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36 Japonica Street #2 Inspection 3-16-2017 UNI'MED'STATES� r. RVICE First-class Mail " Postage&Fees Paid Ord^ rF .2E USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box• ECEIVE ' of Salem Board of Health APR 13 2017 120 Washington Street 4th Floor Salem, MA 01970 Ci T'Y UP SALER - .-- — CERTIFIED MAILT. RECEIPT ,m (Domestic ru cO For delivery information visit our website at www.usps.como Er ru mPostage $ m Certified Fee ru Postmark O Return Receipt Fee Here C3 (Endorsement Required) C3 Restricted Delivery Fee O (Endorsement Required) _n Total Postage&Fees rz Sent To r1i rl -Aix--No.;------------------------------------------------------------------------ Street,� or PO Box No. (city,&fate,ZIP+4 PS Form :0i August 2006 See Reverse for Instructiono SECTIONSENDER: COMPLETE THIS SEcTIO)V COMPLETE THIS ON DELIVERY ■ Complete items 1,2,and 3.Also complete item.4 If Restricted Delivery is desired. �Agerrt • Print your name and address on the reverse FD. so that we can return the card to you. ❑Addressee Attach this card to the.back of the mailpiece, ed by(Printed Name) C. Date of Del'yery or on the front if space permits. ) 1. Article Addressed to: delivery address different from Rem 1? ❑Yes If YES,enter delivery address below: ❑No 36 olica CE �`�1 y 3. Service Type 1 P�CN#W Mall ❑Express Mail 17 Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ElYes 2. Article Number (Transfer from service label) 7 012 1640 0002 3312. 9823 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1549 J Certified Mail Provides: " m Amailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Retum Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. r For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement'Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. it a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02.000-9047 Is CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET 4"m FLOOR �Z1CHe..R��1 � Prevent.Promote.Protect. TEL. (978) 741-1800 FAx(978) 745-0343 KIMBERLEY DRISCOLL lramdin@salem.com LARRY RAbIDIN,RS/I2EI-IS,CIIO,CP-FS MAYOR HEALTIi AGENT March 30,2017 Paul and Christine Corey 36 Japonica Street Salem, MA 01970 VIA CERTIFIED MAIL: 7012 1640 0002 3312 9823 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 36 Japonica Street#2 permitted by occupant George Dunlap, conducted by Jeffrey Barosy,Sanitarian on March 16,2017 @ 2:30 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 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 Senior Sanitarian cc: Tenant I Is CITY OF SALEM,- MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4TH FLOOR pPabliCHromot� Protect. TEL. (978) 741-1800 FAX(978) 745-0343 KIMBERLEY DRISCOLL Iramdin@salem.com MAYOR LARRY RAMDIN,RS/RFHS,CHO,CP-FS HEALTI-I AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: George Dunlap Owner: Paul and Christine Corey Phone number: 978 304-3929 Address: 36 Japonica Street#2 Address: 36 Japonica Street Salem, MA 01970 Salem, MA 01970 Inspection Date: March 16, 2017 Time: 2:30pm Conducted by: Jeffrey Barosy Accompanied By: Tenant Specified Time Reo. #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 .503 1. Exterior stairs at front entry do not have handrails. Provide a handrail for the stairs. Owner to correct this violation within 7 days. 7 days 503 2. Handrail at interior front entry stairs is missing balusters. Replace balusters so handrail is intact and in good condition. Owner to correct this violation within 7 days. 7 days .351 3. Light fixture in front entry hallway is loose. Secure light fixture so it is intact and in good condition. Owner to correct this violation within 7 days. 7 days .500 4. There is chipping paint on the right of the front entry doorjamb. Scrape and repaint so paint is intact and in good condition. Owner to correct this violation within 7 days. 7 days .500 5. One kitchen cabinet over refrigerator has a loose door. Secure/repair so cabinet doors are secured and in good condition. Owner to correct this violation within 7 days. I 7 days .500 6. One kitchen cabinet below sink to the left has a loose hinge. Secure so cabinet door is in good condition. Owner to correct this violation within 7 days. 24-48 hours .550 7. Mouse droppings were observed in a lower kitchen cabinet next to the sink. Owner to hire services of a licensed exterminator to inspect and treat the property for mice; treatments must continue until the problem is abated. Please forward copies of invoices for service to the Board of Health for our records. Owner to correct this violation within 24-48 hours. 7 days .500 8. There is a crack in the kitchen floor towards the back porch. Repair crack so floor is intact and in good condition. Owner to correct this violation within 7 days. 7 days .351 9. There is a light fixture in the hallway to the back porch that does not work. Repair light so it is in working order. Owner to correct this violation within 7 days. 7 days .351 10. There is an outlet on the kitchen wall near the back stairway missing a cover. Provide a cover for this outlet. Owner to correct this violation within 7 days. 7 days .351 11. Left handle on bathroom sink is loose and leaks. Repair so sink and faucet is in good condition and free from leaks. Owner to correct this violation within 7 days. 7 days .351 12. Bathtub and bathroom sink drain slowly. Investigate/repair if necessary so tub and sink drain properly. Owner to correct this violation within 7 days. I 7 days .500 13. Right bedroom upstairs has a skylight with a broken handle. Repair handle so window is in good condition and able to be opened and closed properly. Owner to correct this violation within 7 days. 7 days .500 r 14. Left bedroom upstairs has chipping paint around the skylight. Scrape/repaint so paint is intact and in good condition. Owner to correct this violation within 7 days. 7 days .351 15. There is a light fixture in stairway inside the unit that does not work. Repair so light fixture is in working condition. Owner to correct this violation within 7 days. 7 days .351 16. Stairway to basement has a light fixture that does not work. Repair so light fixture is in working condition. Owner to correct this violation within 7 days. 7 days .500 17. There is a hole in the wall behind the refrigerator. Repair so wall is intact and in good condition. Owner to correct this violation within 7 days. 7 days .254 18. There is no light fixture in back stairway. Provide a light fixture for this stairway. 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 - Este es un document legal importante. Puede que afec a sus derechos. Puede adquirir una traduccion de esta forma. 11 `1 HE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING ODE VIOLATIONS CORRECTED. 1. Rent Withholding(General Laws Chapter 239 Section 8A) 9 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 the violations and they can be repaired while you continue to live in the budding. C. You are prepared to pay any portion of the rent into court if 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 tQuse your rent money to make the repairs yourself. 9 your local code enforcement agency certifies 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 falls 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 make the repairs. . Retaliatory Rent Inaeases 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 maidng a complaint to your local code enforcement agency about code violations. K 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 good"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 and/or 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 "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 months rent Breach of Warranty of Habitability.- 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. iE 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 Shore Community Action Programs Inc. Northeast Housing Court 98 Main Street 2 Appleton Sheet Peabody,MA 01960 Lawrence,MA 01840 (978)531-0767 (978)689-7833