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14 Cherry Street #3R Inspection 12-4-2017 (DomesticCERTIFIED MAILT. RECEIPT rM nr Er .. ul Postage $ Er flu Certified Fee r9 Postmark Return Receipt Fee Here 0 (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) O u7 Total Postage&Fees O m Sent lo ru ri Stroet,Apt.No", O or PO Box No. f`- PS Form City,State,ZlP+4 :ii August 2006 See Reverse for lnstructior,-- LJ CITY OF SALEM, MASSACHUSETTS Is BOARD OF HEALTH 120 WASHINGTON STREET,4m FLOOR PPdbllcH@Rlt$ Promote.Protect. TEL. (978) 741-1800 FAx(978) 745-0343 KIMBERLEY DRISCOLL Iramdin@salem.com LARRY RAMDIN,RS/REI IS,CIIO,CP-FS MAYOR HEALTH AGENT December 7, 2017 12, 14, 16 Cherry Street Trust Ed Quill 452 Essex Street Beverly, MA 01915 VIA CERTIFIED MAIL: 7012 3050 0001 2959 7962 Dear Sir/Madam: 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 14 Cherry Street#3R.permitted by occupant Alex Hernandez,conducted by Elizabeth Gagakis, Senior Sanitarian on December 4 2017 @ 10:00 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 Ramdiri Elizabeth Gagakis Health Agent Senior Sanitarian cc: Tenant i CITY OF SALEM MASSACHUSETTS � � BOARD OF HEALTH 120 WASHINGTON STREET 473 FLOOR Pli�liCH�lth , Prs�ent.Promote.Protest. TEL. (978) 741-1800 FAX(978) 745-0343 KIMBERLEY DRISCOLL lramdin2salem.com MAYOR LARRY R-�MDIN,RS/RFHS,CHO,CP-PS HEALTH AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant:Alex Hernandez Owner: 12, 14, 16 Cherry St. Trust/Ed Quill Phone number: 857-492-7113 Address: 452 Essex Street Address: 14 Cherry Street#3R Beverly, MA 01915 Salem, MA 01970 Inspection Date: December 4, 2017 Time: 10:00am Conducted by: Elizabeth Gagakis Accompanied By: Tenant 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 .351 1. Bathroom sink fills and drains very slowly. Snake/repair so sink drains properly. Owner to correct this violation within 7 days. 7 days .254 2. A tap light has been installed in the back hallway for tenant's use, which was not working at the time of inspection. This is not sufficient lighting for back hallway; light fixture on the third floor in the back hallway must be repaired/installed so light may be provided 24 hours a day. Owner to correct this violation within 7 days. 24-48 hours .550 3. Tenants had complaints of cockroaches in unit. At the time of inspection, a dead one was observed in a kitchen cabinet. Owner must hire services of a licensed exterminator to inspect and treat the unit for cockroaches; treatments must be repeated until the problem is eliminated. Please forward invoices for service to the Board of Health for our records. Owner to correct this violation within 24-48 hours. 7 days .500 4. In back hallway, one segment of the handrail at stairs going up to the second floor is loose. Repair/secure handrail so it is in good condition and secure for use. 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) s Code Enforcement Inspector Este es un document legal import e. Puede que afecte su rs-derechos. Puede adquirir una traduccion de esta forma. I.— WWei. -�.%. va VVogG Vr 1G1Vi"1Q ffU%I war.III Wnu i[IV VCI nVIJOINU ,'ODE VIOLATIONS CORRECTED 1. Rent Withholding(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 Ih A. You can prove that your dwelling unit or common areas contain code violations W WM 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 the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into cant kf a judge orders you to pay.it (For this it 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 to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that there are code violations which endanger or materially impair your hear safety or well-being and your landlord.has received written notice of-the violations,you may be able to use this remedy. 9 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 Iri any year to Mau the repairs. . Retaliatory Relit Increases 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 gdod'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"she tries this. Rent Reoeivetsthip(General Laws Chapter 111 Section 127C•it). The occupants andfor the board of heft-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 coned the violation. The receiver is not subject to a spending limitation of four months rent. Breach of Warranty of HWtabirdy, 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. Unfair 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.' 1E INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT . R 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 Shone Community Action Programs Inc. Northeast Housing Court 98 Main Street 2 Appleton Street Peabody,MA 01960 Lawrence,MA 01840 (978)531-0767 (978)689.7833