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Town of

AMHERST
www.amherstma.gov

Massachusetts
health@amherstma.gov

AMHERST HEALTH DEPARTMENT, 70 BOLTWOOD WALK, AMHERST, MA 01002 (413) 259-3077 (413) 259-2404 - FAX Environmental Health Division (413) 259-3078

Town of

AMHERST
www.amherstma.gov

Massachusetts
health@amherstma.gov

AMHERST HEALTH DEPARTMENT, 70 BOLTWOOD WALK, AMHERST, MA 01002 (413) 259-3077 (413) 259-2404 - FAX Environmental Health Division (413) 259-3078

Property Address: 11 Phillips Street Amherst, MA, 01002 Inspection Date: 6/29/2012 & 7/2/2012 Property Owner/Manager: Knight Properties c/o Stephan Gharabegian By authority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and 127B of the Massachusetts General Laws, the Amherst Health Department has conducted an inspection of the above mentioned dwelling, and found it to be in violation of the Minimum Standard of Fitness for Human Habitation. A list of the violations is enclosed. You are hereby ordered to begin necessary repairs, or contract in writing with a third party within five (5) days (of the date on this letter), and to make a good faith effort to substantially correct within thirty (30) days, as of the date of this letter, all violations recorded on the report. You are further ordered to correct any violations followed by an asterix (*) within twenty-four hours of receipt of this notice. These are violations or conditions, which endanger the health, or safety and well-being of the occupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the occupant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection form. A reinspection will be conducted, as indicated, to determine compliance. You are entitled to a hearing, provided a written petition is received within seven (7) days. You are also entitled to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports, orders and notices. Any adverse parties also have the right to appear at the hearing. Every occupant shall give the owner, agent or employees, access, upon reasonable notice, for the purpose of correcting these violations. (CMR.810) Failure to comply with this order may result in a fine of not less than ten, nor more than five hundred dollars; each day constituting a separate violation. It is your responsibility to provide proper workmanship and to obtain the appropriate private permits where necessary. Your immediate attention will be appreciated. If you have any questions, please contact this office at 413-259-3077. Sincerely,

___________________________ Javeria Mir; Edmund Smith

Inspection Form
Amherst Health Department, 70 Boltwood Walk, Amherst, MA 01002 413-259-3077 SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation Date: 6/29/2012; 7/2/2012 Time: 1:30pm & 12 noon # Occupants unclear (13 names on mail roster) # Children < 6 Years none Address: 11 Phillips Street Unit # (whole house) City/Town: Amherst Occupant Name: Phone # Email: Owner Name: Knight Properties c/o Stephan Gharabegian Phone# Email: Owner Address:405 Waltham St. #396 City/Town: Lexington MA Zip Code: 02421 # Dwelling/ Rooming Units in Dwelling: # Stories: Floor Level of Unit: # Sleeping Rooms: (Property card: 5 BR) # Habitable Rooms: Inspector: Javeria Mir (7/2/2012 w/interior access); Edmund Smith (6/29/2012 Plain view) If violations are observed and checked, describe them fully on Page 3. Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) if Violation Observed Responsible Party Own er Exterior, Yard & Porch Locks Posting, ID, Exit signs/emergency lights Handrails, steps, doors windows, roof Rubbishstorage and collection Maintenance of Area: Parking area: discarded upholstered furniture, construction debris, trash near dumpster Exterior trim: rear, 3rd fl. Cornice trim missing; 1st fl: window sill trim missing, sill rotten & open to weather Driveway side foundation wall: open pipe penetrations to interior Light, windows: broken picture window 3rd fl. Rear left Egress: broken balusters all levels; weakened stair treads between 2nd & 3rd floor; joist hangers rusting extensively Handrails: Rail & top of guard system weak in several places (wont pass 200# test) Door: 3rd floor rear exterior door: water damage at bottom, 2 + weather gap Floors, walls ceilings Hallways, railings, stairs Light, windows Location (circle): Front Rear Middle
480 481, 483, 484 500, 501, 503 600, 601 602

Occup ant

XXX

XXX

500

XX

XX

Common Areas & Entry: Rear 3 floor egress stairs

253, 254, 501, 500

X XXX

X XXX

450, 451, 452

503

501

Interior Halls & Stairs Bedroom 1

500 503 253, 254, 501

Left

Middle Right

Area or Element

Type of Violation Use blank boxes for ones not listed

Possible Code Section(s)

if Violation Observed

Responsible Party Own er Occup ant

Bedroom 2

Floor Level of Unit Ventilation Ceiling height Windows, screen Wall Location (circle): Front Floor Level of Unit Ventilation Ceiling height Windows, screen

280 401, 402 501, 551 500

Rear

Middle
280 401, 402 501, 551

Left

Middle Right

Bathroom

Kitchen

Kitchen, cont.

Living room and Dining Room

Basement

Toilet, sink, shower, tub, door Smooth, impervious surfaces Lights, outlets, ventilations Floors/walls Ceiling Sink, stove, oven; good repair, impervious and smooth, space refrig Lights, outlets, ventilation, windows, screens Cabinets Floor Floors/Walls Lights, outlets, ventilation Ceiling height Windows/screens Ceiling condition Sink Maintenance Watertight Lighting Source (circle): Public Private Must be potable Quantity, pressure Responsible for paying MGL ch 186 s 22, metering Fuel Type (circle): Natural Gas Oil Location taken: Kitchen Quantity, pressure, 110 F min, 130 max Venting Type (circle): Forced Hot Water

150 150 251, 280 504

X X

X X

100

251, 280, 501, 551

351,352 504 500 250, 280 401, 402 501, 551

500 500 253

Water

180 180 354

Hot Water

Electric
190 202

Other

Temp.:

Heating

Forced Hot Air

Steam Electric

Area or Element

Type of Violation Use blank boxes for ones not listed

Possible Code Section(s)

if Violation Observed

Responsible Party Own er Occup ant

No portable units Habitable room and every room with toilet, shower, tub
68 F 7 am to 11 pm, 64 F 11:01 pm to 6:59 am, except 6/15-9/15 78 F max in heating season/measure 5 feet wall, 5 feet floor

200 201

Venting, metering Electrical Type (circle): 110 220 Amp: Amperage, temporary wiring, metering Free from obstruction Type (circle): Public Private Sanitary drainage required and maintained Required & operational Emergency lights Free of pests (rodents, skunks, cockroaches, insects) Structural maintenance and elimination of harborage Tread Overgrown vegetation

202, 354, 355

250, 255, 256, 354

X
300, 351

X X

Drainage, Plumbing Smoke & CO Detectors Pests

482

550

550

Stairs Weed Access Other

500

X X

X X

602

810

Referral: Electric Fire Plumbing Building Other This inspection report is signed and certified under the pains and penalties of perjury. Inspector Signature: Occupant or Occupants Representative Signature: Reinspection Date: Time: Note: Effective March 31, 2006 every residential structure that presently or in the future contains Fossil fuel Burning Equipment or has enclosed parking shall be equipped, by the owner, landlord or superintendent, with working and Listed Carbon Monoxide Alarm Protection. Note: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the health, safety, and well-being of any person(s) occupying the premises Please Note the Town Of Amherst charges a fee of $75 (Seventy Five Dollars) for each reinspection conducted after the first.

Written description of any violation(s) checked above


Area/Element, Code Citation and Description of Violation Exterior: Parking Area:
410.602: Maintenance of Areas Free from Garbage and Rubbish (A) Land. The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety, and well-being of the occupants of any dwelling or of the general public.

Acceptable Remedies
Remove and properly dispose of all garbage, rubbish, and other refuse 30 days to correct.

Discarded upholstered furniture (rear of house); construction debris; trash in parking area esp. near dumpster

Exterior: Rear cornice trim:


410.500: Owner's Responsibility to Maintain Structural Elements Every owner shall maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow, and is rodent-proof, watertight and free from chronic dampness, weathertight, in good repair and in every way fit for the use intended. Further, he shall maintain every structural element free from holes, cracks, loose plaster, or other defect where such holes, cracks, loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage.

Repair or replace as necessary. 30 days to correct.

Cornice trim missing 3rd fl. Top of egress stairs; 1st fl: window sill trim missing, sill rotten & open to weather.

Exterior: Driveway side foundation wall:


410.500: Owner's Responsibility to Maintain Structural Elements

Open pipe penetrations to interior of wall or house.

Repair or replace as necessary. 30 days to correct. Repair or replace as necessary. 30 days to correct. Repair or replace as necessary. 30 days to correct.

Rear entry: 3rd fl. Picture window


410.500: Owner's Responsibility to Maintain Structural Elements

Broken window glass top floor rear of house

Egress: Rear Guard system & stairs:


410.500: Owner's Responsibility to Maintain Structural Elements 410.450: Means of Egress Every dwelling unit, and rooming unit shall have as many means of exit as will allow for the safe passage of all people in accordance with 780 CMR 104.0, 105.1, and 805.0 of the Massachusetts State Building Code. 410.452: Safe Condition The owner shall maintain all means of egress at all times in a safe, operable condition and shall keep all exterior stairways, fire escapes, egress balconies and bridges free of snow and ice, provided, however, in those instances where a dwelling has an independent means of egress,

not shared with other occupants, and a written letting agreement so states, the occupant is responsible for maintaining free of snow and ice, the means of egress under his or her exclusive use and control. All corrodible structural parts thereof shall be kept painted or otherwise protected against rust and corrosion. All wood structural members shall be treated to prevent rotting and decay.Where these structural elements tie directly into the building structural system, all joints shall be sealed to prevent water from damaging or corroding the structural elements. 410.503: Protective Railings and Walls The owner of all dwellings shall provide: (A) A safe handrail for every stairway that is used or intended for use by the occupant as required by 780 CMR: Massachusetts State Building Code. (B) A wall or guardrail on the open side of all stairways no less than 30 inches in height. Any such guardrail replaced or constructed after August 28, 1997 (effective date of Massachusetts State Building Code, Sixth Edition) shall be not less than 34 inches in height (780 CMR 1022.2.2 and 3603.14.2.1). (C) A wall or guardrail at least 36 inches in height, enclosing every porch, balcony, mezzanine, landing, roof or similar place, which is 30 inches or more above the ground and that is used or intended for use by the occupants. Any such wall or guardrail for other than Use Group R-4 and along opens sided floor areas, mezzanines and landings in occupancies in Use Group R-3, replaced or constructed after August 28, 1997, shall not be less than 42 inches in height (780 CMR 102 and 3603.14). (D) Between all required guardrails and open handrails, balusters placed at intervals of no more than six inches, or any other ornamental pattern between the guardrail or handrail and floor or stair such that a sphere six inches in diameter can not pass through the opening. Any balusters or ornamental work constructed or replaced after August 28, 1997 shall have no space greater than 4 inches and in all use groups other than R-4, shall not be constructed as to provide a ladder effect (780 CMR 1021 and 3603.14). 410.020: Definitions: Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105 CMR 410.000 in a work-personlike fashion and restoring all parts of the dwelling, or unit thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to perform work necessary to correct the violations, such as, but not limited to building, plumbing and wiring that the appropriate official certifies that the work has been completed in accordance with applicable laws and regulations.

Broken balusters in several places; weakened & unsecured stair treads 2nd to 3rd floor stairs; joist hangers rusting extensively (possible incompatibility: refer to building inspectors); handrails and top of guard system insecure in places/wont pass 200# thrust test.
Entry: 3 fl. Egress Door: 410.500: Owner's Responsibility to Maintain Structural Elements 410.501: Weathertight Elements (B) An exterior door or a door leading from a dwelling unit to a common passageway shall be considered to be weathertight only if: (1) all panes of glass are in place, unbroken and properly caulked; and (2) the door opens and closes fully without excessive effort; and (3) exterior cracks between the prime door frame and the exterior wall are caulked; and (4) one of the following conditions is met: (a) a storm door is affixed to the prime door frame, with caulking installed so as to fill exterior cracks between the storm door frame and the prime door frame; or (b) weatherstripping is applied such that the space between the door and the prime door frame is no larger than 1/16 inch at any point on the perimeter of the door or (c) the door is sufficiently well-fitted such that, without weather-stripping, the space between the door and the prime door frame is no larger than 1/16 inch at any point on the sides of the door or _ inch at any point on the top or bottom of the door.
rd

Repair or replace as necessary. 30 days to correct.

Door has extensive weather damage at bottom (2 weather gap at doorsill)


Basement Passage to Electric Panel must be free of obstruction
nd

Stairs (Leading to 2 Paint Peeling off the stairs landing

Floor)

Repair or replace as necessary. 30 days to correct.

Kitchen Stove Missing Drawer Cabinets missing doors Drain not working properly Light Bulb needs to be covered 2 floor Stairs Broken Treads 2 Floor Bathroom Bulb needs to be covered Cabinets missing doors Front Yard Overgrown vegetation
nd nd

Repair or replace as necessary. 30 days to correct.

Repair or replace as necessary. 30 days to correct. Repair or replace as necessary. 30 days to correct.

THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING CODE 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 payment. You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain 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 building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay for it. (for this it is best to put the rent money aside in a safe place.) 2. Repair and Deduct (General Laws Chapter 111 Section 127L). This law sometimes allows 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 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 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. 3. Retaliatory Rent Increases or Eviction 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 making a complaint to your local code enforcement agency about code violations. If the owner raises 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 damages if he or she tries this. 4. Rent Receivership (General Laws Chapter 111 Sections 127C-H). 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. 5. Search 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 net meet minimum standards of habitability. 6. 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. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY LEGAL ACTION. IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: Western Mass Legal Services Tel: 413-781-7814 One Monarch Place, Suite 400 | Springfield, MA 01144

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