3 ROSLYN STREET - BUILDING INSPECTION f ' ' `'3 -Roslyn .St,reet - - �k
Citp of 4aYem, j41aggarbu!6ettg
Public Propertp Department
3guilbing Department
One balem Oreen
(976) 745-9595 Cxt. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
June 24, 1999
Emil C. Pelletier
9813 Ginko Drive
Pensacola Fl. 32506
RE: 3-5 Roslyn St. Court
Dear Mr. Pelletier:
On Wednesday, June 23, 1999, at the request of Salem Health Department, I inspected
the apartment located at 5 Roslyn St. Court. This unit has two (2)bedrooms in the
basement. Theses bedrooms do not meet Massachusetts Building Code 780 CMR,
Section 1010.4 regarding egress windows. Additionally there were no permits pulled to
create these bedrooms or the bathroom in the basement.
You are directed to cease the use of these rooms in the basement immediately. If you feel
you are aggrieved by this order, your appeal would be directed to the BBRS, State
Building Code Appeal Board.
We will also need to inspect the second floor and third floor room. Failure to respond to
these orders within (15) fifteen 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,
Thomas St. Pierre
Assistant Building Inspector
low
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
November 24,1993
Emile Pelletier
c%198 Locust Street and 3 Roslyn'Street Court
Danvers, MA 01923 Salem, MA 01970
Dear Mr. Pelletier:
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 It: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property
located at 3 Roslyn Street Court formerly occupied by Mr. DuFour conducted by Virginia Moustakis,
Sanitarian of the Salem Health Department on November 19, 1993 at 1:00 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 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 these violations in accordance with the
enclosed report.
Failure on your part to comply within the specified time will result in a complaint being sought against you in
Salem District Court.
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 HIE
REPLY TO
R ert E Blen om, C.H.O. Virginia Moustal is
H ith Agent Sanitarian
cc: Electrical Department Gas&Plumbing Inspector Councillor David B. Gaudreault
CERTIFIED MAIL P 871 581 401
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SALEM HEALTH DEPARTMENT
9 Noah Street
Salem,MA 01970
State Sanitary Code.Chapterll..,105,CMR 410.000
Minimum Standards cfF rages orUluman Habitation
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Code Enf6rcernent Inspector
Este as un documento legal importante. Puede qua afecte sus derechos.
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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
COII'eCLed:
`,,1.._Rentyabholding.(wassachgSettS Geaaal.Laws;thapter 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'ahe violations.and they Can be repaired while you codtinue to live in the building.
C. You are prepared to pay:any portion of thereat into court if a judge orders you to pay iL(For this,it is best to put the
rent money aside,in a safe place.).
2. R=k and Rrdnfd(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 dune 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 da after notice or to
days complete repaus within 14 days afierpg6ce,you can use ap to foot months rent in any
---year to mak8ahe repairs
'-3:-'R .alfa n.v Reat Iocieases orLvicti"e Prnbibiirvt(Massaehusetts General Laws,Chapter 186;section 18 and Chapter 239,
-section 24 The owner may not increase.your rent or evict you:inretaliation 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;vitt hate to sfioa,iigood reason.-fol the•increase or.eviction:which-is::unrebited to your complaint::.Y,ou
maybe able to sue the landlord for damages of he or she tries this.
4. Rent Receivetsbin - ' c — Board-of
(Massachusetts G�erai Laws,Chapfer l I;section 127 C-H):Ttie occupants and/or the Health may
y _- _petition the District or Superior-Court to allow rent to be paid intocourt rather than to the owner.lite 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 moutW rent
5. Breach of Warranty of Habi&lits You maybe 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. i Tnfa+r and tArrntiye 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 Mend St.
Lynn,MA 01902
(617)599-7730
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