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75 REAR MASON STREET - BUILDING INSPECTION 75 R MASON STREET Oxford -t$�€SSEETE MADE IN U.S.A. NO, 752 1/3-2 • • • • / Jo, Tei << � � : D �� 19 )/a g jo72 7 5 �+�GK� 0pkleol l� �� • �''tinrlbZtJ � pr,,,'<� Ll ' a CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT February 3, 2004 David Sheehan 75 Mason Street Salem, MA 01970 RE: 75 Mason Street, 1St 2nd, 3`d Floor and Rear Apartments Dear Mr. Sheehan: In accordance with Massachusetts General Law, Chapter 111 , Sections 127A and 127 B and 105 CMR: 410.000: Chapter Il, State Sanitary Code, Minimum Standards of Fitness for Human Habitation; an inspection of the building was conducted by Health inspectors Virginia Moustakis and David Greenbaum, as well as Fire, Electrical and Building Department inspectors on February 2, 2004. A complete inspection was not done at the time because of unsanitary and dangerous conditions which may have endangered an inspector and/or made it impossible to see the entire area. The inspectors observed no heating facilities, no water, burst and leaking pipes, and no cooking facilities in the building at 75 Mason Street. Based upon the findings of the inspection the Board of Health has determined that the entire dwelling, including the 151 2nd and 3'd floor dwelling units and the rear unit, is unfit for human habitation. The danger to the life or health of the occupants is so immediate, and to comply with District Court Judge Robert Cornetta's decision of February 3, 2004, condemnation is ordered immediately and the hearing requirements of 105CMR 410.831B and C are waived. All occupants of the building are ordered to vacate the building within 24 hours. If any person refuses to leave the dwelling they may be forcibly removed by the Board of Health or by local police authorities on the request of the Board of Health. The City of Salem Building Department will secure this dwelling on February 4, 2004 on or about 10 a.m. If after one year after the issuance of an order to secure, compliance with the minimum standards set forth in 105 CMR410.000 has not been effected, then the Board of Health may cause the dwelling to be demolished. Any costs borne by the Board of Health are a debt to the City and shall be recoverable from the owner in an action of contract. No dwelling or portion thereof, which has been condemned and placarded as unfit for human habitation, shall again be used for human habitation until written approval is secured from, and the Board of Health removes such placard. No person shall deface or remove the placard, except the Board of Health shall remove it whenever the defect or defects upon which the condemnation and placarding action was based have been eliminated. ncerely, iiannecott .r.- t� Health Agent h COMMONWEALTH OF MASSACHUSETTS Essex;ss., �,' C `�F � '.,� .+,P. :Y .. -;7Trial .Court of The Cominonwealsh District Court Departfrnent tri a `Fl -.a#i,t � �:,Ft 7F i �-: fl : l 5, u [1 1 Salem Division tpttnti++rnrplriDocket No 0336 CR .3260 - l . .. . . Commonwealth ¢ `r`h�ti� w •,~ ft .. =a A TRUE COPY, ATTEST; t .o; David A. Sheehan, %,fid `r`^t r,. ERtclntnGlsTRATH DefendantqgG pp -pr ',''llllltltFttitSittiltl!!��`y\` CL E t{9�—�3�1-:4+iV 3 } �ATE!_ �i Findings, Rulings and Pre Trial Probation Supervision Order: On September 19, 2003 the Commonwealth acting through the City of Salem's Code Enforcement Officers criminally complained against the defendant property owner as to alleged safety, fire and code violations being maintained by said defendant upon premises located at 75- 77 Mason Street in that city. The defendant was arraigned on January 2, 2004 regarding said complaint and,represented to the Court that he would obtain legal counsel, said to be Attorney Skerry. At arraignment and based upon a series of health, fire, building and safety violations alleged to be,maintained on the premises according to the City of Salem,the defendant was given,a series of pre trial;probat on conditions, in writing, to be complied with. The matter was continued to January 16, 2004 by the Court for appearance of counsel for the defendant and for pre trial hearing including confirmation of pre trial probation conditions. On January 16, 2004 the matter was further continued by the Court to January 20, 2004. On January 20, 2004 the defendant again appeared in Court without legal counsel and again the City of Salem's Code Enforcement Officers recited a litany of code violations upon the premises which, if verified would represent serious health, fire, building and safety risks to the occupants of the property,the neighborhood and public safety personnel in the event of a fire or other incident upon the premises, Based upon facts set out at the January 20, 2004 hearing, Court was recessed so that a view of the property might be taken with all parties in interest present. That view was conducted on January 20, 2004 with the defendant, the City of Salem's Fire and .Building Inspectors, a police sergeant from the Salem Police Department and the assistant chief court officer of the Salem District Court. An inspection of the premises by the Court found a series of health, safety, building, zoning, electrical, plumbing and fire violations being maintained upon the premises. In addition, finding 1 -two- is now made that the premises in their present condition represent a threat to the safety of the occupants, neighborhood and public safety personnel who may be called into any incident on the property. Based upon said findings made and after a view of the premises, the Court's prior pre trial probation conditions are amended and added to with the following conditions of pre trial probation in this matter now being ordered: A. As to 77 Mason Street: 1. Until this property's use and occupancy zoning is complied with by the defendant owner,all current non-residential use and occupancy of said premises shall cease forthwith. 2. No persons shall reside upon or work within the premises until further order of Court. 3. The premises shall be secured and posted by the City of Salem that there shall be no trespassing and no use or occupancy of the building pending the defendant's compliance with all zoning, building and code enforcement regulations applicable to the premises. 4. There shall be no gasoline,propane or hazardous substances stored upon the premises in violation of any city ordinance or state law. 5. Prior to securing and posting this building,the Salem Fire Department shall inspect it to be certain that there are no items on the premises or unattended utilities on the premises that will present any type of hazard once the building is secured and posted by the City of Salem's Building Department. B. As to 75 Mason Street: 1. All extension cords improperly and illegally running between units of the building or between 75 and 77 Mason Street shall be disconnected and removed immediately. 2. The premises shall comply with both the state building code and municipal ordinance regarding minimum standards for all lawful entrance and egress ways on the premises and throughout, including adequate, approved fire escapes. The current front stairway leading to all units in the building shall immediately be cleared of all debris and improper doors impeding its use and passage. 3. The premises shall be equipped with working smoke detectors per Salem Fire Department and state regulations applicable to the premises. No smoke detectors upon the premises shall be tampered with or disabled by the defendant or any occupant of the premises. -three- 4. No illegal space heaters shall be connected to or used on the premises, including gas, oil electric or propane. Kitchen cooking ranges shall not be used as a sole means of domestic heat source in any unit of the property, 5. The premises are currently said to be zoned by the City of Salem as a three family residential unit. In compliance with the same, there shall be no separate residential unit occupied or maintained within the third floor attic of the premises. Further, there shall be no business, commerce or trade conducted upon the premises in violation of said zoning designation. 6 All plumbing and fire safety violations associated with the furnace unit shall be corrected forthwith. 7. Any structural, plumbing, electrical or heating work to be performed on the premises shall only be so conducted by he defendant-owner or persons or entities acting on his behalf in compliance with applicable federal, state and municipal codes and shall only be commenced and completed with proper permitting issued by the City of Salem. C. As to both locations: 1. There shall be no un registered motor vehicles stored upon or within either premises in violation of either state law or municipal ordinance. 2. There shall be no automotive or truck repairs conducted upon the premises in violation of either state law or municipal ordinance. 3. There shall be no fuels improperly stored outside or within either premises including gasoline, propane, camping or lighting fuels. Because of the serious nature of the violations found on the premises, as to 77 Mason Street, this pre trial probation order shall be carried out forthwith by the defendant and the City of Salem. As to 75 Mason Street, those items deemed to present an immediate life safety threat to persons within the premises, public safety personnel or the public at large shall be corrected immediately as ordered by the City of Salem's officers and agents. Any other corrective measures or improvements to the property required to be carried out for code enforcement compliance shall be done within the discretion of the City of Salem's Officers and Agents within thirty (30) days hereof. -four- This matter shall next be heard by the Court on February 3, 2004 at 9:00 a.m. at the Salem District Court. In the interim, should the City of Salem require a further hearing in this matter, the same may be brought forward earlier for hearing by the Court. All until further order of Court: /s/Hon. Robert A. Cometta, January 20, 2004 Justice .�o CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT l�+a 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA O 1970 ' "-- TEL. (978)745-9595 EXT. 380 � e FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR June 25, 2003 David Sheehan 75R Mason Street Salem, MA. 01970 Dear Mr. Sheehan: I was at your property on May 15, 2003 with the Fire Department and Health Inspector to investigate complaints in the second floor apartment. The following code violations were apparent; 1. Electrical cords running from second floor to third floor apartment. 2. Smoke detectors hanging from ceiling in hallway. 3. Make shift ladder hanging from third floor window down onto lower roof. 4. An illegal apartment has been created on the third floor and is apparently being occupied by you. 5. Recurring problems with junk cars being stored on the property. The overall condition is poor. Per State Building Code 780 CMR, Section 115.6 you are required to contact this office within 10 days upon receipt of this notice to arrange a hull multi Departmental Inspection of this property. Failure to arrange the inspection will result in a complaint being filed in Salem District Court. Sincerely, Thomas St. d-Te Acting Building Commissioner cc: Mayors Office. Fire Prevention Health Department Electrical Department �ONDIT CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel: (978)741-1800 October 27, 1998 Fax:(978)740-9705 David Sheehan 75 Mason Street #2 Salem, MA. 01970 Dear Mr. Sheehan On September 29, 1997 at 3:45 P.M., Inspector Jeffrey Vaughan inspected the apartment at 75 Rear Mason Street with owner David Sheehan. At that time, the tenant Doreen Wear had vacated the premises. Violations still existed from the September 16, 1997 inspection report. On September 30, 1997, Assistant City Solicitor John D. Keenan dismissed the case in Salem District Court. David Sheehan was warned and understood that he needed a Certifcate of Fitness before renting this apartment. On October 20, 1998, an on -site inspection was conducted of apartment #1 and the basement. At that time Health Inspector Virginia Moustakis met with Mrs. Wear's son who told inspector the apartment was never vacated and has been continuously occupied. Such occupancy is in violation of the above mentioned court complaint regarding this property, both being in direct violation of a court order. David Sheehan and Mrs. Wear are to contact this office within three(3) days of receipt of this notice to schedule a reinspection. Thank you. Fo the Board of Health : Reply to: Joanne Scott Virginia Moustakis Health Agent Senior Sanitarian cc: Assist. City Solicitor John D. Keenan, Fire Prevention, Electrical Dept. Plumbing/Gas Inspector, Building Inspector & Councillor S. Hayes Delivered in Hand by Constable Virginia Moustakis on Tuesday, October 27, 1998 to David Sheehan and tenant Doreen Wear JS/sjk c-vmmason CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 3 e 120 WASHINGTON STREET, 4TH FLOOR `a SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT April 28, 2003 David Sheehan 75 Mason Street Salem, MA. 01970 Dear Mr. Sheehan: In accordance with Chapter III, Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary,Code, Chapter II Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 75 Mason Street#2 occupied by Thomas Reintges conducted by Jeff Vaughan,Sanitarian on Wednesday,April 23, 2003 at 2:40 P.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000 : Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. 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 Salem District 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 or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse parry has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health: Reply to: joa`nrtaScoit' — Jeff Vaughan Health Agent Sanitarian Regular Mail &Posted at Address. Cc: tenant, bldg. Dept., fire prevention violet pp, CITY OF SALEM, MASSACHUSETTS ' y, BOARD OF HEALTH • • 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 Page 3 of STANLEY USOVICZ. JR JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT State Sanitary Code, Chapter It: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant : Tom Reintges Phone:—..278-815-8916 Address: 75 Mason Street Apt.# 2 Floor 2 Owner; David Sheehan Address: 75 Mason Street Salem MA. 01970 Inspection Date: April 23, 2003 Time: 2:40 PM Conducted By: Jeff Vaughan Accompanied By: tenant,Bldg Insp Fire Insp. Anticipated Reinspection Date: `2�d electrical insp. Specified Time Reg.#410.. Violation(s) Due to health & safety complaints at this address an inspection as conducted in the common areas and a artment #2. The follow- ing were noted in a t.2: df .Ye,v f e# qs L✓o /S i cr: e i [,o,.6 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 documento festal importante. Puede qua afecte sus derechos. Puede adouirir una traduccion de esta forma sies necesario llama r- at telefono 741-1804. Appendix II (14) Legal Remedies for Tenants of Residential Housing The following is a brief summary of some of the legal remedies tenants may use in order to get housing code violations corrected : 1. Rent Withholding(Massachusetts 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. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health of safety and that your landlord knew about the violations before you were behind in your rent. You did not cause the violations and they can be repaired while you continue to live in the building. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. ( 1=or this, it is best to put the rent money aside in a safe place) 2. Repair and Deduct(Massachusetts General Laws,Chapter III,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations whichmay 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 the notice or to complete repairs within 14 days after notice, you can use up to four months rent in any year to make repairs. 3. RetaliaturyRent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186, section 18, and Chapter 239, Section 2A):The ovmer may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to try 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 damages or if he or she tries this. 4. Rent Receivership(Massachusetts General Laws Chapter U, section 127 C-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 limitation of four months'rent. 5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair& Deceptive Practices (Massachusetts 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. The information presented above is only a summary of the law. Before you decide to withhold rent or take any other legal action, it is advisable that you consult an attorney. If you can not afford to consult an attorney. you should contact the nearest legal services office, which is North Shore Community Action Northeast Housing Court Programs Inc. 2 Appleton Street 98 Main Street Lawrence, MA. 01840 Peabody, MA. 01960 (978) 689-7833 (978) 531-0767 CITY OF SALEM HEALTH DEPARTMENT ` Salem, Massachusetts 01970 Page ,_,2_Of Date:_ o- Name: Address: Specified Time Reg.#410.. Violation(s) el zz Rc war-+ N ✓Xi iCN c Page of Date: Name: Address: Specified Time Reg.#470.. Violation(S) aCITY OF SALEM9 MASSACHUSETTS ELECTRIC DEPARTMENT 44 LAFAYETTE STREET FORM 9& 10 SALEM, MA 01970 TEL. (978) 745-6300 FAX (978) 745-4638 STANLEY J. USOVICZ, JR. JOHN J. GIARDI, CITY ELECTRICIAN MAYOR TO: Tom ST.Pierre Superintedant of Public Properties 120 washington street SALEM, MASS. 01970 FROM John J. Giardi, City Electrician SUBJECT 75 Mason Street DATE February 2, 2004 Please be advised, City Electrician John J.Giardi, along with other city inspectors reviewed the site again to see if any improvements have been made in regard to safety issues. Over the past 3 years numerous violations have existed from the fire alarm system not working to numerous extention cords being used. The outlets in some rooms were punched in,some were pertruding from the walls. I am very concerned about the safety of all the occupants under these present conditions. If I can be of any further assistance to you please do not hesitate to call me at 978-745-6300 Sincerely yours J J. GI RDI City trician CITY OF SALEM9 MASSACHUSETTS xT BOARD OF HEALTH x � - rp� 120 WASHINGTON STREET, 4TH FLOOR a SALEM, MA O 1970 +� TEL. 978-741-1800 FAX 978-745-0343 STANLEY J. USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT Date: 2/2/04 To: Tom St. Pierre, Building Inspector From: David Greenbaum and Virginia Moustakis,Sanitarians RE: 75 Mason Street Tom, Based upon the inspection at 75 Mason Street it appears that none of the health code violations cited in previous inspections have been corrected, and that the condition of this property may have worsened over time. Attached is a partial list of health code violations noted during the inspection on Monday, February 02, 2004. If you have any questions regarding this matter please do not hesitate to contact the health department. 75 Mason Street Yard • Unregistered car still on property, as well as a motorcycle and propane tanks. 0 Floor Rear • Apartment was not habitable, there is no working stove and no running water. No heat. 1"Floor Front • No running water or working stove • Water dripping into apartment from second floor • Smoke detectors dismantled 2"d Floor • Stove had a work bench on top of it • Bath tub does not drain properly, several inches of standing water leaking to first floor 3'd Floor • No working stove • Ceiling is falling • No separate, sanitary bathroom facilities C-RIMINAL-r.Q PLAINT I 0336CR003260 Trial Court of Massachusetts - LMASON Salem District Court AVID ulf T 01970 TO ANY JUSTICE OR CLERK-MAGISTRATE OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR - 03/21/1951 M U XXX XXX The undersigned complainant, on behalf of the INCIDENT REPORT# SOCIAL SECURITY# Commonwealth,on oath complains that on the date and at the location stated herein the defendant did commit the - offense(s)listed below. DATE OF OFFENSE PLACE OF OFFENSE 05/15/2003 SALEM COMPLAINANT POLICE DEPARTMENT ST PIERRE, THOMAS SALEM PD DATE OF COMPLAINT RETURN DATE AND TIME 09/19/2003 02/11/2004 9:00 AM COUNT-OFFENSE 1. 777777 MISCELLANEOUS CODE OF MASS REGS VIOLATN on 05/15/2003 did FAIL TO HAVE REQUIRED INSPECTION,in violation of 780CMR Code Mass.Regs. §115.6. COUNT-OFFENSE COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon. SAMUEL E ZOLL ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X c +I� CITY OF SALEM9 MASSACHUSETTS BOARD OF HEALTH s 120 WASHINGTON STREET, 4TH FLOOR 1t SALEM, MA 01970 gB4p' TEL. 978-741-1800 FAX 978-745-0343 STANLEY J. USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT November 21, 2003 David Sheehan 75 Mason Street Salem, MA. 01970 Dear Mr. Sheehan: Our office received a complaint regarding someone occupying your property located at 77 Mason Street, Salem. This building does not have a Certificate of Fitness issued from this Office. Any temporary or permanent occupancy for this building is a violation of this City Ordinance. Please call if you have any questions regarding this issue. This letter is also sent as a reminder that you have a pre-trial hearing set for February I I' for building, health and fire issues at your property located at 75 Mason Street. Sincerely, Jeff Vaughan Sr. Sanitarian Salem Board of Health Cc: fire prevention, bldg. Insp. co � Q w 0C3 $ j W N N US 'P uj� 3 m , coo v CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 October 27, 1998 Fax: (978)740-9705 David Sheehan 75 Mason Street#2 Salem, MA. 01970 Dear Mr. Sheehan On September 29, 1997 at 3:45 P.M., Inspector Jeffrey Vaughan inspected the apartment at 75 Rear Mason Street with owner David Sheehan. At that time, the tenant Doreen Wear had vacated the premises. Violations still existed from the September 16, 1997 inspection report. On September 30, 1997, Assistant City Solicitor John D. Keenan dismissed the case in Salem District Court. David Sheehan was warned and understood that he needed a Certifcate of Fitness before renting this apartment. On October 20, 1998, an on -site inspection was conducted of apartment #1 and the basement. At that time Health Inspector Virginia Moustakis met with Mrs. Wear's son who told inspector the apartment was never vacated and has been continuously occupied. Such occupancy is in violation of the above mentioned court complaint regarding this property, both being in direct violation of a court order. David Sheehan and Mrs. Wear are to contact this office within three(3) days of receipt of this notice to schedule a reinspection. Thank you. Fo the Board of Health : Reply to: �_� � - Joanne Scott Virginia Moustakis Health Agent Senior Sanitarian cc: Assist. City Solicitor John D. Keenan, Fire Prevention, Electrical Dept. Plumbing/Gas Inspector, Building Inspector & Councillor S. Hayes Delivered in Hand by Constable Virginia Moustakis on Tuesday, October 27, 1998 to David Sheehan and tenant Doreen Wear JS/sjk c-vmmason k CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO September 4, 1997 NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 David Sheehan Fax:(508)740-9705 75 Mason Street Salem, MA. 01970 Dear Mr. Sheehan : In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter It: Minimum Standards of Fitness for Human Habitation, a reinspection was conducted of the property located at 75 R. Mason Street Apt.#1 occupied by Doreen Wear conducted by Virginia Moustakis, Senior Sanitarian on Tuesday,September 2, 1997 at 8:00 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. 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 Salem District 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 or 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. 7Fo he Board of Health: Reply to: 'i�1 - �tdam.. anne Scott Virginia Moustakis Health Agent Senior Sanitarian cc: Tenant, Fire Prevention, Building Inspector, Plumbing/Gas Inspector, Electrical Inspector& Councillor S.Hayes Certified Mail #Z 396 782 702 JS/sjk<-»n malar Page 1 of �Z' SALEM HEALTH DEPARTMENT 9 North Street Salem,MA 01970 State Sanitary.Code,-C�aprter 11:105 yCMR 410.000 Wtimum Standards Fit of ness torHtfl Habitation Occupant: PaQEFN P Phone: `IY0-- /0/y Address: 75 R, 9nQSo-n Sf Apt. / Floor. Owner. , PA L)/,/) .St1FF AN Address: 'W- MASet7i S7 SAZS-at, /N q 0l9'JD 6?- q.7 $ 86-97 Inspection Date: 7-a-97 Time �S.`6a Mrl Conducted By: v./'' Ai Yty;ya Accompanied By: mmrl'yrc Anticipated Reinspection Date: Specified Reg of Violation Time 410. s . N e' T evcke t e,�' �m P 7/ in dPS Q p 2. sa /eee _ o re777 ce Z 411 /l/d Ile,II P/y DirD.C' %P7�/+t/4 (9[�S/(1' F/?bn? (,7,COkT7Nt°.✓IT 7TH r /✓ ._J' i2 / Oc r 3 0 aC — / o xu /Nv(s P v✓row �quc/nFS One or more of the above violations may endanger or materially impair Fe t PQ,7V)b rvy yy+T wvr the health, safety and well-being or the occupants(s) u y ova u ooh uy oea 2 e r az Code Enforcement Inspector Este es un documento legal imporlante. Puede que afecte sus derechos. Puede adquinruna traduccion de esla forma. Legal Remedies for Tenlants of Residential Housing lie following Is a'brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1: Rent wthholdine(Massachusetts General Laws,Chapter 239,section 8A):If Cale Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you.were behind in, your rent_ B. You did not cause the violations and they can be repaired while you continue to live in the building. C.You are prepared to pay any portion of the rent' court if a judge orders you to pay it (For this it is best to put the rent money aside in a safe place.) 2: RRrrnair and D6du t('Massachusetts General Laws,Chapter 111, section 127L):The law sometimes allows you to use your rent >. . . money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,wfety,.orwelt-being,and your landlord has received written notice of the violations. you may be able to.trse this remedy.If the,owner,fails to begin necessary repairs(or to enter into a written contract to have theme made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent ituang year to make the repairs._ I Retaliat=Rent In==or Evictions Prohibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239 section 2A):3be owner may not increase your rent or evict you in retaliation for making a complaint to your local code- enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after.youhave made the complaint:he-or she.will.have:to show a good reason for increase or eviction which.-is.unrelated to your complaint..You may be able to sue the landlord for damages of he or she tries this. 4. R -iitRRec?ivership(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may petition the Districf.or Superior Court to allow rent to be paid into.court rather than to the owner.The court may then appoint a. "receiver"who may spend as much of the rent money as is needed to correct the violation:The receiver is not subject to a spending limitation of four months'rent 5. Breach of Wammty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your.: dwelling unit does not meet minimum standards of habitability. 6. l Jnfair and Deceptive�rs(Massachusetts 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. The information presented above Is only a summary of the law. Before you decide to withhold your rent or take any other legal action,it is advisable that you consult an attorney.If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St Lynn, MA 01902 (617) 599-7730 nage R_of SALEM HEALTH DEPARTMENT v 9 North Street Date: 9-a Salem-MA 01970 Name: peep" 6,6.z 0 Address: '76-- A2 7Y7a tor, s Specified Reg a Violation Time 410. . . . e7-O � 3 s/ & Gy?d flRS L -4Z, 11 Til !� N f Sa ?rip pv 35-/ S 'Z 1~ 3S-1 7 SeI22M c - us T .t�� p 2 r✓ -2 - - .0 aeleu A,07' —/ Of a US e / — T !I It 11 oZ 9 No / v 7 N yI1 P S O PP LS Q 3 /0 / of r ti C P�II ee N P_ ki, 9 771A2,C on 4-ls 9 7 r 6,e /✓ oa P ,, &Qll ok l(> L S ec,- LU//�/N9 � d'�J6`G7D.G' iv 2r! Cl/Ll�1uJ1�L 0,� rage ui SALEM HEALTH DEPARTMENT 9 North Street bate: Satern-MA 01970 .4 Name: Address: Specified Reg # Violation Time 410. . . . f' 'M oo CITY OF SALEM9 MASSACHUSETTS a3v a.S! BOARD OF HEALTH i` 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAx 978-745-745-0343 STANLEY J. USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT Date: 2/2/04 To: Tom St. Pierre, Building Inspector From: David Greenbaum and Virginia Moustakis,Sanitarians RE: 75 Mason Street Tom, Based upon the inspection at 75 Mason Street it appears that none of the health code violations cited in previous inspections have been corrected, and that the condition of this property may have worsened overtime. Attached is a partial list of health code violations noted during the inspection on Monday, February 02, 2004. If you have any questions regarding this matter please do not hesitate to contact the health department. 75 Mason Street Yard • Unregistered car still on property, as well as a motorcycle and propane tanks. I" Floor Rear • Apartment was not habitable, there is no working stove and no running water. No heat. 1" Floor Front • No running water or working stove • Water dripping into apartment from second floor • Smoke detectors dismantled 2"d Floor • Stove had a work bench on top of it • Bath tub does not drain properly, several inches of standing water leaking to first floor 3 d Floor • No working stove • Ceiling is falling • No separate, sanitary bathroom facilities gF 3 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO September 9, 1997 nNINE fORTH STMEET HEALTH AGENT - :4 Tel:(558)741-1800 David Sheehan -<Fax:(UM)740- 5 75 Mason Street C M Salem, MA. 01970 nm __j r— t Dear Mr. Sheehan : 5 zp m 3_1 3 In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 10!E MR V9.00; —4 State Sanitary Code, Chapter I: General Administrative'Procedures and 105 CMR 410.00: Stat"anitary°Code,' Chapter It: Minimum Standards of Fitness for Human Habitation, a reinspection was conducted of the property located at 75 R. Mason Street Apt.#1 occupied by Doreen Wear conducted by Virginia Moustakis, Senior Sanitarian on Tuesday, September 9, 1997 at 8:10 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. 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 Salem District 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 or 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. V f Health: Reply to: Virginia Moustakis Senior Sanitarian cc: Tenant, Fire Prevention, Building Inspector, Plumbing/Gas Inspector, Electrical Inspector&Councillor S.Hayes Certified Mail #Z 396 782 706 JS/Sjk c-.h miee Page 1 of SALEM HEALTH DEPARTMENT 6 North Street - - Satem,L4A 01970 '�4��'• State Sanitary;Code, Chapter ll 105 CMR 410.000 Mliimum Standards ef V"s4 s iorWuinan Habitation Occupant: Phone: Address: Z - -'f- L[[ I,S,n,2 Sfi Apt. Floor Owner. 2,41,110 c S dwaZE4 ¢/✓ . Address: - 7S4114a,Eo4 7`- 5 4�.flr Q 01(27e Inspection Date: 7 _ Time. g�' /O Conducted By: 62asnysl,S Accompanied By: Yzit/Q,,,n7 S Sd t) Anticipated Reinspection Date: Specified Reg # Violation Time 410.'. . . - - S� N !/ ,V N /t/ k G . � N GV1GG m�c A[dn9 uimt C4�td�oe 7, //I�orV /^ SPT i va LLe r S//tii eur ,2aLLaCV 4,07- v /,S 13Z cov,eezr�a ,ee LL One or more of the above violations may endanger or materially impair /s the heafth, safety and well-being or the occupants(s) 2, Code Enforcement Inspector Este es un documento legal impodante. Puede que afecte sus derechos. Puede adquirimna Iraduccion de esta forma. SPP , e1X 11(14) Legal Remedies for Terua�ts of Residential Housing Tire following Is a brief summary of some of the legal remedies tenants may use in order to get housing code violations corrected: 1: Rent wthholdin¢(Massachusetts 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 dwelling unit or common areas contain code violations which are serious enough to endanger, or materially impair your health or safety and that your landlord knew about the violations before you were behind in- yourient- B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this,it is best to put the- rent money aside in a safe place.) 2 Rapair nd D n ret(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,.or welt-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 writ=contract to have theft made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rcat in:any year to make the repairs. 3: T2eraliatorvRe^t Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186, section 18,and Chapter.239,;;. section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to 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 damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-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 limitation of four months'rent 5. Breach of Warranty of Habitability: You maybe entitled to sue your landlord to have all or some of your rent resumed if your- dwelling unit docs not meet minimum standards of habitability. 6. tlnf iT and nd D_ecro iv -Practices(Massachusetts 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. The information presented above is only a summary of the law. Before you decide to withhold your rent or take any other legal action,it is advisable that you consult an attorney. If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St Lynn, MA 01902 (617) 599-7730 a 3 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO September 9, 1997 NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 David Sheehan Fax:(508)740-9705 75 Mason Street Salem, MA. 01970 Dear Mr. Sheehan : In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 416.00: State Sanitary Code, Chapter It: Minimum Standards of Fitness for Human Habitation, a reinspection was conducted of the property located at 75 R. Mason Street Apt.#1 occupied by Doreen Wear conducted by Virginia Moustakis, Senior Sanitarian on Tuesday, September 9, 1997 at 8:10 A.M.. Notice: if this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. 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 Salem District 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 or 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. 7annh a Board of Heal h: Reply to: e ScottVirginia Moustakis Agent Senior Sanitarian cc: Tenant, Fire Prevention, Building Inspector, Plumbing/Gas Inspector, Electrical Inspector&Councillor S.Hayes Certified Mail#Z 396 782 706 JS/sjk c w man Page 1 of SALEM HEALTH DEPARTMENT 9 North Street Salem,MA 01970 State San":Code."ter11 ios CMR 410.000 Minimum Standards of Fttness forWurt an Habitation Occupant: L6ZW P /(J o o i2 Phone: 1'4,1- Address: '4D-Address: 7As /Q- -27)/Y Sa� 3fi. Apt. _� Floor Owner. 2,4t,11/7 c S/ j A--/✓ . Address: 2S-/4QSnt4 �7- nn y�11�f�'Y/� 7YIQ rl/Q'j0 e}�- Inspection Date: 9- 4 q 7 _ Time 4', /O AIN Conducted By: i 0a-2rzi/St,s Accompanied By: 1-;t-/t/arn%S ,SOMI Anticipated Reinspection Date: Specified Reg # Violation Time 410. : . /V0 7V) _N N a , U N L. k G_ N JL,6 RK d116rr9 ui/rif urd�ae 7a �IA-rrvTd%^! ct�T ins d CLc�c�, cSA•�/i— AZOIYM P_arl N �C 0� rt /'� N Cq i e P N P UUNG 42 n�rrs MCjt- / CoP.P_tZIaXJ ErO.QP Q, 1 One or more of the above violations may endanger or materially impair rs the heafth, safely and well-being or the occupants(s) Code Enforcement Inspector Este es un documento legal importante. Puede que afecte sus derechos. Puede adquinruna traduccion de esta fora. ' Tr,, raaF �PP.�ItiDIX H(14) Legal'Retnedies for Temnts of Residential Housing The rollowing is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1: Rent Withholdiap(Massachusetts 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 dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in, your rent B. You did not cause the violations and they can bo-'repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge order: you to pay it (For this,it is best to put the- mut money aside in a safe place.) _ 2: Rrpair and DrAir t(Massachusetts General Laws,Chaptdr 111, section 127L):The law sometimes allows you to use your rent , money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,.or welt-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 therfr made)within five days after notice or to complete repairs.within 14 days after notice,you can use up to four mouths'rent in;any year to make the repairs. 3: R aliatory Rent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186,section 18,and Chapmr.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.ff the owner raises your rent to tries to evict within six months afteryou have made the complaint,be-or she.will:have.to-show.a good.reasonfor the increase or eviction which is.unrelated to your complaint.You may be able to sue the landlord for damages of he or she tries this. 4. Rent Remivershlp(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow real to be paid into court rather than to the owner.The court may then appoint a. "receiver" who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent 5. Breach of Warranty of Habitability You may be entitled to sue your landlord to have all or some of your rent returned if your- dwelling unit does not meet minimum standards of habitability. 6. Unfair and DecPn ive Pm ti es(Massachusetts 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. The information presented above is only a summary of the law. Before you decide to withhold your rent or take any other legal action,it is advisable that you consult an attorney. If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St Lynn, MA 01902 (617) S99-7730 0(9,�4D,,mvoo Tito IIf �ttlent, Aussar4usetts ipublic 11rapertq i9epartment Nuilbing Ilepartment (One 6alem (Breen 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 5 , 1997 David Sheehan 75R Mason Street Salem, Mass . 01970 RE : 75 Mason Street Dear Mr . Sheehan: Per the request of the Health Department , I conducted an inspection at the above mentioned location and the following violations were found: 1 . Kitchen ceiling in rear apartment must be repaired. 2 . The property has three ( 3 ) legal dwelling units per my records , you have an illegal fourth (4 ) unit . You must apply to the City of Salem Board of Appeals to legalize said unit, or stop using said unit . 3 . Smoke detector needs to be installed per Fire Prevention and building codes . 4 . Repair exterior light fixture at rear apartment . 5 . Replace all broken glass . 6 . Remove washing machine in rear yard. 7 . Clean all debris from yard and all overgrowth of grass and weeds . 8 . Oil burner must be removed (unsafe) . 9 . Remove oil tank from basement . 10 .Repair all Health and Fire and Fire Department violations . Please notify this department within fifteen ( 15 ) days upon receipt of this letter, to inform us as to what course of action you will take to rectify these violations . Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sincerely Leo E . Trembi Inspector of Buildings LET: scm cc: Health Department Fire Department Councillor Hayes , Ward 6 of ttlrm, fttssar4usetts Public Propertg Department +fuilbing Department (One t3atem (4reen 500-745-9595 Ext. 3011 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer 03/01/95 David Sheehan 75R Mason Street Salem, MA 01970 Dear Property Owner: The following notice is in regard to your property located at: 75R Mason Street, Salem, Mass. It is your responsibility to have snow and ice removed from your sidewalk within six (6) hours after the snow ceases to fall. Failure to do so will result in a fine being posed on your property. Please contact this office upon receipt of this letter as to your course of action. Leo E. Tremblay Director of Public Property 311lp� CITY OF SALEM BOARD OF HEALTH tr- N Salem, Massachusetts 01970-3928 CT') JOAN COTT;MPH,RS,--CHO NINE NORTH STREET LTH�AQENT:, Tel:(508)741-1800 March 3,1995 GD n j U Fax:(508)740-9705 David`Sheehan u- 75 Maion Stew Salem Ma. 01-970 U Dear Mr. Sheehan In accordance with Chapter 111, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an reinspection was conducted of your property located at 75 Rear Mason -Street occupied by Roberta Dithomas conducted by Virginia Moustakis, Senior Sanitarian on March 1, 1995—at-14:15 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. 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 Salem District 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 or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health Reply to: nne Scott z Virginia Moustakis Health Agent Senior Sanitarian cc:Fire Prevention, Plumbing/Gas Inspector, Building Inspector,Councillor Sally Hayes, Electrical Department Certified Mail#Z 369 689 481 JS/sjk Page 1 of SALEM HEALTH DEPARTMENT 9 North Street Salem,MA 01970 State Sanitary Code, Chapter If: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: /rnQA�/1)nre/_ 7/ �f�S Phone: Address: 7�)Pi/,Q / l RS rn ST Apt. 1,,e- Floor Owner. _ -PA111a Address: 7d- A& Inspection Date: 3-/- 95- Time: //.' /sem Conducted By: V#auS K!S >71� Accompanied By: 7- f<-Wlrlj1 f/L�ZjP, Anticipated Reinspection Date: Specified Reg# Violation Time 410. . . . E- Oy! 'V /V S N ;r E N d C-o ,P W, L - II/ SrD i P f '*Wzl Sk,�le tP v ti G t .r GI tc:� O ✓ r+/ One or more of the above violations may endanger or materially impairr, /� Ce"dcx--�-ZZ � the health, safety and well-being or the occupants(s). �- '///��/l �/�J� ' ��FirrprF �sut�• 64e'/'lam U/ Code Ento cement Inspectorjf V6r'� cc: 77erL 7epr Este es un documento legal imporlante. Puede que afecte sus derechos. ur�A/ oGp Puede adquirimna traduccion de esta forma. V'5 _pt pr Gum L3/lvq (ya-P�('d✓ ver�c0 R APPENDIX II(14) Legal Remedies for Tenants of Residential Housing The following Is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1.. Rent W41iholdin (Massachuseus 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 dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B. You did not cause the violations and they can be repaired while you continue to 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.) 1 2. Ren it nd D d,ct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice 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. 3. Retaliatory Rent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186, section 18,and Chapter 239, section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to 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 damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-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 limitation of four months'rent_ 5. Breach of Warranty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and Deceptive Practices(Massachusetts 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. The information presented above is only a summary of the law.Before you decide to withhold your rent or take any other legal action,it is advisable that you consult an attorney.If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St. Lynn, MA 01902 (617) S99-7730 C 4 B 3 fro CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT March 3,1995 1Tel:(508)741-1800 Fax:(508)740-9705 David Sheehan 75 Mason Street Salem, Ma. 01970 Dear Mr. Sheehan : In accordance with Chapter 111, Sections 127A and 1276 of the Massachusetts General Lavas, 105 CMR 400.00; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter It: Minimum Standards of Fitness for Human Habitation, an reinspection was conducted of your property located at 75 Rear Mason Street occupied by Roberta Dithomas conducted by Virginia Moustakis, Senior Sanitarian on March 1, 1995 at 11:15 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. 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 Salem District 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 or investigation reports, orders and other documentary infan m ation in the possession of this Board, and that any adverse pal ly has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Hea�ltth� Reply to: nne Scott Virginia Moustakis Health Agent Senior Sanitarian cc:Fire Prevention, Plumbing/Gas Inspector, Building Inspector,Councillor Sally Hayes, Electrical Department Certified Mail#Z 369 689 481 JS/sjk �y Page 1 of-�— `� SALEM HEALTH DEPARTMENT 9 North Street Salam.MA 01970 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: /TnD6t /1rnnr// 7/ 4 k2222[;S Phone: Address: APS p /�'/RSan Sr Apt. /A- Floor Owner -7�Avlc Address: ;.f &aLO7e Inspection Date: 3/- 9S Time: //' /sAn) Conducted By: VAY1154ilklS IQV rV -M Accompanied By: 77X i✓77- Y-zj�r4 7rl,CI146 P Anticipated Reinspection Date: Specified Reg# Violation Time 410. . . . E- OY1 L/ /V a ,s d� E N D (/ d,C C,404,17A/ l S rD JA 7 /A✓10hM P ri/ j zVSki P f iv ti G Vopl,4P 75 ",777 e 44W g ,ef0 ✓ One or more of the above violations may endanger or materially impair r `CnnC,4nc((-�V (j ` e the health, safety and well-being or the occupants(s). /S�il L�1Y� Fm P✓ 7 Gf VD a C�Fi,PrlFiCrP/b' ,lsrue7,�. Code Enfo cement Inspector RC7EK��r✓ Este es un documento legal imponanle. Puede que afecte sus derechos. Puede adquidruna lraduccion de esta forma. Gu/nl3//vg a� W,q pcf('�v C.r Qc0 R 1 APPENDIX 11(14) Legal Remedies for Tenants of Residential Housing The following Is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1. Rent Withholding(Massachusetts 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 dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it (For this, it is best to put the rent money aside in a safe place.) 2. Repair and Dedue (Massachusetts General Laws,Chapter 111, section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice 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 m 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. 3. Retaliatory Rent Incm=s or Evictions Prohibited(Massachusetts General Laws,Chapter 186, section 18,and Chapter 239, section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to 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 damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-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 limitation of foto months'rent 5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and Deceptive Practicrs(Massachusetts 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. The information presented above is only a summary of the law. Before you decide to withhold your rent or take any other legal action, it is advisable that you consult an attorney. If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St. Lynn, MA 01902 (617) 599-7730 1E` �� � � pr1 �� . {` �`f aa ilA^� A r; ' —`_ t , '�e ', �� � � � � �� !„� �,; ' � ,�; -�.4 FV�Aa� w.. � F � '� � 1 �1'^w.S r \� w ir'r„ r'¢�bb�, , ,� �� ,_c ± w�,z pl 1%f ,L„ � �. _�J '�„q� "� r. � r, � ..�' ��b� � rt { ` r= Cay, F ri '`��, � � s 1i�! p � 3 � g �, n `� „M� r �` �+ � ty 1yy'���7 MryY,er `5� x,11 ,: � "�i1���T:F . �.'� �i � *.. � \A moi' Y ` !!s��. x. i ♦ 53;. y o. � � � u i��-` � e s b'b' '.,�� a*' t�,� 4• h. 672 442 %No. !2-I % 09:46Ai1 I.J2e Pte.= 1.ti t•.r�� ,. r y5V Y+. N� A kti >t j Jjr r ' § ' a c M r ��� .�`�ltd• b? .42 c;,o. o; 12. 33. a7 3. :466,*; L206 O1*20/04 17:00 FAX 978 745 0737 JUDGES LOBBY 2002 u { A G Ii COMMONWEALTH OF MASSACHUSETTS � Essex,ss. P Trial Court of the Commonwealth District Court Department Salem Division i Docket No: 0336 CR 3260 Commonwealth z vs_ David A Sheehan, ,. Defendant 4 c Findings,Rulings and Pre Trial Probation Supervision Order: C On September 19, 2003 the Commonwealth acting through the City of Salem's Code " Enforcement Officers criminally complained against the defendant property owner as to alleged i safety,fire and code violations being maintained by said defendant upon premises located at 75- 77 Mason Street in that city. The defendant was arraigned on January 2,2004 regarding said complaint and represented to the _ Court that he would obtain legal counsel,said to be Attorney Skerry.At arraignment and based upon a series of health, fire,building and safety violations alleged to be maintained on the premises according to the City of Salem,the defendant was given a series of pre trial probation conditions,in writing,to be complied with. i; 'i The matter was continued to January 16,2004 by the Court for appearance of counsel for the defendant and for pre trial hearing including confirmation of pre trial probation conditions. On January 16,2004 the matter was further continued by the Court to January 20,2004, On Jan 20 2004 the defendant n January again appeared in Court without legal counsel and again the City of Salem's Code Enforcement Officers recited a litany of code violations upon the premises j! which, if verified would represent serious health,fire,building and safety risks to the occupants ' of the property,the neighborhood and public safety personnel in the event of a fire or other incident upon the premises. h Based upon facts set out at the January 20,2004 hearing,Court was recessed so that a view of . the property might be taken with all parties in interest present. I• That view was conducted on January 20,2004 with the defendant,the City of Salem's Fire and Building Inspectors,a police sergeant from the Salem Police Department and the assistant chief court officer of the Salem District Court. An inspection of the premises by the Court found a series of health,safety,building,zoning, electrical, plumbing and fire violations being maintained upon the premises. In addition,finding I, t1 j 01*20/04 17:00 FAX 978 745 07.37 JUDGES LOBBY X1003 t R -two- r�r 4 is now made that the premises in their present condition represent a threat to the safety of the 4 occupants,neighborhood and public safety personnel who may be called into any incident on the property- Based upon said findings made and after a view of the promises,the Court's prior pre trial probation conditions are amended and added to with the following conditions of pre trial lei probation in this matter now being ordered; A. ,As to 77 Mason Street: 1. Until this property's use and occupancy zoning is complied with by the defendant owner, all current non-residential use and boon premises i; occupancy of said res shall cease forthwith. 2.No persons shall reside upon or work within the premises until further order of Court. 3. The premises shall be secured and posted by the City of Salem that there shall be no trespassing and no use or occupancy ofthe building pending the defendant's compliance with all I` zoning,building and code enforcement regulations applicable to the premises. E 4. There shall be no gasoline,propane or hazardous substances stored upon the premises in j; violation of any city ordinance or state law. j5. Prior to securing and posting this building,the Salem Fire Department shall inspect it to be certain that there are no items on the premises or unattended utilities on the premises that will present any type of hazard once the building is secured and posted by the City of Salem's Building Department a B. As to 75 Mason Street: , 1.All extension cords improperly and illegally running between units of the building or between r 75 and 77 Mason Street shall be disconnected and removed immediately. i. 2. The premises shall comply with both the state building code and municipal ordinance regarding minimum standards for all lawful entrance and egress ways on the premises and throughout, including adequate,approved fire escapes. The current front stairway leading to all s units in the building shall immediately be cleared of all debris and improper doors impeding its i± use and passage. 3. The premises shall be equipped with working smoke detectors per Salem Fire Department and state regulations applicable to the premises.No smoke detectors upon the premises shall be tampered with or disabled by the defendant or any occupant of the premises. �j 01Y20/04 17:00 FAX 978 745 0737 JUDGES LOBBY 2004 rt k utl6G' n 4.No illegal space heaters shall be connected to or used on the premises, including gas oil electric or propane. Kitchen cooking ranges shall not be used as a sole means of domestic heat source in any unit of the property. 5. The premises are currently said to be zoned by the City of Salem as a three family residential unit. In compliance with the same,there shall be no separate residential unit occupied or j maintained within the third floor attic of the premises. Further,there shall be no business, I' commerce or trade conducted upon the premises in violation of said zomring designation. U i' 6 All plumbing and fire safety violations associated with the furnace unit shall be corrected i` forthwith. e 7. Any structural,plumbing,electrical or heating work to be performed on the premises shall only be so conducted by he defendant-owner or persons or entities acting on his behalf in compliance with applicable federal,state and municipal codes and shall only be commenced and completed with proper permitting issued by the City of Salem. C: C. As to both Dations. 1. There shall be no un regi stered motor vehicles stared upon or within either premises in violation of either state law or municipal ordinance. h ti v 2. There shall be no automotive or truck repairs conducted upon the premises in violation of either state law or municipal ordinance. i' 3. There shall be no fuels improperly stored outside or within either premises including gasoline, r propane, camping or lighting fuels. I' Because of the serious nature of the violations found on the premises, as to 77 Mason Street,this ii pre trial probation order shalf be carried out forthwith by the defendant and the City of Salem. As to 75 Mason Street,those items deemed to present an immediate life safety threat to persons p within the premises,public safety personnel or the public at large shall be corrected immediately as ordered by the City of Salem's officers and agents_ Ji Any other corrective measures or improvements to the property requited to be carried out for is code enforcement compliance shall be done within the discretion of the City of Salem's Officers and Agents within thirty(30)days hereof. I . Ii 1 I: ti p; 01-x'20/04 17:01 FAX 978 745 0737 JUDGES LOBBY Q005 C -four- k This matter shall next be heard by the Court on February 3,2004 at 9:00 am. at the Salem District Court. In the interim, should the City of Salem require a further hearing in this matter, the same may be brought forward earlier for hearing by the Court. ; r r I' Ip All until further order of Court: I� /s%Hon. Robert A. Cornetta, January 20,2004 Justice a �g i I! I' i. I' I' d 1 I COMMONWEALTH OF MASSACHUSETTS Essex ss 4 Trial Court''of the Cofnmonwealth "gD*t tC •/�t a v;. ._..may �+. •` 1 f - - mpartment AIR OPYi-AI EST: ONW�urtDe orF 7f t. �/ � et o_ CR 3260 Commonwealth GLEPWMAGISMAML ' CLE r` ,. ATE vs. David.Sheehan, Defendant Further Pre Trial Order: This matter appeared before the Court on February 3, 2004, being its third such appearance since the defendant was arraigned on January 2, 2004. The Commonwealth's complaint alleges a series of health, fire, safety and building code violations upon premises located at 75-77 Mason Street in the city of Salem and owned by the defendant David Sheehan. The defendant has been issued a series of orders both by the city of Salem and by this'Court;tVJ bring the premises into compliance. (see this court's prior written ordersdated`Januar "2' 2004,.] and January 20,2004). In addition, the Court conducted a view-of�the'pfemises on,January20p ; 2004. The city of Salem's health, fire and building inspectors have appeared in Court once again to report that the premises continue to pose a serious threat to the health, welfare and safety of any occupants and to the community as a whole based upon on-going code violations found there. Finding is now made, after hearing and physical view of the premises that in fact the city's complaints regarding the buildings' condition are well founded. On January 20, 2004 the premises at 77 Mason Street were ordered evacuated, inspected and secured. The city has accomplished the same. Since the premises at 75 Mason Street represent the defendant's dwelling place, he was afforded until February 4, 2004 to comply with those outstanding orders covering the premises. As of that date, it is now apparent that the defendant is either incapable or unwilling to so comply and yet, the violations continue to exist as does their threat of serious harm. Accordingly, after hearing today,the following is now ORDERED as to premises at 75 Mason Street, Salem, Massachusetts: , 1. Pursuant to the request of the city's health department, said premises are to be condemned as of 10:00 a.m., February 5, 2004 as unfit for human habitation. Said condemnation is further -two- supported by numerous building, zoning, fire, electrical and plumbing violations being maintained upon the premises. 2. All persons found on the premises shall be escorted off of said premises by the city of Salem Police Department together with their personal belongings which they can carry with them. Persons made homeless by this order and who otherwise have no where else to live, shall be referred to the Crombie Street shelter by the police for housing. 3. Any pets found on the premises and not otherwise claimed by their owners shall be taken up by the Salem Health Department and referred to an appropriate humane shelter. 3. The premises shall be inspected by the Salem Fire Department to assure there being no outstanding fire hazards remaining on the premises which might erupt while the building is locked, boarded and posted by the city of Salem. 4. The Salem Building Department shall then secure and post the building as having been condemned and unfit for human habitation. Thereupon, no person shall dwell in or occupy the premises except by order of Court and after compliance with orders of the city of Salem regarding outstanding violations found on the premises. No work shall be done on the premises unless and until the proper permits therefore have been applied for and issued by the city of Salem. All utilities servicing the premises shall be secured. 5. The owner thereof may go onto and into the premises for purposes of removal of personal property and/or to show the premises to prospective contractors or purchasers only during the hours of 9:00 a.m. and 4:00 p.m. and only after advance notice to the building inspector of the city of Salem. Any such entrance or egress upon or within the premises by the owner or third persons shall be at their own liability and peril. Otherwise the premises shall be secured. 6. The city of Salem's city solicitor shall immediately commence a petition for legal receivership of both premises for purposes of a final resolution to the condition of the buildings and violations found thereat and the owner/defendant shall be afforded all due process by said city of Salem and which is attendant to such proceedings. This matter is now scheduled for further pre trial by the Court on March 5, 2004 for a status report as to the parties compliance with this order. February 4, 2004 By e Co rt: C�, Copies: City of Salem /s/ Hon. Robert A. Cornetta, District Attorney Justice Defendant