17 FOREST AVENUE - STREET FILE (2) • n
CI7y OF SALEM, iVLASSACHUSETTS IV
01a
BOARD OF HEALTH
120 WASHINGTON STREET 4"'FLOOR PUNcHmIth
f Prevent.Promote.Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL lramdin a.:salem.com
L.1ItIZY It,\MDIN,RS/RI?fIS,CHO,CP-FS
MAYOR
June 10,2015
Ocean City Development, LLC,
1 Seal Harbor Road,Suite 412
Winthrop,MA 02152
VIA CERTIFIED MAIL: 7012 1640 0002 3313 0553
Dear Sir/Madam:
In accordance with Chapter 111, 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 17 Forest Avenue#2 permitted by occupant Rebecca Perez conducted by
David Greenbaum,Senior Sanitarian on June 9,2015 @ 10:00a.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and documentary evidence as to why this Order should be modified or withdrawn.You may be represented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 David Greenbaum
Health Agent Senior Sanitarian
cc: Tenant
01a CITY OF SALEM MASSACHUSETTS
BOARD OF HEALTH
120 WASHINGTON STREET 4'FLOOR PublicHealth
Prevent.Promote.Protect.
TEL. (978) 741-1800 FAx (978) 745-0343
ICMBERLEY DRISCOLL lramdin2asalem.com
L.11tItY R;\MDIN,RS/1ZE17S,ClIO,CP-PS
MAYOR HE.\I.'rlI AGENT
State Sanitary Code, Chapter II : 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Rebecca Perez Phone: 619-453-2026
Address: 17 Forest Avenue Unit#: 2 Floor: Second
Salem, MA 01970
Owner: Ocean City Development, LLC Address: 1 Seal Harbor Road, Suite 412
Winthrop, MA 02152
Inspection Date: June 9, 2015 Time: 10:00 AM
Conducted By: David Greenbaum Accompanied By: Tenant
Specified Time Reg. #410. Violation(s)
TBased upon a tenant complaint a permitted inspection was conducted in
accordance with Article II of the State Sanitary Code, 105 CMR 410.000.
Upon Inspection the following were noted:
24 Hours .550(B) 1. There are mice droppings throughout this unit and in the
basement. A dead mouse found on a trap under the couch.
Owner must hire a licensed pest control operator and exterminate
as often as necessary to abate any infestation and all necessary
action to prevent this infestation from re-occurring in the future
including sealing all entry points. Owner to forward all
extermination invoices to the Board of Health.
7 Days .600 2. There are uncovered, overflowing trash barrels in the driveway.
.601 Owner to provide enough weather tight, rodent proof trash
.602 receptacles for all occupants of the building.
7 Days .503(C)(D) 3. The second floor railing has no balusters or wall to prevent falls.
Owner must install balusters or a wall on this railing in accordance
with all applicable codes.
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 I
Este es un document legal importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de esta forma.
.'SENDER: COMPLETE THIS SECTION C OMPLETE rHiS SECTI-N . DELIVERY
M Complete items 1,2,and&Also complete gnature C
item 4 if Restricted Deliveryis desired. ❑Agent
• Print your name and addres on the reverse d ressee I
so that we can return the card to you. g, ec€ d by(Pnhted eme) C. Date of Delivery I
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1, Article Addressed to: D. Is delivery address different from Item f? ❑Yes I
If YES,enter delivery•address below: ❑No I
I
Ocean City Development, L C
1 Seal HArbor Road, Suite �
i
412 _ I
Winthrop, MA 02152 3. Service-Type I
p certified Mail® ❑Priority Mail Express- �
❑Registered ❑Return Receipt for Merchandise
_❑Insured Mail ❑collect on Delivery
DG 4. Restricted Delivery?(Extra Fee) p Yes
2. Article Number
(rransfer from service label) 7.D12 1640 0002 3 313 0553
j
YPS Form 3811,juiy.2o13 Domestic Return Receipt
UNITED STATEM*ZMNICE First-Class Mail
A. Postage&Fees Paid
USPS
3L.,t '_1: ermit No.G-10
.el
• Sender: Please print your name, address, and ZIP+4® tii4x•
0,
City of Salem m a
Board of Health =
120 Washington Street 4th Floor
Salem, MA 01970
1
LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING
;E FOLIDWiNG IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TEHAI[rs YS1�E11~Lp_BDI_R XO fi {HG _�_
1DE M W MS'-CO .
Rent Withholft(General Laws Chwer239 Section 8A)
if Code Violations Are Not Being Conected, 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 arm contain code w1dSons whch are serious enough to
erda%w or materially impair your health or safety and that your landlord knew about the violations before you were
behind in your tent
B. You did not cause the violations and they can be repaired while you conbue to fire in the buildirig.
-
C. YOU are prrepar�edlo pay any portion of the rant Into court I judge order;you to pay it (For this it is bestto put the rent
:money aside h a safe piac:e.) .
tepairand__ud General[aws-Chapter--t-il-Sec�on-1271) -The law sometimes allow.you tQ4use your rent money-to maim the repairs yourself. K your local code enforcement
agency certifies that them are code violations which endanger or materially Impair your health,safety orwep being and.
your landlord has reovived written notice of=the violations,you may be able to*use this remedy: V the comer fails to
begin necessary repairs (or to enter Into a written contract to have them made) within five.days alter notice or to
complete rrepdrs within 14 days after notice you can use up-to four monft rent in any year-to nu*e the iopairs.
starratoryRent increases or E*ffons.ProlrMed(Genial Laws Char 186.Section 18 ark! 239 Section 2A).
The-owner'may°not Increase your rent or evict you in.retaliation for md.drg a canplaintto your local code enforcement
agency-about code violations.-if the owner raised your rentor tries tc evict within six months afteryou-hmre made the
complaint he or she will have to show a good.reason-for the increase or eviction which!is urmelated to your complaint.
You may be able to sue the iandlordfor the damages N he orshe tries this.
ant Redly=*(General Laws Chapter 111 Section 127C-li).
The occupants andtorthe board of health-may petition the District or SuperlorCourt to_allow rent-to be paid into court
-rather-than•telhe-owner:The-The may-then.appoint a'ti9ece de who-may spend as mui�of the rent money as is
needed to conictthe violation. The receiver Is not subject to a spending limitation of four months rent.
achof Ylracra*of HabcTab - - - -
Yoa may be.entitled to sue-your landlord to.have all.or some of your rent.returned If your dweiling unit does not
meet m nimrlm standards of habitabirdyr.
air and Deceptive Practices(General_Ims Chapter 93A).
Rehft an apartrgent with code violations is a violation of the consumer protection act and regulations for which you
may sue an owner:
IFORMU4TI0N PRESPM ABOVE IS ONLY A SUMMARY OF THE LAW BEFORE YOU DECIDE TO WITHHOLD YOUR RENT .
KE ANY-OTHER LEGAL ACTION, rr is ADVISABLE THAT You.Coma AN ATTORNEY. IF YOU CANNOT AFFORD TO
)IT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS.
North Shore CommunityAc Lion Programs Inc. Nodheast Housing Court
98 Main Street 2 Appleton Street
Peabody,MA 01960 Law enoe,MA 01840
(978)531-0767 (978)669-7833
3�
CITY OF SALEM, MASSACHUSETTS
~ �.e BOARD OF HEALTH
KIMBERLEY DRISCOLL 120 WASHINGTON STREET,4TH FLOOR
MAYOR TEL.(978)741-1800
FAX(978)745-0343
LARRY RAMDIN,RS/REHS,CHO,CP—FS LRAMDIN(&SALEM.COM
HEALTH AGENT
COMPLAINT INTAKE FORM
Date: Time: Received By: �Ipa,�-24
Complaint Number: 1163
Complainant le- 6,or b. 4e re-.r--
Address: Fr! f r e6 A te,^t,lc,- Phone: p?UdL
• 6
Investigated By:�x Date:
Property Owner/Occupant Name Telephone#: