required to bring the property into compliance. (See attached document previously filed) July 18, 2012—First court appearance, Mr. Fa Xu states he has paper work to show proper permits for the work and ordered to appear back in court on August 1, 2012 with permit paperwork and list of occupants on 2"d and 3`d floor unit. Mr. Fa Xu is adviced to contact an Attorney by both the Housing Specialist and your Honor. August 1, 2012— Second court appearance,Mr. Fa Xu is in failure to appear by missing first and second call, decision is found in favor of City of Salem in the court action and paperwork is signed. Mr. Fa Xu shows prior to Building Department leaving court, Mr. Fa Xu is heard by Housing Specialist and by your Honor and told be back in court on August 15,2012 with the documentation that the unit was removed and documentation of occupants in second and third floor unit approved by Building Department. No Attorney is present and Mr. Fa Xu has no reason he was late. August 15, 2012—Third court appearance,—Mr. Fa Xu appears with Council Peter Marano, unit has not been removed nor documentation been provided regarding 2nd and 3`d floor unit occupants. Council Marano says he will speak to his client and assures the Building Department CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 'R�m 120 WASHINGTON STREET,3RD FLOOR TSL: 978-745-9595 FAx:978-740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER that unit will be removed if agreement is continued until August 29, 2012. Continuance until August 29th is agreed upon to get to compliance. August 17, 2012—Mr. fa Xu asks for meeting at 30 Leach to review partitions walls that need to be removed for compliance. Meeting is set for August 21, 2012 at 10:00 a.m. August 21, 2012- Along with Lt. Erin Griffin of Salem Fire Prevention the unit partition walls are marked that are needed to be removed to be brought into compliance with court order. August 29, 2012—Fourth court appearance, Mr. Fa Xu is not at court appearance when contacted by Council he is out shopping. Mr Fa Xu's attorney suggests prior to appearance that he has alternative suggestion for vacating the property to bring unit into compliance. No agreement was made as The Building Department requests the Augustl't Court finding to be enforced, with removal of the unit. To further complicate a secondary case unrelated to Fa Xu vs Salem Building Department was combined when our case was called, it was requested by your Honor all three parties returned to court at a later date. Property is once again in non-compliance with order. Mr. Fa Xu's attorney was available only on this date, September 26th, so the case was put off until today's hearing so parties could discuss matter. No communication has been had between Mr. Fa Xu's Council and this office, even with multiple calls and messages being placed to his cellphone and office phone numbers provided by this office.. This office requests that the August 1, 2012 Court Decision be enforced and the case between Mr. Fa Xu and his tenant be separated completely from this case. Respectfully, Michael Lutrzykowski Assistant Building Inspector Cc: file, i COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ) laintiff CIVIL CONTEMPT COMPLAINT No. � 2Cvo� Sy XiaNe, =F'o XL-; Defendant The undersigned M►a►FA� -�u �►ZZ �ac,oS complains of pf that i'h thuboecaptionmat * this Court issued the attached order on �,�,G��aST I ?� 1Z and that as shown by the attached affidavit, violated said order by 1 A U I ® - G WHEREFORE, the undersigned prays that a contempt summons issue, that a hearing be held, that appropriate relief be granted, and that J appropriate penalties be imposed. Signed und r alties of perjury Name pk c-"'&-44 _ r Address9 7z 2 Telephone 9 —, ClJ Date S Mi .� L��z w s <<t . cf 4-R-- .2 `TT+-c— -14 4 OD e ftp //J.� / T77.t� —7-/u /ho� '2"L) F �fC� / Imo} A�� 0 ST /f% d CITY OF SALEM, MASSACHUSETTS f BUILDING DEPARTMENT fis 120 WASHINGTON STREET, 3'FLOOR 'PEL: 978-745-9595 FAx: 978-740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER September 26, 2012 Salem District Court—Housing Division Salem, Massachusetts 01970 RE: 30 Leach Street To Whom It May Concern, The following correspondence shall serve an update and review of timeline of the precedings for the property located at 30 Leach Street, Salem, Massachusetts. November2011- Inspection by Salem Building Department at 30 Leach Street, Salem, Massachusetts determines that an illegal basement unit has been created in the basement and third floor was currently being used as a rooming house in a residential district. January 24, 2012—Letter is sent to Mr. Xiang Fa Xu regarding these outstanding Massachusetts State Building Code and City Ordinance violations, and the corrections that are required to bring the property into compliance. (See attached document previously filed) July 18, 2012—First court appearance, Mr. Fa Xu states he has paper work to show proper permits for the work and ordered to appear back in court on August 1, 2012 with permit paperwork and list of occupants on 2"d and 3`d floor unit. Mr. Fa Xu is adviced to contact an Attorney by both the Housing Specialist and your Honor. August 1, 2012—Second court appearance, Mr. Fa Xu is in failure to appear by missing first and second call, decision is found in favor of City of Salem in the court action and paperwork is signed. Mr. Fa Xu shows prior to Building Department leaving court, Mr. Fa Xu is heard by Housing Specialist and by your Honor and told be back in court on August 15'2012 with the documentation that the unit was removed and documentation of occupants in second and third floor unit approved by Building Department. No Attorney is present and Mr. Fa Xu has no reason he was late. August 15, 2012—Third court appearance,—Mr. Fa Xu appears with Council Peter Marano, unit has not been removed nor documentation been provided regarding 2"d and 3rd floor unit occupants. Council Marano says he will speak to his client and assures the Building Department i CITY OF SALEM, MASSACHUSETTS '1 <`a BUILDING DEPARTMENT 120 WASHINGTON STREET,3RD FLOOR TEL: 978-745-9595 FAx: 978-740-9846 KIWERLEY DRISOOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING OOMMISSIONER that unit will be removed if agreement is continued until August 29, 2012. Continuance until August 29`h is agreed upon to get to compliance. August 17, 2012—Mr. fa Xu asks for meeting at 30 Leach to review partitions walls that need to be removed for compliance. Meeting is set for August 21, 2012 at 10:00 a.m. August 21, 2012-Along with Lt. Erin Griffin of Salem Fire Prevention the unit partition walls are marked that are needed to be removed to be brought into compliance with court order. August 29, 2012—Fourth court appearance, Mr. Fa Xu is not at court appearance when contacted by Council he is out shopping. Mr Fa Xu's attorney suggests prior to appearance that he has alternative suggestion for vacating the property to bring unit into compliance. No agreement was made as The Building Department requests the Augustly`Court finding to be enforced, with removal of the unit. To further complicate a secondary case unrelated to Fa Xu vs Salem Building Department was combined when our case was called, it was requested by your Honor all three parties returned to court at a later date. Property is once again in non-compliance with order. Mr. Fa Xu's attorney was available only on this date, September 26th, so the case was put off until today's hearing so parties could discuss matter. No communication has been had between Mr. Fa Xu's Council and this office, even with multiple calls and messages being placed to his cellphone and office phone numbers provided by this office.. This office requests that the August 1, 2012 Court Decision be enforced and the case between Mr. Fa Xu and his tenant be separated completely from this case. Respectfully, Michael Lutrzykowski Assistant Building Inspector Cc: file, CC: ' Y Fa Xu,Xiang Salem Building Dept. 120 Washington Street Salem,MA 01970 t' COMMONWEALTH OF MASSACHUSETTS - NORTHEAST HOUSING COURT 6->v 1 c..-a i All`t � job-�T�.(g-�..7 f 'JU 1 l 2012 Plaintiff By- Defendant i MOTION WITH HEARING AT SALEM SESSION The undersigned hereby moves this Court [ J to continue this case Wil [ ] to amend d [_) to dismiss this case (_] to remove default or dismissal and for relief from judgment and set the case for trial on ( J to stay execution until. _._ (_] to issue execution to order payment of the judgment within [30 days], [ ] other �L, e- F71 pv yig Y 'OE W rtl �7-H i2 / /°ex &;ejo /777 / for the followin� ^reasons: fC� G O Iv1 CSS G• o, This motion will be heard by the Northeast Housing Court at Courtroom D, J.M. Ruane Judicial Center, 56 Federal Street, Salem, at 9:00 o'clock a.m. Wednesday, �%v L /g 20 /L . I (gave) (mailed) a copy of this m on to l ature an e vT� Address TZZF- 4117 -66 KI? Telephone NORTHR AST HOUSING COURT ff,WTON JUDICIAL CENTER uY 018H285M02 ?[Appleton Street Qo 450 Lawrence,MA 01840 _ c w - _ G8;02!20?? Mailed From 01840 US POSTAGE C e RE°®`^'EA III illa I lil III 1 I:I�iila:ilairiirla am:PosTmNSUMEM � !. ��, ._ "'� , ,,. ,y . . "e Tf a Commonwealth of lRamacbugetto Housing Court Department Northeast Division Patrick J. McDonough Chief Housing Specialist 2 Appleton Street Lawrence,MA 01840 Tel: 978-689-7833, COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT S'�4, Ila Plaintiff - v. - No. . 12 py/ Defendant AGREEMENT TO CONTINUE The undersigned parties hereby agree to continue the above case to �12-7 20/ -*" , at �� o 'clock. Signed &nd "ate P ainti; signed and dated by Defendant Plaintiff' s Attorney Defendant ' s Attorney Housing Specialist Date-' COPIES (GIVEN) (MAILED) TO PARTIES ON Permit Listing Report by District Printed On: Wed Jul 18,2012 SQL Statement:Street No.like"30"AND Street like"LEACH STREET" District Address(Work Location) District Zoning Owner Work Category Est.Cost Proposed Use And Detail Permit Type Permit No Online Permit No Permit Status Date Issued Contractor(Phone#) Work Description Fees Paid Check# 30 LEACH STREET R2 Xiahg Fa.Xu REPAIR/REPLACE $1,500.00 Residential Other Building 55-09 Expired Jul-21-2008 NEW WINDOWS&INSTULATIONjhb $25.00 1714 30 LEACH STREET(0030 R2 SHEEDY MICHAEL 1 REPAIR/REPLACE $10,000.00 Residential Two or more units LEACH STREET) Building 771-2001 Expired Apr-25-2001 Manuel Diaz(781)593-1376 Install vinyl siding.T.LS. $65.00 cash 30 LEACH STREET R2 XIANG FA XU REPAIR/REPLACE $1,800.00 Residential Other Building 832-12 OPEN Apr-I8-2012 applicant REPAIR FRONT STAIR&ENLARGE EXISTING DECK jbh $25.00 2322 30 LEACH STREET R2 REYNOSO FELIX GAS $0.00 Residential Other Gas G-58-09 Expired Apr-14-2009 R.P.McLaughlin(978)532-3300 (1)HEATING BOILER jhb $30.00 x District( )TOTALS: ESTIMATED COST: $13,300.00 NUMBER OF PERMITS: 4 FEES INVOICED: $145.00 FEES PAID: $145.00 BALANCE: $.00 GRAND TOTALS: ESTIMATED COST: $13,300.00 NUMBER OF PERMITS: 4 FEES INVOICED: $145.00 FEES PAID: $145.00 BALANCE: $.00 GeoTMSO 2012 Des Lauriers Municipal Solutions,Inc. Page 1 of 1 City ofSafem 9Kassachusetts Fire Department 48 Lafayette Street Salem Massachusetts 01970-3695 Tel. 978-744-1235 Eax978-745-4646 (David'W. Cody Chief Fire fteoention 978-745-7777 RECORD OF COMPLAINT Information ADDRESS: 30 Leach St DA TE: 4/3/12 SUBJECT: Illegal Apartments coMPLAINTeY Salem Police ��,^,,,,/, DEPT.- Fire NARRATIVE: I was called to meet the police at 30 Leach St. The power to the second floor had been shut off by National Grid due to lack of payment. Both the second floor and third were being occupied and an extension cord had been run up the outside of the building from the basement as a source of power. Given that the third floor apt was illegal as well as a probable illegal apt in the basement, we ordered the people occupying the 2nd and 3rd floors to leave for the night until the power issue could be resolved. I think you have to PTN Information PROPERTY OWNER: ADDRESS: PHONE NWIBER: 7d/--^��o -,3,pd� CELL PHONE: - ALT. NUMBER. TENANTIBUS6VFSS PLIONE NUILBER: ALARH COMPANYr PHONENUMBER: Inspection REVIEWED BY. DATE: COddi11IENTS_ RESOLVED: DATE: Department Notifications BUILDING: ELECTRICAL: HEALTH DEPARTMENT �— PLUMBING: POLICE: C� Iti p'e;s6n/Entity Involved jApartments 1 1781 -1910 -13868 �- Local Option Business name (if applicable) Area rode Phonc Number ❑ L—J (Xiang "Frandy" LJ IXiu I " Check This Box if Mr.,Me., Mrs. First Name .ace address a5 MI Ld5[ Name Suffix incident location. I Than skip the uh ree 030 I I Leach I I linedupls ace add ress Number u ST LJ lines. Prefix Street or Highway Street Type Suffix I I (Salem Post Office Box Apt./Suite/Room city MA 1101970 State Zip code More people involved? Check this box and attach supplemental Forms (NFIRS-ls) as necessary K2 Owner E] Same as person involved? Then check this bskip se The res[ of this sectiodo n, u u Local Option Business name (if Applicable) Area rode Phone Number I I I " I I " Check this box if Mr.,Ms., Mrs. First Name MI Last Name same address as I I Suffix incident locationI I u I I u Then skip the three duplicate address Number Prefix Street of Highway Street Type Suffix lines. I I I I Post Office Box APC./Suite/Room City u I I-I state Zip code L Remarks Local Option On 09/03/2012 at 22:53:00 C6 dispatched To 030 Leach Street /Salem, MA 01970. The location is a Two Family Dwelling. The incident was determined to be a(n) Assist police or other governmental agency. 22:55:00 C6 arrived on scene. The following involvements were noted: Name/Business Name Involvement Type -------------------------------------------------- Xiu, Xiang "Frandy" The following actions were performed on scene: Investigate Units responding were: CAR 2 responded. 23: 15:00 C6 back in service. L Authorization 109938 I ICranney, (Capt. ) Paul IICPE I IA/D.C. I1 09 J LL3] 2012 Officer in charge IN signature Position or rank Assignment Month Oay rear Check Be, fn 1O'Keefe, Francis X I SDI I I I_� U 2012 , as Officer Member making repO[t ID signature Position or tank Asslgnmen[ MOn[11 bay year charge. Salem Fire Department: oezaa 04/03/'0 1,1 lz-DonlnDb A t P MM DD yyyy — ❑Delete 9e Basic 09 58 MA 09 03 2012 1 112-0001406 000 an EDID * State* Incident Date * Station Incident Number NFIRS -1 * Exposure * ❑❑No Activity Cod,1 [his box to Indlca[e [M1a[ [hu atld x ras foc [his incid�:nc is p[ovitiv'd on [he Wlldland Fi[�: $ Location* ❑NedWe (t e.tt,nn a -aie..nati.. 1r;nn ^. only r=, census crate 12041 - 00 ®Street address ❑Intersection 030 " Leach Street I I Number/Milepost Prefix Street of Highway ❑In front of Street Type Suffix Rear of I I Salem MA _ ❑ Apt./Suite/Room Cit 01970 ❑Adjacent to I y State yip code ❑Directions C t t air ticans, as Rod 11caDle C Incident Type * Date b Times Midnight is 0000 El E2 Shift s Alarms 551 11ASSist police or other I check boxes if Month Local Option Incident Type daces are the Day Year Hr Min Sec same as A1arn ALARM always required �3 D Aid Given or Received* Dace' Alarm * 04 03 2012 22:53:00 sIn_i ft or Alarms DTAiS Platoon ARRIVAL required, unless canceled or did not active 1 Mutual aid received I II I 2 ❑Automatic aid recv. Ther Eoto�rU ® Arrival * 04 03 20121122:55:00 E3 3 ❑Mutual aid given State CONTROLLED Optional, Except for wildland fires Special Studies 4 ❑Automatic aid given I I ❑Controlled u " I_ I I Local Option 5 ❑Other aid given Their LAST UNIT CLEARED, required except for wildland fires J II I N (]None Incident Number Last Unit special Cleared L04� L031 I 20121 23:15:00 study mw sP,eay vawe F Actions Taken * G1 Resources * G2 Estimated Dollar Losses S Values ❑ Check this box and slip this section if an Apparatus or LOSSES: Required for all fires if known. Optional Personnel farm is used, for non fires. 86 (Investigate I � I None Primary Action Taken (n Apparatus Personnel Property $tel 000 ,1 000 ❑ u 1 Suppression �J L� Contents $1 000 000 ElI Additional Action Taken (2) EMS PRE-INCIDENT VALUE: Optional lJ L I Others 0001Property $1 �J Additional Action Tdken (31 ❑ Check box if resource counts I ' , DO O f O 00 include aid received rq,.nr,na. Contents $1 000 000 ❑ Completed Modules Hl*Casual ties❑None H3 Hazardous Materials Release 1I Mixed Use Property ❑Fire-2 Deaths InjuriesN ❑None NN Not Mixed ❑Structure-3 Fire 10 Assembly use I I I 1 ❑Natural Gas: ,lo. le,k, „o e�,�ee.e� of xesswt,�c;ee, 20 Education use ❑Civil Fire Cas.-4 Service 1 1 1_.J 2 ❑Propane gas: <21 ie. t,nk (as in Rome ae4 grill, 33 Medical use ❑Fire Serv. Cas.-5 Civilian] 3 []Gasoline: meum. reel teak or p.rt,el. =..tsoms. 40 Residential use 51 Row of stoles ❑EMS S H2 Detector 4 ❑Kerosene: rem D„rn;ny=se;pmm`t..p.re,el. .e=res. 53 Enclosed mall ❑HazMat-7 Required for confined Fires. 5 F]Diesel fuel/fuel oil:_, i.ls rem t.nk .t'.teal. 58 Bus. Residential ❑ 1�Detac[or alerted occupants aumwildland Fire-H 6 ❑Household solvents: n..e/.eu. .p; , m.,n.P. 2 59 Officea use ©Apparatus-9 7 ❑Motor oil: free..,in. as p..GLl.=.ntei... 60 Industrial use ❑Personnel-10 2❑Detector did not alert them63 Military use 8 []Paint: e.—P•;nt..n, c.nl;ne< ss .if... 65 Farm use ❑Arson-11 0❑Unknown a n. 0 ❑Other: sa=;,+ x.w,t a :use;cad or.pill .ssyel., 00 Other mixed use Ple.a.a lute [h. Na xM.t [em t1 Property Use* Structures 391❑Clinic,clinic type infirmary 5539 ❑ Household goods,sales,repairs 342❑Doctor/dentist office 579 ❑Motor vehicle/boat sales/repair 131 ❑Church, place of worship 361 Prison or ail, not juvenile❑ 7 7 571 ❑Gas or service station 161 ❑Restaurant or cafeteria 419®1-or 2-family dwelling 599 I] Business office 162 ❑Har/Tavern or nightclub 92 g Multi-familY dwelling 615 ❑Electric generating plant 213 ❑Elementary school or kindergarten 439❑Rooming/boarding house 629 ❑Laboratory/science lab 215 ❑High school or junior high 449❑Commercial hotel or motel 700 ❑Manufacturing plant 241 ❑College, adult education 459Residential, board and care 819 Li 311 []care facility for the aged ❑ [:]Livestock/poultry ry storage(barn) 464❑Dormitory/barracks 882 ❑Non-residential parking garage 331 ❑Hospital 519❑ 4 Food and beverage sales 891 C]Warehouse Outside 936❑vacant lot 981 ❑Construction site 124 F-1 Playground or park 938 ❑Graded/care for plot of land 984 ❑ Industrial plant yard 655 ❑Crops or orchard 946 ❑Lake, river, stream 669 Forest (timberland) Lookup and enter Property Use code only if 951 ❑Railroad right 0£ way you have NOT checked a Property Use box: 807 ❑Outdoor storage area 960Other street ❑ Property Use 1419T 919 ❑Dump or sanitary landfill 961 ❑Highway/divided highway 931 []Open land or field 962 ❑Residential street/driveway Two Family Dwelling NFIRS-1 Revision 037-11-79-9'_ Salem Fire Department 09258 09/03/2012 12-nn(11 aft6 04%04/12 15 : 26 SALEM POLICE DEPARTMENT v5 . 5p INCIDENT REPORT PAGE: 1 TTYP3 -85 shift : C date_ 04/03/12 TUESDAY org/1st --------------------- -------------- - ------- --- ********** C 147 DISPUTE 22 : 16 * 30 LEACH ST SAL **rcv*clr* 636752 * ISSUE OVER POWER 147 147 * ID # : 8376 51 Rept : PAIGE, WYATT L 502-85 11/09/79 30 LEACH ST SALEM,MA 01970 InVO: XU, XIANG F 10/25/75 UNIT (S) *** 30 LEACH ST SALEM,MA 01970 *** 23 * SAL P PTL K ODONNELL r> d> 22 : 16 a> 22 : 30 c> 23 : 40 k> 502-509 *** COMMENTS *** h' 23 SAL 22 : 16 :43 CD-147-ISSUE OVER POWER 23 SAL 22 : 30 : 14 ON SCENE 502- 23 SAL 23 :40 : 07 CLEAR. 502- 23 SAL ON THE ABOVE DATE AND TIME RESPONDED TO THE ABOVE ADDRESS 509- 23 SAL TO SPEAK TO THE TENANT ON THE FIRST FLOOR AFTER HE FOUND 57 - 23 SAL AN EXTENSION CORD COMING OUT OF A CELLAR WINDOW AND GOING 57 - 23 SAL UP INTO THE ATTIC WINDOW. UPON ARRIVAL SPOKE TO MR. PAIGE 57 - 23 SAL WHO RELATED NATIONAL GRID CAME TO THE HOME TODAY AND SHUT 57 - 23 SAL THE POWER OFF TO THE SECOND FLOOR. THE ABOVE TWO PARTIES 57 - 23 SAL ARE INVOLVED IN AN ONGOING CIVIL MATTER. WHILE THIS OFFICER 57 - 23 SAL WAS ATTEMPTING TO RAISE THE OCCUPANTS ON THE SECOND FLOOR 57 - 23 SAL THE OWNER MR.XU CAME HOME. WITH THE ASSISTANCE OF SGT.DACY 57 - 23 SAL AND FIRE DEPUTY PAUL CRANNY MR.XU AGREED TO TAKE HIS 57 - 23 SAL FAMILY TO A HOTEL FOR THE NIGHT AFTER THE SECOND FLOOR 57 - 23 SAL HAD NO ELECTRICITY AND NO WORKING SMOKE DETECTORS. 57 - ------- ------ - - - - -- -- ----- - -------- - - ---- - -------- officer' s signature date c rw. ax'�'ae t z sa ra '1 i s �.2 1� k �s `i'fj a2 hi 0 r at coll e OP p ill '� .( ,u . � 4SP Te r1 4' i 4 x- - d rad 4 1 +zi�"tit" f t W h ,1 • II ���: � � a},7. �i tN„ �(1 j uY e { P �t ��� �- xyiN - .ii � i .r .� .�,. } s ' a si:' {} B�� l�" � 'iar �� %�,€+,. e €r A- 111 �. �vt a m� � x *r-', may,, „� lq., k ,` 1 � f 3 �� #� .� f °3�s ,'ti��` ra KI ���',^�., i�9ww` i 5i�i } .^� }; �JJ 1� f: r x� � � � d 6 � �x'. 1_ `'� ��! i[ �'4.� + �,Y�t� fin. 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Ay`�by i t o +gP ase < fid" �`49- .♦ Y R` -1 f� � � f. 8 U.a r t f ;;••y�y55}}''c Y, . t m lYofwl Y 3 G a• f A� A, f y � :s ti � < <'��eT � .fi`t• yt.,�y� t'�']1x prP ^L d 1�j � ":11, I .flr � 4 � to �• y 4 a n rw S i > 9 R a wl, ��tt�f,k Y *`I dd i 3r •Yk' 4a ae>�7 ° 5 - , .r� �.� as 'r 4 t Fr1 ? � f�4�f� ♦ e� s�� j f ,w- ----- iti ! 8 y f {ry p 1 y x i �4 l z ry t � 5 I .:' y Ya P •4te f w+, i I I 1 � f � y . +' a 44 rf, l to i t; jt i„(� �Illit t a � •i •r lei IL �t Y P� � �,..Y �` rd {h r ear - aW4 i yf'Ne r1 e ett fy'}�}t��p 4N• i t11, Sy'F P 'N„W'�R�.. �" il h U ri,} 'f tM1 Vp� E 1 0 syn I e r w >70.�fIg tY iJW �_�s�� 8,� r 11u+fli ilk ,F 3J' ti , / CITY OF SALEM, MASSACHUSETTS -BUILDINGDEPARTMENT 120 WASHINGTON STREET,3m FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KINMERLEY DRISCOLL MAYOR TYLOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER November 30, 2011 Xiang Fa Xu 30 Leach Street Salem Ma. 01970 Required Inspection Dear Owner, This Department has received complaints alleging an illegal basement apartment ,a third floor unit and various building code violations. Per Mass State Building Code 780 C.M.R. Section R 104.1 an inspection of the entire premises is required. You are directed to contact this office within 5 days of receipt of this letter to arrange for the inspection. Failure to comply will result in Municipal code tickets and further enforcement actions. If you feel you are aggrieved by this order, your appeal is to the Board of Buildings,Regulations and Standards in Boston. Thor4wq,w,t.Pierre Building Commissioner/Director of Inspectional Services cc.Board of Health, Fire Prevention City of Salem 9Kassachusetts Fire Department 48 Lafayette Street Salem Yassachusetts 01970-3695 TeL 978-744-1235 (Fa),978-745-4646 q)a,"d`W. Cady Chief Fire Tteaention 978-745-7777 RECORD OF COMPLAINT Information ADDRESS: 30 Leach St DATE: 4/3/12 SUBJECT.' Illegal Apartments conaPLAINTer: Salem Police /(�Jp DEPT. Fire NARRATIVE: I was called to meet the police at 30 Leach St. The power to the second floor had been shut off by National Grid due to lack of payment. Both the second floor and third were being occupied and an extension cord had been run up the outside of the building from the basement as a source of power.Given that the third floor apt was illegal as well as a probable illegal apt in the basement, we ordered the people occupying the 2nd and 3rd floors to leave for the night until the power issue could be resolved. I think you have to contact the building insnector and take a hard look at this occupancy PTN Information PROPERTYOWNER: ADDRESS: PHONE NUMBER: 7�/��i<v -3e4� CELL PHONE: ALT. NUMBER: TENANT/BUSINESS PHONE NUMBER: ALARM COMPANY. PHONE NUMBER: Inspection REVIEWED BY. DATE: COMMENTS: RESOLVED: DATE: Department Notifications BUILDING: ELECTRICAL: HEALTH DEPARTMENT PLUMBING: POLICE: CITY OF SALEM, MASSACHUSETTS -BUILDING DEPARTMENT f 120 WASHINGTON STREET,3RD FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KI aERLEYDRISCOLL MAYOR TYLOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER November 30, 2011 Xiang Fa Xu 30 Leach Street Salem Ma. 01970 Required Inspection Dear Owner, This Department has received complaints alleging an illegal basement apartment ,a third floor unit and various building code violations. Per Mass State Building Code 780 C.M.R. Section R 104.1 an inspection of the entire premises is required. You are directed to contact this office within 5 days of receipt of this letter to arrange for the inspection. Failure to comply will result in Municipal code tickets and further enforcement actions. If you feel you are aggrieved by this order, your appeal is to the Board of Buildings,Regulations and Standards in Boston. Tho s t.Pierre Building Commissioner/Director of Inspectional Services cc.Board of Health, Fire Prevention City of Salem 3fassachusetts Fire Department 48 Lafayette Street Salem Wassachusetts 01970-3695 Tel. 978-744-1235 (Fa)C978-745-4646 David`W. Cody Chief Fire Trevention 978-745-7777 RECORD OF COMPLAINT Information ADDRESS: 30 beach St DATE: 4/3/12 SUBJECT: Illegal Apartments coMPLAINTBY. Salem Police DEPT' Fire NARRATIVE: I was called to meet the police at 30 Leach St. The power to the second floor had been shut off by National Grid due to lack of payment. Both the second floor and third were being occupied and an extension cord had been run up the outside of the building from the basement as a source of power. Given that the third floor apt was illegal as well as a probable illegal apt in the basement, we ordered the people occupying the 2nd and 3rd floors to leave for the night until the power issue could be resolved. I think you have to contact the building insnector and take a hard look at this occupancy PTNInformation PROPERTYOWNER: F(2 l5Nov ADDRESS: PHONE NUMBER: 7,/-'/— J Pee r- CELL PHONE: ALT NUMBER: TFNANTIBUS(NESS: - PHONENUMBER: ALARMCOMPANY: _. .: . PHONE NUMBER: Inspection REVIEWED BY.' " DATE: COMMENTS: RESOLVED: DATE: Department Notifications BUILDING: ELECTRICAL: HEALTH DEPARTMENT PLUMBING: POLICE: Ki-' .Per;in/EntitY Involved Apartments 781 -1910 1-13868 Local Option Business name (if applicable) Area Code Phone Number I-� (Xiang "Frandy" IXiu I L� ❑Check This Box if Mr.,Ms., Mrs. First Name MI Last Name Suffix s e address as in lthecthr. 030 (Leach I ST Then skip ads three duplicate address Number Prefix Street Or Highway Sties[ Type Suffix lines. I I (Salem Post Office Box Apt./Suite/Room City U 01970 -1 State Zip Code ❑More people involved? Check this box and attach supplemental Forme (NFIRS-1S) as necessary K2 Owner DSame as person involved? I Then check this box and skip The rest of this section. Local Option Business name (if Applicable) Area Code Phone Number El Check this box if Mr., ( I Mr.. First Name Mi ( I Last Name suffix same address as inti location I I u dent . Then skip the three Numbs[ Prefix Street or Highway . Street Type Suffix duplicate address I lines. I I I Post Office BOX Apt,/Suite/Room City u 1 -1 State Zip code L Remarks Local Option on 04/03/2012 at 22:53:00 C6 dispatched To 030 Leach Street /Salem, MA 01970. The location is a Two Family Dwelling. The incident was determined to be a(n) Assist police or other governmental agency. e 22:55:00 C6 arrived on scene. . The following involvements were noted: Name/Business Name Involvement Type -------------------------------------------------- Xiu, Xiang "Frandy" The following actions were performed on scene: Investigate Units responding were: CAR 2 responded. 23: 15:00 C6 back in service. L Authorization 109938 I ICranney, (Capt. ) Paul IjCPE I IA/D.C. I Lth 03 2012 Position or rank Assignment Month Day year Officer in charge ID signature Check 01Kefe, Francis X IDI 141 U 2012 ( 09259 MOn[M1 Day YearBOX Position Or ark Assignment seas Officer Member making tue kin report ID Signature se in charge. 09258 04/03/2012 12-0001406 Salem Fire Department t' k MM DD YYYY 071--c. NFIRS -1 09258 U 04 03 2012 U 112-0001406 000 ❑Change Basic FDID state* Incident Date * station Incident Number * exposure NO Act ivity Chk this ebox tO IOtlicate Chat the aditeas for Chis d-1 i= P-elaeo.. the w11ti—O P­ Ceram Tiort 2 041 —100 BLocation* ❑ ecNodule In racoon a At teenative Lowtton S,.eifi-1 von". use omy Luc witalana fit . ®Street address 030 " ILeach Street 11 U ❑Intersection Number/Milepost Prefix Street or HighwayStreet Type Suffix ❑In front of uI I Salem I MA IJ 101970 -1 ❑Rear of Apc /Suite/Room City state zip code ❑Adjacent to ❑Directions, Cross street or directions, as applicable C Incident Type * $1 Date 5 Times Midnight is 0000 E2 Shift & Alarms Check boxes it Hr Min Sec Local Option 551 Lsist police or other I Month Day Year dates are always required[e the s re d 3 Incident type same a Alarm LJ I L� STA 5 Data. Alarm * 04 03 20121122:53:00 shift or Alarms District D Aid Given or Received* Platoon ARRIVAL required, unless canceled or did not arrive 1 ❑Mutual aid received IuIL_J ® Arrival * 04 03 20121 22:55:00 E.3 2 ❑Automatic aid reCV. Their FDID Their CONTROLLED optional, except for poi lalantl fires Special Studies 3 ❑Mutual aid given 4 ❑Automatic aid given I ❑ Controlled " " I I I Local option 5 ❑Other aid given Their LAST UNIT CLEARED, required except for poi lalana firer I .J N FX Incident Number ® Last Unit 04 03 2012 23:15:00 Spud,"- Special udyaValue u u u�� F Actions Taken * Gl Resources * G2 Estimated Dollar Losses 6 Values ❑ Check this box and skip this LOSSES: Required for all fires if known. Optional Section if an Apparatus or for non fires. None Personnel form is used. 86 (Investigate -Apparatus Personnel Property $1 Id 000 , 0001 ❑ Primary Action Taken (1( I I L�J' Suppression u Contents $I-� I 000 , 000 El I Additional (Action Taken (2) I EMS L� �J PRE-INCIDENT VALUE: Optional I I Other 0001 Property $1 . 1 000 , 000 ❑ Additional Action Taken (3) ❑ Check box if resource counts $IJ 000 , 000 Elinclude aid recei ver resources. Contents Completed Modules Hl*Casualties❑None H3 Hazardous Materials Release I Mixed Use Property NN Not Mixed ❑Fire-2 Deaths Injuries N 1:1 None 10 Assembly use Fire 1 atural Gas: 1O lea , na sa slOn Or Haunt.Otian= Education use ❑Structure-3 ( I u Nk20 Service ❑Civil Fire Cas.-4 2 ❑Propane gas: <a 16. Conk <.= m nOme ata cr;lu 33 Medical use II '' []Gasoline: vahia. feel to.a=pOreable container 40 Residential use ❑Fire Serv. Cas.-5 Civilian u 3 51 Row of stores ❑EMS-6 4 ❑Kerosene: fOa1 ear—as=w+pea.,ar pertable .....a. 53 Enclosed mall Detector ❑HazMat-7 Required far Confined Fires. 5 ❑Diesel fuel/fuel 011:veai<1a Eae1 CaM of po=table 58 $u9. f Residential ❑ 1❑Detector alerted occupants Wildland Fixe-S 6 ❑ ® Household solvents: ne/offic..poll, ar—up-17 59 Office use 60 Industrial use (]Apparatus-9 7 ❑Motor oil: from aaginO or percmm cantsme= 63 Military use ❑Personnel-10 2❑D.t..tar did not alert chem 8 ❑paint: frop paint sae. Lamb.,< ss q.11em. 65 Farm use Arson-11 U❑Unknown 0 ❑Other: special x put. ti ns tO.p,i...o .Piss >ssyal., 00 Other mixed use ❑ Plea=a c a lot. It.Ha pe loin J Property Use* Structures 341❑Clinic,clinic type infirmary 539 ❑Household goods,sales,repairs 342❑Doctor/dentist office 579 ❑Motor vehicle/boat sales/repair 131 ❑Church, place of worship 361❑Prison or jail, not juvenile 571 ❑Gas or service station 161 ❑Restaurant or cafeteria 419® 1-or 2-family dwelling 599 ❑ Business office 162 ❑Har/Tavern or nightclub 429❑Multi-family dwelling 615 ❑Electric generating plant 213 ❑Elementary school or kindergarten 439❑Rooming/boarding house 629 ❑Laboratory/science lab 215 ❑High school or junior high 449❑Commercial hotel or motel 700 ❑Manufacturing plant 241 ❑College, adult education 459❑Residential, board and care 819 ❑Livestock/poultry storage(barn) 311 ❑Care facility for the aged - 464❑Dormitory/barracks 882 ❑Non-residential parking garage 331 ❑Hospital 519❑Food and beverage sales 891 ❑Warehouse Outside 936❑vacant lot 981 ❑Construction site 124 ❑playground or park 938 ❑Graded/care for plot of land 984 ❑ Industrial plant yard 655 ❑Crops or orchard 946 ❑Lake, river, stream Lookup and enter a Property use code only if 669 ❑Forest (timberland) 951 ❑Railroad right of way you have NOT checked a Property use box: 807 ❑outdoor storage area 960 ❑Other street Property use 1419T 919 ❑Dump or sanitary landfill 961 ❑Highway/divided highway (Two Family Dwelling 931 ❑Open land or field 962 ❑Residential street/driveway NFIRS-1 Rev...on 03/-1_1_/9_9J 09258 04/03/2012 12-0001406 Salem Fire Department J 04/04/12 15 : 26 SALEM POLICE DEPARTMENT PAGE: 1 v5 . 5p INCIDENT REPORT TTYP3 -85 shift : C date : 04/03/12 TUESDAY org/lst --------------------------------------------------------------------- - -- --- - - ---- ********** C 147 DISPUTE **rcv*clr* 22 : 16 * 30 LEACH ST SAL 147 147 636752 * ISSUE OVER POWER 51 * ID # : 8376 502-85 Rept: PAIGE, WYATT L 11/09/79 30 LEACH ST SALEM,MA 01970 Invo: XU, XIANG F 10/25/75 30 LEACH ST SALEM, MA 01970 *** UNIT(S) *** 23 * SAL P PTL K ODONNELL 502-509 r> d> 22 : 16 a> 22 : 30 c> 23 : 40 k> h> *** COMMENTS *** 23 SAL 22 : 16 :43 CD-147-ISSUE OVER POWER 502- 23 SAL 22 : 30 : 14 ON SCENE 502- 23 SAL 23 :40 : 07 CLEAR. 509- 23 SAL ON THE ABOVE DATE AND TIME RESPONDED TO THE ABOVE ADDRESS 57 - 23 SAL TO SPEAK TO THE TENANT ON THE FIRST FLOOR AFTER HE FOUND 57 - 23 SAL AN EXTENSION CORD COMING OUT OF A CELLAR WINDOW AND GOING 57 - 23 SAL UP INTO THE ATTIC WINDOW. UPON ARRIVAL SPOKE TO MR. PAIGE 57 - 23 SAL WHO RELATED NATIONAL GRID CAME TO THE HOME TODAY AND SHUT 57 - 23 SAL THE POWER OFF TO THE SECOND FLOOR. THE ABOVE TWO PARTIES 57 - 23 SAL ARE INVOLVED IN AN ONGOING CIVIL MATTER. WHILE THIS OFFICER 57 - 23 SAL WAS ATTEMPTING TO RAISE THE OCCUPANTS ON THE SECOND FLOOR 57 - 23 SAL THE OWNER MR.XU CAME HOME. WITH THE ASSISTANCE OF SGT.DACY 57 - 23 SAL AND FIRE DEPUTY PAUL CRANNY MR.XU AGREED TO TAKE HIS 57 - 23 SAL FAMILY TO A HOTEL FOR THE NIGHT AFTER THE SECOND FLOOR 57 - 23 SAL HAD NO ELECTRICITY AND NO WORKING SMOKE DETECTORS. 57 - officer' s signature date SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Rsstricted Delivery is desired. i ❑Agent ■ Print your name and address on the reverse X O'Addressee so that we can return the card to you. B. Rec by Name) C. Date of Delivery ■ Attach this card to the back of the maiipiece, , or on the front if space permits. D. Is delivery address different from Item 14 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No P ✓iii �� /�l9- ��Y�� °j do '-913Service Type eA Certified Mail ❑Express Mail rn (9 Registered ❑Return Receipt for Merchandise 6 ❑Insured Mall ❑C.O.D. 4. Restricted WNW Restricted Fee)_ _ _ ❑yes 2. Rrl PSFL _-T-. T _.............o.,.,,,,,o.:a�N, -- —. . .-- 102595o2-M-1540 UNITED STATES P *Fi ,t-Casslailemu Y� � 52i " a& des P No =10 • gender: Please print your name, address, and ZIP+4 in this box Ili,.,,, Ili AIA.,,ili„,„iL CITY OF SALEM, MASSACHUSETTS l BUILDING DEPARTMENT 120 WASHINGTON STREET,3'FLOOR \90 ' TEL: 978-745-9595 FAx: 978-740-9846 KINIBERLLY DIUSCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER Notice of Building Code Violation 30 Leach Street— Apartment #1 Mr. Wyatt Page 30 Leach Street, Unit#1 Salem, Massachusetts 01970 RE: 30 Leach Street—Unit#1-Hallway Clearance Mr. Page, A recent visit to your apartment on February 9°i, at 30 Leach Street, Unit#1, it was noted that the hallway egressing from your two children's bedrooms was in violation of Massachusetts State Building Code 780 R311.6-Hallways. The violation in reference pertains to the storage of clothing, boxes and items in the hallway which reduces the width of the hallway to less than the thirty six (36) inches required by code. Additionally 780 CMR Corridors section 1018— Corridors leading to exits are also not to be used for any purpose that interferes with the path of egress. This is solely a tenant issue and does not pertain to the landlord of the property, thus it is requested that you remove said items immediately. Also noted during the visit were the presence of electric heater in the rooms, all supplemental heaters shall cant' the UL Listed label and be provided with a thirty six (36) inch clearance around the unit. If they do not have the UL Label affixed to the product please remove the items immediately for the residence. You are hereby ordered to rectify these conditions immediately upon of receipt of this notice and contact this office forthwith for a follow up inspection. Failure to do so may result in further actions being brought against you, with Municipal code tickets and or including the filing of criminal complaints at District Court. You have the right to appeal this order to the State Board of Building Regulations at One Ashburton Place, Boston,Ma. If you have any further questions regarding this letter, please call this office at(978)-745- 9595, extension 5648. Respectfully�����,_���%� Michael Lutrzykowski Assistant Building Inspector CC: file, Fire Prevention, Jason Silva, Health Department aCITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBEKLEY DRISCOLL MAYOR 120 WASHINGTON$TRF..FT+ SALEM,MASSACFIUSHI'I'S 01970 TEL:978-745-9595 ♦ FAx:978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 30 Leach Street *gJai July 16, 2008 Felix Reynoso 30 Leach Street Salem, MA 01970 RE: STOP WORK ORDER Dear Mr. Reynoso; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: While on routine inspection calls I observed construction activity on-going at this location. When I knocked on the door a man in work clothes refused me admission to these premises. Be advised that working without a permit is punishable under the Criminal Statues, and carries a penalty of up to one year in prison and a fine of not more than $1000. You must call this office and schedule an appointment within two weeks from the receipt of this letter, or charges will be filed at District Court. You are also hereby ordered to stop all work until this property has been properly inspected. Said violations must begin to be corrected, repaired, and/or brought into compliance within 7 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 5643. Sincerely, o ph E. Baqrb Assistant Building Inspector/ Local Inspector CITY OF SALEM PUBLIC PROPERTY ` + DEPARTMENT C�Ay ��a1u1 w1.1;r ultis, n, M „t ,q 11\t I'I t IN S'11?1.:1.1-♦ S.V J,?1,��,;.\CI R SPITS 1119-1 11.1:9-8 —1i-9i9; ♦ K,\:9'N--109816 VIOLATION NOTICE PROPERTY LOCATION 30 Leach Street Jai MIG' )20Yhl�o � >= i o oFFlw i-- July 16, 2008 s/°r117 vN H" 2(0l 2tlb`5 Felix Reynoso ,�� cWtAc, 30 Leach Street `TAe,'('e� pr— Salem, MA 019705 . RE: STOP WORK ORDER Dear Mr. Reynoso; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: While on routine inspection calls I observed construction activity on-going at this location. When I knocked on the door a man in work clothes refused me admission to these premises. Be advised that working without a permit is punishable under the Criminal Statues, and carries a penalty of up to one year in prison and a fine of not more than $1000. You must call this office and schedule an appointment within two weeks from the receipt of this letter, or charges will be frled at District Court. You are also hereby ordered to stop all work until this property has been properly inspected. Said violations must begin to be corrected, repaired, and/or brought into compliance within 7 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 5643. Sincerely, X' K o ph E. Baqrbeaur Assistant Building Inspector/ Local Inspector �1 . • e • R ' • " - .1.�,r� -,..w•�;�f � :.:.tet y�; T qq _ A .! 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