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71 PROCTOR STREET LETTER FROM OWNER'S LAWYER 1-29-2019 HENEY & ASSOCIATES, LLC ATTORNEYS AT LAW 86 DODGE STREET,ROUTE 1A NORTH BEVERLY,MA 01915 WWW.HENEYLAW.COM TELEPHONE: (978)921-1050*TOLL FREE: (866)550-1050*FACSIMILE: (978)921-7877 Sent to recipient via U.S. Hand Delivery January 29, 2019 Jeffrey Barosy City of Salem, Massachusetts Board of Health 98 Washington Street, P Floor Salem, MA 01970 RE: #71 Proctor Street Update on Repairs, Request for Extension Dear Jeffrey Barosy: This office represents Heidi Herdman, owner of the property located at 71 Proctor Street, Salem, Massachusetts 01970. We are writing you to update you on the status of the violations reported by you after your inspection on January 14,2019. After your inspection report was received by our client on January 17, 2019, the next day she began to take steps with a contractor from Essex named Jesse Benendictis. On January 18, 2019, this contractor"Installed 7 smoke detectors in basement, 2nd and 3rd floor. Cleaned and vacuumed basement. Met with Tenant went over items on list, Met with Pest control, Called preferred air to assess temperature differences thru out all zones of the house". The contractor also did other work that can be seen on the attached list. The contractor did attempt to come back on Monday, January 21, 2019, and continue repairs but was unable to do so due to the unwillingness of the tenant to let them in to work. These tenants have been obstructing progress on repairs, stating they are only available to let workers into their unit on Tuesdays,making scheduling difficult for the workers who need multiple days to finish repairs. It also makes it extremely difficult in this upcoming month,which is naturally shortened, as well. The landlord and the tenants both agreed to a stipulation which was then signed by both parties in the Commonwealth of Massachusetts Northeast Housing Court (Docket #18H77SP004975) on November 14, 2018. In this stipulation both parties agreed that the tenants would vacate the property at the end of the month of February, 2019. Having made progress on the most immediate violations, and good-faith efforts on all violations up to this point, we ask that we can be allowed to have more than the thirty (30) days given to remedy these issues. Mainly, we are requesting that we can be allowed to do the work in March when the tenants have vacated the property. As you will see in the attached report from the contractor, Mrs. Herdman began making good-faith efforts to correct all violations within 24 hours of receiving your report of her property. We hope that you take note of this when considering our request for extension of the thirty (30) day deadline. Please feel free to contact me should you have any questions regarding this correspondence. Sincerely, Heney&Associates, LLC By: _ I A, William E. He y, Esq. r CITY OF SALEM MASSACHUSETTS BOARD OF HEALTH 98 WASHINGTON STREET 3RD FLOOR PublicHealth f Prevent.Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL health{@,salem.com ELIZABETH GAGAHIS,RS/REHS MAYOR ACTING HEALTH AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Michael Wing Occupant Phone: 781-632-7489 Occupant Address: 71 Proctor Street #2 Salem, MA 01970 Owner Address: 71 Proctor Street Owner/Manager: Heidi Herdman Inspection Date: January 14, 2019 Inspection Time: 9:25am Conducted By: Jeffrey Barosy Accompanied By: Occupant (Michael Wing) Specified Time Reg. #410. Violation(s) Based 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: 7 Days .280 1. Bathroom vent fan is under performing and is not pulling air and moisture from bathroom efficiently. Repair or adjust vent fan so it removes air and moisture from the bathroom efficiently. Owner has 7 DAYS to start making agood-faith effort to correct violation. 24 Hours .351 2. Heat duct to attic living space, located in kitchen closet, is has tape to cover holes and gaps. Repair heat duct's holes and gaps. Owner has 24 HOURS to start makin a ood-faith effort to correct violation. 7 Days .503 3. Both the front and rear stairways leading towards the attic lack handrails. Install handrails for both stairways. Owner has 7 DAYS to start making a good-faith effort to correct violation. 24 Hours .201 4. Despite thermostat being turned to 65 degrees Fahrenheit (*F) at time of inspection, the occupant's attic bedroom, and the spare attic room at the front of the house had temperatures of 56*F and 50*F, respectively. Repair or adjust heating unit and/or attic rooms so all rooms sustain a temperature equivalent to that indicated on the thermostat. Owner has 24 HOURS to start making a good-faith effort to correct violation. 24 Hours .500 5. Front exterior stairs have loose step boards. Repair stairs so all steps are firmly in place and sturdy. Owner has 24 HOURS to start making agood-faith effort to correct violation. 24 Hours .500 6. First floor front porch has gaps in the corner and sides where the walls meet the ceiling. Have gaps properly closed off to prevent moisture, bird, and insects from invading. Owner has 24 HOURS to start making good-faith effort to correct violation. 24 Hours .500 7. Gutters are missing for most of the property's exterior. Repair or replace damaged and missing gutters. Owner has 24 HOURS to start making agood-faith effort to correct violation. .500 8. On the exterior side of the property facing 69 Y2 Proctor Street and 2.4 Hours the exterior side facing the street, next to the second floor porch, the roof overhangs have loose boards exposing gaps and areas where there are holes covered in metal wire mesh. Repair roof overhangs so there are no longer holes and gaps that can allow water, birds, and insects to invade the interior of the property. Owner has 24 HOURS to start making agood-faith effort to correct violation. .500 9. The exterior of the property at the rear has two areas, each on one 24 Hours side of the second floor porch, where there is missing siding. Repair siding so that water, birds and insects cannot invade interior of property. Owner has 24 HOURS to start making a good-faith effort to correct violation. .500 10. The second floor front porch has loose and warping floor boards. 24 Hours Repair floor boards so they are firmly in place and sturdy. Owner has 24 HOURS to start making_a ood-faith effort to correct violation. .500 11. On the exterior side of the property facing 73 Proctor Street there is 24 Hours basement window with a hole in one of its glass panes. Repair or replace window pane. Owner has 24 HOURS to start making a good- faith effort to correct violation. .503 12. Stairway leading into basement lacks handrails. Provide handrails for 7 Days this stairway. Owner has 7 DAYS to start making a good-faith effort to correct violation. .500 13. Ceiling area above stairway leading into basement has loose and 7 Days falling pieces. Repair this portion of the ceiling so it is in one piece and set in place. Owner has 7 DAYS to start making a good-faith effort to correct violation. .500 14. There is loose insulation falling from the basement ceiling. Repair 7 Days insulation so it no longer falls from ceiling. Owner has 7 DAYS to start making agood-faith effort to correct violation. .482 15. There are no working smoke detectors and no carbon monoxide 24 Hours detectors within ten feet of bedroom entrances within the dwelling. Provide smoke detectors and carbon monoxide detectors so that there is at least one within ten feet of each bedroom entrance. City of Salem Fire Department has been notified. Owner has 24 HOURS to start making agood-faith effort to correct violation. .550 16. Mice droppings found in basement. Owner is to hire a professionally 24 Hours licensed exterminator and have the exterminator determine if there is a mice infestation. If there are mice present they must be exterminated and removed from the property. Any holes leading into the basement must be plugged to prevent re-entry from mice. Owner must send extermination report to the Salem Board of Health after the exterminator's work is complete. Exterminator is to return as often as needed to rid the building of mice. Owner has 24 HOURS to start makin ood-faith effort to correct violation. N/A 17. Owner has 30 DAYS to correct all violations listed in this report. N/A Owner must start making good-faith effort (reporting to the Salem Board of Health what actions will be taken in writing, hiring contractors that may be needed, or starting necessary work on his/her own) within the time frame noted beside each violation and within each violations' description. One or more of the above violations may endanger or materially impair the health, safety and well-being of the occupant(s) Below are the items we repaired or attempted to repair by Violation#. Item# 1—(Bathroom Vent) Entered thru attic floor to get access to the vent for the bathroom fan/light. Found 4 feet of birds nest. Removed and cleaned out got back up running. Item#3— (Front and Back Hall Handrails) Prepared to install railings but our time was up with the tenant giving access.They are all set up to install once access is granted. Item#5— ( Loose front stair boards)Secured the existing stair boards on steps. Item#6— (Front porch gaps) Repaired large gap on right side of porch—left side still needs repair. Item#10—(2"d floor front porch loose boards)Secured the existing boards. Item#11—(Basement window)Covered broken glass with plastic—Need to order glass for permanent repair. Item#1.2—(Cellar Handrails) Installed railings. Item#14—(Loose Insulation Cellar) Insulation was secured back into ceiling. Item#15—(Smoke/CO Detectors) Installed 8 smoke/carbon detectors in areas that were indicated. Item#16—(Mice Droppings) Exterminator was sent over to do initial inspection. He was unable to get into the 11 floor due to tenant not being home. He went back and was able to get into the 15t floor. I am awaiting his inspection report and estimate to clean home of mice.We will be receiving an invoice for his initial inspection. The above projects cost to date including time and material is $4,964.89.This in not including the invoice for the Initial inspection from the exterminator. We received a deposit of$2,400.00. Remaining balance due is $2,564.98. Items not repaired by Violation# Item#2—(Heat Duct Repair) Due to time constrictions we were not able to properly assess this item. It was looked at but not investigated. Item#4—(Heating) We need to have an electrician and a plumber come and assess this. Item#7,8 and 9—(Gutters, Exterior)The exterior of the building will need extensive work. From all indications the existing exterior has extensive rot and missing boards. I have a site supervisor who is going to do an estimate for this part of the repairs.We will be preparing the estimate next week. Item#13—(Stairway Ceiling Repair)Was not repaired due to time constriction. Thank you, Kate Dacey Operations Coordinator Works by Jesse DeBenendictis 978-675-7421 CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 98 WASHINGTON STREET,3"'FLOOR Prevent.61icHwIth mote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL health@salem.com ELIZABIsni GAGAKIS,RS/RE1IS MAYOR ACTING HI-ALT]I AGI3N'r January 16,2019 Heidi Herdmann 71 Proctor Street Salem, MA 01970 VIA CERTIFIED MAIL: 7017 1450 0001 5936 3947 Dear Sir/Madam: In accordance with Chapter 111,Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.000; State Sanitary Code, Chapter 1:General Administrative Procedures and 105 CMR 410.000:State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of the property 71 Proctor Street Unit 2 permitted by occupant Michael Wing conducted by Jeffrey Barosy,Sanitarian on January 14,2019 at 9:25am.. 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: Elizabeth Gagakis *JSanitadan sy Acting Health Agent cc: Tenant 1 ' CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 98 WASHINGTON STREET 3"FLOOR PabhcHealth Prevent.Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL hedA1&sa1em.com E],I%ABF:1'1{GAGAKIS,1tS/Rl;fIS MAYOR ACTING HI'AlAl i AG NI' State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Michael Wing Occupant Phone: 781-632-7489 Occupant Address: 71 Proctor Street#2 Salem, MA 01970 Owner Address: 71 Proctor Street Owner/Manager: Heidi Herdman Inspection Date: January 14, 2019 Inspection Time: 9:25am Conducted By: Jeffrey Barosy Accompanied By: Occupant (Michael Wing) S ecified Time Rea.#410. Violation(s) Based 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: 7 Days .280 1. Bathroom vent fan is under performing and is not pulling air and moisture from bathroom efficiently. Repair or adjust vent fan so it removes air and moisture from the bathroom efficiently. Owner has 7 DAYS to start making agood-faith effort to correct violation. 24 Hours .351 2. Heat duct to attic living space, located in kitchen closet, is has tape to cover holes and gaps. Repair heat duct's holes and gaps. Owner has 24 HOURS to start making agood-faith effort to correct violation. 7 Days .503 3. Both the front and rear stairways leading towards the attic lack handrails. Install handrails for both stairways. Owner has 7 DAYS to start making a goodTfaith effort to correct violation. 24 Hours .201 4. Despite thermostat being turned to 65 degrees Fahrenheit(*F)at time of inspection, the occupant's attic bedroom, and the spare attic room at the,front of the house had temperatures of 56*F and 50*F, respectively. Repair or adjust heating unit and/or attic rooms so all rooms sustain a temperature equivalent to that indicated on the thermostat. Owner has 24 HOURS to start making a good-faith effort to correct violation. 24 Hours .500 5. Front exterior stairs have loose step boards. Repair stairs so all steps are firmly in place and sturdy. Owner has 24 HOURS to start making _ a good-faith effort to correct violation. 24 Hours .500 6. First floor front porch has gaps in the corner and sides where the walls meet the ceiling. Have gaps properly closed off to prevent moisture, bird, and insects from invading. Owner has 24 HOURS to start making good-faith effort to correct violation. 24 Hours .500 7. Gutters are missing for most of the property's exterior. Repair or replace damaged and missing gutters. Owner has 24 HOURS to start makin: a . ood-faith effort to correct violation. .500 8. On the exterior side of the property facing.69 Y2 Proctor Street and .24 Hours the exterior side facing the street, next to the second floor porch, the roof overhangs have loose boards exposing gaps and areas where there are holes covered in metal wire mesh. Repair roof overhangs so there are no longer holes and gaps that can allow water, birds, and insects to invade the interior of the property. Owner has 24 HOURS to start making agood-faith effort to correct violation. .500 9. The exterior of the property at the rear has two areas, each on one 24 Hours side of the second floor porch, where there is missing siding. Repair siding so that water, birds and insects cannot invade interior of property. Owner has 24 HOURS to start making a good-faith effort to correct violation. .500 10. The second floor front porch has loose and warping floor boards. 24 Hours Repair floor boards so they are firmly in place and sturdy. Owner has 24 HOURS to start making agood-faith effort to correct violation. .500 11. On the exterior side of the property facing 73 Proctor Street there is 24 Hours basement window with a hole in one of its glass panes. Repair or replace window pane. Owner has 24 HOURS to start making a good- faith effort to correct violation. .503 12. Stairway leading into basement lacks handrails. Provide handrails for 7 Days this stairway. Owner has 7 DAYS to start making a good-faith effort to correct violation. .500 13. Ceiling area above stairway leading into'basement has loose and 7 Days falling pieces. Repair this portion of the ceiling so it is in one piece and set in place. Owner has 7 DAYS to start making a good-faith effort to correct violation. .500 14. There is loose insulation failing from the basement ceiling. Repair 7 Days insulation so it no longer falls from ceiling. Owner has 7 DAYS to start making agood-faith effort to correct violation. .482 15. There are no working smoke detectors and no carbon monoxide 24 Hours detectors within ten feet of bedroom entrances within the dwelling. Provide smoke detectors and carbon monoxide detectors so that there is at least one within ten feet of each bedroom entrance. City of Salem Fire Department has been notified. Owner has 24 HOURS to start making agood-faith effort to correct violation. .550 16. Mice droppings found in basement. Owner is to hire a professionally 24 Hours licensed exterminator and have the exterminator determine if there is a mice infestation. If there are mice present they must be exterminated and removed from the property. Any holes leading into the basement must be plugged to prevent re-entry from mice. Owner must send extermination report to the Salem Board of Health after the exterminator's work is complete. Exterminator is to return as often as needed to rid the building of mice. Owner has 24 HOURS to start making good-faith effort to correct violation. N/A 17. Owner has 30 DAYS to correct all violations listed in this report. N/A Owner must start making good-faith effort(reporting to the Salem Board of Health what actions will be taken in writing, hiring contractors that may be needed, or starting necessary work on his/her own)within the time frame noted beside each violation and within each violations' description. 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 un document legal importante. Pu d to sus d echos. Puede adquiriruna traduccion de esta forma. IP ■ - �+ w _7. .07 ; ISI r i