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4 PROCTOR STREET - STREET FILE ` �pOND City of Salem, Massachusetts n n Board of Health 120 Washington Street, 4th Floor, Salem, PublicHealth ' MA 01970 Prevent. Promote. Protect. Kimberley Driscoll Tel. (978) 741-1800 Fax. (978) 745-0343 Larry Ramdin, MPH, REHS,CHO Mayor Iramdin@salem.com Health Agent December 14,2015 Scott Galber 15 Ice House Lane Essex, MA 01929 VIA CERTIFIED MAIL: 7013 3020 0002 1522 7993 Dear Sir/Madam: In accordance with Chapter III, Sections 127A and 127E 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 4 Proctor Street permitted by occupant Ellen Damsky,conducted by Elizabeth Gagakis,Sanitarian on December 3,2015 @ 9:00 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 978-741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report and to take all positive action to prevent these violations from occurring again in the future. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Trial Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn.You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection 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: Larry Ramdin Elizabeth Gagakis Health Agent Sanitarian cc: Tenant • 04& CITY OF SALEM, MASSACHUSETTS 1P BOARD OF HEALTH 120 WASHINGTON STREET,47"FLOOR pPubhcHwIth romote.PTOteCt. TEL. (978) 741-1800 FAx(978) 745-0343 KIMBERLEY DRISCOLL lramdin c7,salem.com LARRY RAMDIN,RS/RI1I-1S,C;F10,CP-FS MAYOR HE:\I;Tf I AGEN'I' State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Ellen Damsky Owner: Scott Galber Phone number: (978) 594-1355 Address: 15 Ice House Lane Address: 4 Proctor Street Essex, MA 01929 Salem, MA 01970 Inspection Date: December 3, 2015 Time: 9:00am Conducted By: Elizabeth Gagakis Accompanied By: Ellen Damsky Specified Time Reg. #410_ Violation(s) Based upon a tenant complaint a permitted inspection was conducted in accordance with 1 Article II of the State Sanitary Code, 105 CMR 410.000. Upon Inspection the following were noted: 7 days .190 1. Tenant had complaint about hot water temperatures in the unit. At the time of inspection, it was observed in the upstairs shower that the water reached 114 degrees Fahrenheit and then dropped to 101 degrees within one minute and remained there. Hot water must be provided at a temperature no less than 110 degrees and no higher than 130 degrees at all times: owner to investigate and conduct whatever necessary repairs to ensure water remains at the required temperatures at all faucets in the unit at all times and for a reasonable period. Owner to correct this violation within 7 days. 7 days .500 2. There is an area of peeling/damaged paint on the ceiling room in the living room. Investigate for any leaks and repair; scrape and repair ceiling so it is intact and in good condition. Owner to correct this violation within 7 days. 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_ f Este es un document legal importante. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma. 1 SENDER: • •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A.0:g�� ■ Print your name and address on the reverse XE3 Agent so that we can return the card to you. - - dresses ■ Attach this card to the back of the mailpiece, B. Receiv9d1WgPdnted Nam) C.Date of Delivery or on the front 1f space perm_its. 1. Article Addressed to: D.!s delivery address different frbm item 17 ❑Yes 5 eol`t &,l b er !If YES,enter delivery addressbelow: ❑No '{r4 i sex, I I + I9 `�I�l I�I I��I I��I I I I II IIII III I I II�i II III III /uSignature — D Priority Mail epresse egl❑Adult Restricted Delivery ❑Registered Mail Restricted) Jff certified Mail® Delivery ! 9590 9403 0431 6163 4443 67 q Certified Mali Restricted Delivery C Return Receipt for ❑Collect on Delivery Merchandise 1 �2. Article Number(TrBrlSfel from service 186e1J ❑collect on Delivery Restricted Delivery ❑Signature ConfinnationTm I .'Mail ❑Signature Confirms ion 7 013 3020 0002 1522 7993 'Mall Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt UNITED ST,4TE� E�ftVICE First-Class Mail MA I)XI, Postage&Fees Paid USPS Permit No.,G-10 'ender: Please print your name, address, and ZIP+4®in this box* CIO �,%ty of Salem 11 oard of Health 41 Cp z"-1 20 Washington Street 4th Floor CZ) ;�Salem, MA 01970 SPS TRACKING# 9590 9All ;ODE VIOLATIONS CORRECTED. -- -- --•----""_w_.�._...�.� .�._,..._.._.. ___..._.��. ._„_. ...,.,., .� 1. Rent Witlrlroldmg(General Laws Chapter 239 Section 84) 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 materbly Impair your health or safety and that your landlord knew about the violations before you were behind In your rent 13. You del not cause the violations and they can be repaired wfgle you continue to Ove 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 k is best to put the rent money aside in a safe place.) Repair and Deduct(General Laws Chapter 111 Section 127L) The law sometimes allow you Muse your rent money to make the repairs yourself. If your local code enforcement agency certlfies 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 maim the repairs. . Retaliatory Rent hmm or Evictions Prohibited(General Laws Chapter 186.Section 18 and Chapter 239 Section 2A). The owner may not Increase your rent or evict you in retaliation for malting a complaint to your local©ode enforcement agency about code violations.-9 the owner raised your rent or tries to evict within six months after you have made the complaint he or she will have to show a gaod'reason for the Increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for the damages If he or she tries this. Rent Receivership(General Laws Chapter 111 Section 127C4q. The occupants andfor 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"recrehrer''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 Breach of Wananty of Habbbl6tyti 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. Untair and Deceptive Practices(General Laws Chapter 93A). Renting an apartment with code violations Is a violation of the consumer protection act and regulations for which you may sue an owner. IE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF.THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT . I TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD To . )NSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS. North Shore Community Acdon Programs Inc. NOft- st Housing Court 98 Main Street 2 Appleton Street Peabody,MA 01960 Lawrence,MA01840 (978)531-0767 (978)689.7833