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16 OAKLAND STREET - BUILDING INSPECTION 16 OAKLAND STREET uNo 153L° �qaT� HASTINGS, NN C itp of *aiem' '41aggarbU!5Cttq Public Propertp department �3uilDing Department One Salem Breen (976) 745-9595 ext. 360 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 16, 1999 Gary Lowe 105 South Street Portsmouth, N.H. 03801 RE: 16 Oakland Street Dear Mr. Lowe: I went by your property at 16 Oakland Street on November 15, 1999 and saw that you repaired the water problem. It was done to the satisfaction of this department. Thank you for your prompt action in this matter. Sincerely, rte & P6�-4 Frank DiPaolo Local Building Inspector Citp of *alem, 'ffiag!5arbUfSett5 �s Public Propertp Bepartment a Wuilbing 3Department One ba(ent Oreen (978) 7459595 ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 20, 1999 Gary Evan Lowe 184 Hunt Road Chelmsford, Ma. 01824-3722 RE: 16 Oakland Street Dear Mr. Lowe: Due to.a complaint by your neighbor, I did a drive by inspection of your property. The drain pipe is sticking out 4'out from the house and water is doing on your neighbors property and automobile. Please be advised to properly fasten the drain pipe in the correct fashion on the side of your house. Failure to respond to these orders within fifteen (15) days will result in legal action being taken against you in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Frank DiPaolo Local Building Inspector Cc: Councillor Hayes r � exar 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 December 6, 2002 Gary Lowe P.O. Box 4099 Portsmouth, NH 03802 Dear Mr. Lowe: In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 16 Oakland Street#1 occupied by Joan Rossi conducted by Sharon McCabe, Sanitarian on Friday December 6, 2002 @ 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 notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460:000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Board of Health at 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 in investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health Reply to: Joanne Scott Sharon McCabe Health Agent Sanitarian JSlmfp CERTIFIED MAIL: 7001 1140 0000 2746 0407 cc: Tenant I CITY OF SALEM, MASSACHUSETTS v4' BOARD OF HEALTH 3 120 WASHINGTON STREET, 4TH FLOOR � R SALEM, MA 01970 s TEL. 978-741 -1800 Qry�g FAX 978-745-0343 Page 1 of STANLEY USOVICZ. JIB JOANNE SCOTT. MPH, RS, CHO MAYOR HEALTH AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant : =;:�� r—1 Phone: "�Op Address: ^/Z& c\Mc\ S Apt.49 / Floor / Owner: Address: CV . .3crC YO 9 )J4 , Inspectic,n Uate:/, /E /oz 03e0_2' Time: Conducted P*(,--7Y Accompanied By: Anticipated Reinspection Date: 1/F I -jo.x-_c,, TC) cs r�U Specified Time Reg.#410.. Violation(s) ck7- \lJw — Vr 12, L I &E- 4 IAP \ cc — LZ One or more of the above violations may endanger or materially impair the th safety, and well being of the occupant(s) Code Enforcement Inspector CS Este es documento legal importante. Puede que afecte sus derechos. PuPelp winHirir una tradtinrion de esta forma sies necesario Ilamar al telefono 741-1800. 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 : I. 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. ( For 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 which may 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. 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 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 II, 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 trait 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 wdthliold 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 • f`!- �' Salem, Massachusetts 01970 Page 7—Of Dat1e::n Name: c� ��� \C Q�� Address: �!/J a� K.�ry-)C� Specified Time Reg.#410.. Violation(s) 1 Page of Date: Name: Address: Specified Time Reg.#410.. Violation(s) CITY OF SALEM, MASSACHUSETTS '� BOARD OF HEALTH I& i 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 ,� •-. TEL. 978-741-1800 0& FAX 978-745-0343 STANLEY LISOVICZ, JR. ,JOANNE SCOTT, MPH, RS, CHO MAYOR ;{EALTH AGENT REFERRAL NOTIFICATION Date: Building Inspector Electrical Department / Plumbing/Gas Inspector�C Fire Prevention Other Minimum Standards of Fitness for Human Habitation (State Sanitary Code: Chapter II ) Dear S 2oSS A recent inspection of the property at found the following violation(s), which may involve your department: r-\ P? �-LF� -?-'oZ ' '15-1 -\1\ 11-i'Z� The owner was notified of these violations in writing. We informed the owner that corrections may require a permit from your department. For the Board of Health: Owner info: `/ CO�JZ c-referral notification#3 cc " 6� CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,31D FLOOR ��"�raygN TEL. (978)745-9595 FAx(978) 740-9846 KINIBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER August 13, 2009 Gary Lowe 105 South Street Portsmouth N.H.03081 R.E 16 Oakland Street Mr. Lowe, This Department was called to your property to look at a tree in your yard that caused a recent power outage when it lost a limb. I had City Public Works Director,Dick Rennard,(a certified arborist) look at the tree. He stated that the tree was still viable but need to be trimmed by a Professional tree worker. While looking at the tree problem, I noticed the front and rear stairs were both in need of repair and or replacement. The main chimney is also in need of repair or replacement. State Building Code 780 C.M.R, section 5103 requires a building owner to maintain all parts and systems of a building in good condition. You are directed to secure the services of a competent individual, pull the necessary building permits and to begin repairing or replacing the stairs and chimney within 30 days of this notice. Failure to reply will result in municipal code tickets and possibly further enforcement actions.1f you have any questions, contact me directly. ThornA<S LPierre Building Commissioner/Director of Inspectional Services cc. Jason Silva, Councilor Prevey CITY OF SALEMI, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT y� 120 WASHINGTON STREET, 3RD FLOOR SALEM, MAO 1970 - TEL. (978)745-9595 EXT.380 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. MAYOR August 22, 2003 Gary Lowe 105 South Street Portsmouth, N.H. 03801 RE: 16 Oakland Street Mr. Lowe. This Department has received a complaint regarding a downspout that is directed towards your neighbor's property next door. The drainpipe has been directed in an obvious attempt to aggravate your neighbor. Therefore, you are directed to correct the drainpipe within 10 days upon receipt of this letter. If you have any question, please contact me directly. Since r Thomas St. Pieri�€�i�,- % Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Bencal Nov 03 99 09:53a Gary Lowe 6034317484 p. 1 November 3, 1999 Gary Lowe 105 South St. Portsmouth,NH 03801 voice phone: 603-431-7484 City of Salem,Massachusetts Building Department;fax: 978-740-9846 Attu. Mr. Frank DiPaolo Dear Mr. DiPaolo; I wanted to follow up my phone call this morning with this note to give you something for Your files. I just received your letter because it was addressed to my old residence and had been forwarded by the new owners. My new address is above. For this reason,I am going to be late in returning my rear gutter downspout to the design that I installed this fall. I will put the 90 degree elbow which was originally on the assembly back on the end of the horizontal extentiou that goes across my lawn on Monday,November 8th, 1999,per our discussion this morning. This will direct the water directly down onto my property,per the original design. It was there a month ago and the `vandals' that my neighbor Jerry always has alluded to in the past must have destroyed it again. (As I mentioned the `vandals'have mysteriously and repeatedly destroyed this downspout since I bought the property in 1979. My neighbor seems determined to not have me drain water on my property which abuts his,per the original design of the system. He seemed perturbed that I had riveted the new system together so well and told me so.) I'm glad that there is no code violation here because,if I were required to run the drain on the ground the vandals would surely destroy it again. I called directory assistance to try to gat Sally Hayes'number but there were multiple listings and,without her address or some other information,they couldn't help me. Please forward a copy of this letter to her. Thank you, Gary Lowe Nov 08 99 04:57p Gary Lowe 6034317484 p. 1 November 8, 1999 Gary Lowe 105 South St. Portsmouth,NH 03801 voice phone: 603-431-7484 City of Salem,Massachusetts Building Department;fax: 978-740-9846 Attn. Mr. Frank DiPaolo Dear Mr. DiPaolo; I riveted the 90 degree elbow which was originally on the gutter assembly back on the end of the horizontal extention that goes across my lawn today. This will direct the water directly down onto my property,per the original design. Please drop me a response to this confirming that you got it and that what I have done to remedy the `problem' is adequate. Thank you, Gary Lowe