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HomeMy WebLinkAboutMiscellaneous - 154 Kingston Street 154 KINGSTON STREET _ ` 2101021.0- D06 D154 Y ` w Town of North Andover p°RTH Office of the Health Department o b Community Development and Services Division q� William J.Scott,Division Director *°q �-.�• •� �' 27 Charles Street 4S Teo 0 North Andover,Massachusetts 01845 Sandra Starr Telephone(978)688-9540 Health Director Fax(978)688-9542 V , May 7,2001 Carol Hazard 85 Riverdale Avenue Bradford,MA 01835 Dear Ms. Hazard, The Health Department has received your response to the letter sent to you on April 25,2001. I understand that you may feel as though you are a"pawn in the system", however, I I can assure you that this office is dealing with you as a landlord only. And as a landlord, it is incumbent upon you to be sure that your property meets the state sanitary code, 105 CMR 41.000. Although your involvement with the Health Department was initiated by a renter, it is now only between you and this office. It is the Health Department's duty to respond to complaints by renters,however, if there had been no violations to the Human Habitation Code, there would have been no reason for an Order Letter. As for your frustrations that the renter did not give you notice of violations. Although we encourage it,the code does not require that the renter notify you prior to the contacting the Health Department. Again, it is the responsibility of the owner to check on his/her property to ensure it remains compliant to the code. The renter rents a property assuming that the owner understands that at all times the property.must comply with the minimum standards. It is owners that do not understand this,,that place themselves in situations such as you have found yourself. Because of this the "how's"of how you got in this situation are not as important as dealing with the Order Letter that is outstanding on your property. Whether or not you sell the unit, is not the question at this time. It is good to hear that you are "making repairs", however,that statement does not meet the requirements set before you by the Order Letter. " Violations to be corrected no later than ten days from receipt of this order letter or a signed contract with a professional for repairs must be submitted to the Health Department for approval within seven days". If you intend to complete much of the repair work yourself,you must submit a timetable with a date of completion so that it can be properly followed up. The items that require a contractor, such as the repair of the smoke detectors,must also be listed and an estimate of work and an BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 J approximate completion date must be included. Please address each item on list. As the apartment is not currently rented I am able to allow some flexibility to the Order,however,you have not shown any acts of good faith to this office. Please submit the information on the repairs by Friday,May 18,2001. If this deadline is adhered to,your timetable request will be considered If you do not respond as requested you will be asked to appear at the next regularly scheduled Board of Health meeting, which is scheduled for May 24,2001. In closing, thank you for your prompt response to the last letter. Unfortunately,your suggestion that the Health Department wait for you to"call to inspect"at your convenience does not adequately comply with the regulations. If you have any questions concerning this issue,please contact me at e th Health Department. Sincere Y, san Ford,R.S. Health Inspector I I a i Essex North Registry of Deeds - Search Results Page I of 2 Essex North Rei gistry -ol Deeds (No Graphics here to save time and ink when printing.) Home I Regi4ter's Message I Homestead Act I Directions I Services&Fees I Search I Links Common Records Grantor Search by "HAZARD" found 15 records Fio Page 1 of 1 rack".to Grantor: HAZARD, CAROL lGrantee: Description: 154 KINGSTON ST 7— Book: 3098 Page, 85 Date: 4/23/1990 ITown: N AND IType: ML jAmount: 0.00 L- - Grantor: HAZARD, CAROLE IGrantee: VALLEY COOP BK Description: UNIT 154 PL7654 .Book: 1635 Page: 20 Date: 1/4/1983 jTown: N AND IType: MTG jAmount: 0.00 Grantor: HAZARD, CAROLE A IGrantee: LAWRENCE SAVINGS BANK Description: 154 KINGSTON ST UNIT 154 Book: 3098 Page: 86 Date: 4/23/1990 Town: N Type: Amount: 1AND I MTG I3000000 J Grantor: HAZARD, CAROLE A Grantee: COUNTRYWIDE HOME LOANS IINC Description: UNIT 154 154 KINGSTON ST BookBook; 8410--Pa Date: 11/19/2003 Town: N Type: Amount: .:..._.............-........... AND MTG 99,900.00 Grantor: HAZARD, CAROLE TR Grantee: Description: .Book: 2692 Page: 284 Date. 3/16/1988 ITown: IType: DNTR Amount: 0.00 Grantor: HAZARD, CAROLE TR Grantee: Description: DEC TRUST 2692-284 Book7Pagev63 : 428 Dat 6/30/1995 ITown: IType: CERT Amount: 0.00 - Grantor: HAZARD, CAROLE TR IGrantee: CHAREST, SHARRON E Description: 49-51 DOYLE ST PCLS A B PL 0178 49 DOYLE ST Book: 4287 Page: 64 jDate: 6/30/1995 Town: IType: jAmount: I LAW DEED 31,800.00 Grantor: HAZARD, CAROLE TR IGrantee: Description: 49-51 DOYLE ST Book: 4353 PAge- ML Amount: 0.00 1,53 jDate: 10/3/1995 ITown: LAW IType: IGrantor: HAZARD, CAROLE TR IGrantee: http://www.lawrencedeeds.coryVdsSearchResults.asp 2/25/2004 Essex North Registry of Deeds - Search Results Page 2 of 2 Description: Book: 5668Page: 298 Date: 1/31/2000 Town: Type: DCLN TRUST Amount: Grantor: HAZARD, GREGG Grantee: WASHINGTON MUTUAL BANK FA Description: 6 DALE ST Book: 6695 Page: 160 Date: 2/28/2002 Town: Type: Amount: METH 1MTG 1100,000.00 Grantor: HAZARD, GREGG Grantee: BOJAS, GERALD J Description: DALE ST Book.:..._671__1____Page:__206. Date: 3/8/2002 Town: Type: Amount: METH 1MTG 150,000.00 Grantor: HAZARD, GREGG Grantee: MILLER, ROBERT R Description: Book: 7356 Page: 108 Date: 12/13/2002 Town: METH Type: DEED Amount: Grantor: HAZARD, JULIANNE Grantee: WASHINGTON MUTUAL BANK FA Description: 6 DALE ST .B..ook.__6695_Page;. 160_ Date: 2/28/2002 Town: Type: Amount: METH IMTG 100,000.00 Grantor: HAZARD, JULIANNE Grantee: BOJAS, GERALD J Description: DALE ST Book: 6711 Page: 206 Date: 3/8/2002 Town: Type: Amount. METH MTG 150,000.00 Grantor: HAZARD, JULIANNE Grantee: MILLER, ROBERT R Description: Book_7356__Page108 Date: 12/13/2002 Town: METH Type: DEED Amount: a Page 1 of 1 acc taom ©2000 Essex North Registry of Deeds. http://www.lawrencedeeds.con/dsSearchResults.asp 2/25/2004 f 1 Town of North Andover NORTH Office of the Health Department °�, Community Development and Services Division William J.Scott,Division Director 27 Charles Street �93sc,r„s North Andover,Massachusetts 01845 Sandra Starr Telephone(978)688-9540 Health Director Fax(978)688-9542 May 7,2001 Carol Hazard 85 Riverdale Avenue Bradford,MA 01835 Dear Ms. Hazard, The Health Department has received your response to the letter sent to you on April 25,2001. I ( understand that you may feel as though you are a"pawn in the system", however, j I can assure you that this office is dealing with you as a landlord only. And as a landlord, it is incumbent upon you to be sure that your property meets the state sanitary code, 105 CMR 41.000. Although your involvement with the Health Department was initiated by a renter, it is now only between you and this office. It is the Health Department's du to respond to complaints b p duty l� . P Y renters,however, If there had been no violations to the Human Habitation Code,there would have been no reason for an Order Letter. As for your frustrations that the renter did not give you notice of violations. Although we encourage it,the code does not require that the renter notify you prior to the contacting the Health Department. Again, it is the responsibility of the owner to check on his/her property to ensure it remains compliant to the code. The renter rents a property assuming that the owner understands that at all times the property.must comply with the minimum standards. It is owners that do not understand this,,that place themselves in situations such as you have found yourself. Because of this the"how's"of how you got in this situation are not as important as dealing with the Order Letter that is outstanding on your property. I'I Whether or not you sell the unit, is not the question at this time. It is good to hear that you are "making repairs", however,that statement does not meet the requirements set before you by the Order Letter. " Violations to be corrected no later than ten days from receipt of this order letter or a signed contract with a professional for repairs must be submitted to the Health Department for approval within seven days". If you intend to complete much of the repair work yourself,you must submit a timetable with a date of completion so that it can be properly followed up. The items that require a contractor, such as the repair of the smoke detectors,must also be listed and an estimate of work and an BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 'r approximate completion date must be included. Please address each item on list. As the apartment is not currently rented I am able to allow some flexibility to the Order,however,you have not shown any acts of good faith to this office. Please submit the information on the repairs by Friday,May 18,2001. If this deadline is adhered to,your timetable request will be considered. If you do not respond as requested you will be asked to appear at the next regularly scheduled Board of Health meeting, which is scheduled for May 24,2001. I � In closing,thank you for your prompt response to the last letter. Unfortunately,your suggestion that the Health Department wait for you to"call.to inspect"at your convenience does not adequately comply with the regulations. If you have any questions concerning this issue,please contact me at the Health Department. i Sincere y, �e san Ford,R.S. Health Inspector i I � f 1 i ko-1,A- P r CA, oxi a'a-- � � Town of North Andover o� "°o*", a F? c`4d •`•`OLA Office of the Health Department Community Development and Services Division * ; , •°oma. William J.Scott,Division Director. ,� '•,;.o��"�,, 27 Charles Street C North Andover,Massachusetts 01845 Sandra Starr Telephone(978)688-9540 Health Director Fax(978)688-9542 April 25, 2001 Carol Hazard �446 85 Riverdale Avenuef- `.-, j Bradford, MA 01835 fYWf 2001 Dear Ms. Hazard: ,.. � This correspondence is in regards to your rental property at 154 Kingston Street,North Andover. Over the past few weeks I have unsuccessfully attempted to contact you by phone, at 978 521-0072. Please contact the Health Department as soon as possible. Although we are aware that your tenants have moved, the Order Letter remains in effect. The allotted timetable for repairs has passed. Without communication from you we are unable to grant any extensions you may need to complete the work. The regulations enforced by the Health Department are bound by specific timetables. If we have not heard from you with one week of receipt of this letter a complaint may be filed against you at the Lawrence District Housing Court. A hearing would then be scheduled, and a meeting with the Clerk Magistrate would be set up to attempt to mediate the situation. I hope that we will be able to move forward without such measures. I urge you to contact this office as soon as possible. Also, please be advised that re-renting this unit with known Sanitary Code violations is illegal. Thank you for your anticipated cooperation in resolving this matter. Sincerel usan Ford, R.S. Health Inspecto "�- � � ''`' NCt;-SI-e-P L /vim" sr� - U-rt- ,BOARUj D OF OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 UJ c ` UJ C),-ST t ('L^' / �. /`A-�^ c- - -�• �� a a �-vim /4- ' Town of North Andover F NORTN O , •�,6. Office of the Health Department op Community Development and Services Division * s , William J.Scott Division Director �l °4wreo�y 27 Charles Street 'SSAcNuS��� North Andover,Massachusetts 01845 Sandra Starr Telephone(978)688-9540 Health Director Fax(978)688-9542 April 25, 2001 Carol Hazard 85 Riverdale Avenue Bradford, MA 01835 Dear Ms. Hazard: This correspondence is in regards to your rental property at 154stonstmt,North Andover. Over the past few weeks I have unsuccessfully attempted to contact you by phone, at 978 521-0072. Please contact the Health Department as soon as possible. Although we are aware that your tenants have moved, the Order Letter remains in effect. The allotted timetable for repairs has passed. Without communication from you we are unable to grant any extensions you may need to complete the work. The regulations enforced by the Health Department are bound by specific timetables. If we have not heard from you with one week of receipt of this letter a complaint may be filed against you at the Lawrence District Housing Court. A hearing would then be scheduled, and a meeting with the Clerk Magistrate would be set up to attempt to mediate the situation. I hope that we will be able to move forward without such measures. I urge you to contact this office as soon as possible. Also, please be advised that re-renting this unit with known Sanitary Code violations is illegal. Thank you for your anticipated cooperation in resolving this matter. Sincerel , usan Ford, R.S. Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 Town of North Andover tyDRTM Office of the Health Department � Community Development and Services Division UP William J.Scott,Division Director 27 Charles Street $S�aceaus�� Sandra Starr North Andover,Massachusetts 01845 Telephone(978)688-9540 .Health Director Fax(978)688-9542 NORTH ANDOVER BOARD OF HEALTH ORDER Issued under the provisions of the State Sanitary Code, Chapter I1,Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: March 14, 2001 To Owner of Record: Property Location: Carole Hazard 154 Kingston Street 85 Riverdale Avenue North Andover,MA Bradford,MA 01835 01835 North Andover Health Department personnel received a complaint on March 1, 2001 and made an authorized inspection of your property at the above address March 13, 2001. This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter-I, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have the right to request a hearing before the Board ofHealth if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7)'days from the 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. All affected parties will be informed of the date,time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. An attorney may represent you. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Susan Ford, R.S. Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEIPT OF THIS ORDER LETTER OR A SIGNED CONTRACT WITH A PROFESSIONAL FOR REPAIRS MUST BE SUBMITTED TO THE HEALTH DEPARTMENT FOR APPROVAL WITHIN (7) DAYS: VIOLATION REGULATION REINSPECTION 1) Kitchen floor tiles cracked/not cleanable 410.500 Every owner shall maintain the floors free from cracks or defects that render the area difficult to keep clean Repair floor tiles and floor as needed 2) Kitchen window won't stay up. 410.501 - All windows must operate as intended Repair window as needed 3) No handrail on stairway to lower level 410.503(A) - The owner shall provide a safe handrail for every stairway used by occupants. Install a secure rail on stairway 4) Stairway to lower level --flashing at top 410.500 of stairs a tripping hazard. - must maintain free from hazards Secure metal strip 5) Banister at the top of 2nd floor stairs wobbly. Floorboard it is attached to is not secure. 410.503 (B) - The owner shall provide and maintain this protective railing in a safe condition Repair floorboard as needed 6) Hard wired smoke detectors not operational - Fire Department safety officer, Andy Melnikas, 410.482 inspected and stated that installed hard wire smoke detectors must be maintained operational by the owner Hire an electrician to repair units as needed 7) Living Room window - screen on the 410.551(2) left has holes. All screens must be maintained free of defect. Repair or replace screen All owner-installed'appliances must be maintained by the owner in operational condition Repair dishwasher as needed 9) Back bedroom has sliding 410.551(3) expandable screens, do not fit properly - Expandable temporary screens shall not be deemed as an acceptable screen Install screens where missing 10) Upstairs bathroom tub faucets 410.351 constantly open, with hot water flowing into tub. - All plumbing fixtures must be maintained by the owner to operate as intended Repair fixture to eliminate defect 11) No landlord information posted - An owner of a dwelling shall post and 410.481 maintain near the mail boxes or elsewhere in the interior of a dwelling in a location visible to the residents, a notice constructed of durable material, not less that 20 square inches in size, bearing the name, address and telephone number of the managing trustee or partner. Post landlord information as required by code. Cc: renters, Olenio and McCarthy Sandra Starr, Health Director File ( j Legal Remedies for Tenants of Residential Housing THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. I. Rent Withholding(General Laws Chapter 339 Section 8A) If Code Violations Are A'ot Being Corrected you may be entitled to hold back your rent payments. You can do this without being evicted if: �. You can prose that your dwelling unit or common areas contain code violations which are serious enough to endanger or materi- ally 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 it.(For this it is best to put the rent money aside in a safe place.) i 2 Repair and Deduct(General Laws Chapter I 1 I Section 127L). The law sometimes allows you to use}.our rent money to make the repairs yourself. If your local code enforcement agency certifies that there are code violations w hich endanger or materially impair your health,safety or well-being and your landlord has received written notice of the%iolations. you may be able to use this remedy. If the owner fails to begin necessary repairs(or to enter into a written contract to ha%e them made)within five days after notice or to complete repairs within 14 days after notice you can use up to tour months' rent in any year to make the repairs. 3. Retaliators Rent 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 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 re- ceiver is not subject to a spending limitation of four months' rent. :. Breach of`A'arranty of Habitability. You may be entitled to sue your landlord to have all or some of your rent returned if your dw•elline unit does not meet minimum tanu- ards of habitabiiity. 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 %ou may ;ue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU DECIDE TO WITHHOLD YOUR RENTOR TAKE ANY OTHER LEGAL ACTION,IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CAN- NOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHiCH iS: (NANI E) (TELEPHONE NUMBER) (ADDRESS) FORM -I HOBBS&WARREN.INC. NOV. 1979 Town of North Andover 6 tiOaFN q FILE "J Office of the Health Department ° °•"° `.iL_ Community Development and Services Division y William J.ScottDivision Director 1- �.4 g4Tttl ��� 27 Charles Street SS+CHU 97 North Andover,Massachusetts 01845 Telephone Sandra Starr � p ( 8)688-9540 Health Director Fax(978)688-9542 NORTH ANDOVER BOARD OF HEALTH ORDER Issued under the provisions of the State Sanitary Code,Chapter lI,Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: March 14, 2001 To Owner of Record: Property Location: Carole Hazard 154 Kingston Street 85 Riverdale Avenue North Andover,MA Bradford,MA 01835 01835 North Andover Health Department personnel received a complaint on March 1,2001 and made an authorized inspection of your property at the above address March 13, 2001. This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter II, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7)days from the receipt ofthis 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. All affected parties will be informed of the date,time and place of the hearing and of their right to inspect and copy all records concerning the matter to,be heard. An attorney may represent you. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. ="Susan Ford, R.S. Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 r VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEIPT OF THIS ORDER LETTER OR A SIGNED CONTRACT WITH A PROFESSIONAL FOR REPAIRS MUST BE SUBMITTED TO THE HEALTH DEPARTMENT FOR APPROVAL WITHIN (7) DAYS: VIOLATION REGULATION REINSPECTION 1) Kitchen floor tiles cracked/not cleanable 410.500 Every owner shall maintain the floors free from cracks or defects that render the area difficult to keep clean Repair floor tiles and floor as needed 2) Kitchen window won't stay up. 410.501 - All windows must operate as intended Repair window as needed 3) No handrail on stairway to lower level 410.503(A) - The owner shall provide a safe handrail for every stairway used by occupants. Install a secure rail on stairway 4) Stairway to lower level —flashing at top 410.500 of stairs a tripping hazard. - must maintain free from hazards Secure metal strip 5) Banister at the top of 2"d floor stairs wobbly. Floorboard it is attached to is not secure. 410.503 (B) - The owner shall provide and maintain this protective railing in a safe condition Repair floorboard as needed 6) Hard wired smoke detectors not operational - Fire Department safety officer, Andy Melnikas, 410.482 inspected and stated that installed hard wire smoke detectors must be maintained operational by the owner . Hire an electrician to repair units as needed 7) Living Room window- screen on the 410.551(2) left has holes. - All screens must be maintained free of defect. Repair or replace screen - All owner-installed'appliances must be maintained by the owner in operational condition Repair dishwasher as needed 9) Back bedroom has sliding 410.551(3) expandable screens, do not fit properly - Expandable temporary screens shall not be deemed as an acceptable screen Install screens where missing 10) Upstairs bathroom tub faucets 410.351 constantly open, with hot water flowing into tub. All plumbing fixtures must be maintained by the owner to operate as intended Repair fixture to eliminate defect 11) No landlord information posted - An owner of a dwelling shall post and 410.481 maintain near the mail boxes or elsewhere in the interior of a dwelling in a location visible to the residents, a notice constructed of durable material, not less that 20 square inches in size, bearing the name, address and telephone number of the managing trustee or partner. Post landlord information as required by code. Cc: renters, Olenio and McCarthy Sandra Starr, Health Director File i Legal Remedies for Tenants of w Residential Housing THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. I I. Rent Withholding(General Laws Chapter 239 Section 8A) f j tf Code Violations Are A'ot Being Corrected you may be entitled to hold back your rent payments. You can do this without bein_ evicted if: ! A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or maten- ally 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 it.(For this it is best to put the rent money aside in a safe place.) 2. Repair and Deduct(General Laws Chapter 1 I 1 Section 127L). The 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%iolations. you may be able to use this remedy. If the owner fails to begin necessary repairs(or to enter into a written contract to ha%e 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. Retaliator•Rent 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 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. I 4. Rent Receivershio(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 :o 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 rc- cei%er is not subject to a spending limitation of four months' rent. I, Breach of Warranty of Habitability. `You mai be entitled to sue your landlord to have all or some of vour rent returned if your dwelling unit does not meet minimum �tanu- ards of habitabiiit. 6. Unfair and Decepti%e Practices(General Laws Chapter 93A). Renting an apartment with code violations is a %iolation of the consumer protection act and regulations for which %ou may sue an ow ner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAi:E ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CAN- NOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH Is: (NANlE) (TELEPHONE NUMBER) (ADDRESS) FORM -.I HOBBSS WARREN,INC. NOV. 1979 Town of ]North Andover °� NoR*M , Office of the Health ]Department Community Development and Services Division 4- # , William J.Scott,Division Director 27 Charles Street ,SSACHt1S North Andover,Massachusetts 01845 Sandra Starr Telephone(978)688-9540 Health Director Fax(978)688-9542 l April 25, 2001 Carol Hazard 85 Riverdale Avenue Bradford, MA 01835 Dear Ms. Hazard: This correspondence is in regards to your rental property at 154 Kingston Street,North Andover. Over the past few weeks I have unsuccessfully attempted to contact you by phone, at 978 521-0072. Please contact the Health Department as soon as possible. Although we are aware that your tenants have moved, the Order Letter remains in effect. The allotted timetable for repairs has passed. Without communication from you we are unable to grant any extensions you may need to complete the work. The regulations enforced by the Health Department are bound by specific timetables. If we have not heard from you with one week of receipt of this letter a complaint may be filed against you at the Lawrence District Housing Court. A hearing would then be scheduled, and a meeting with the Clerk Magistrate would be set up to attempt to mediate the situation. I hope that we will be able to move forward without such measures. I urge you to contact this office as soon as possible. Also, please be advised that re-renting this unit with known Sanitary Code violations is illegal. Thank you for your anticipated cooperation in resolving this matter. Sincere] , usan Ford, R.S. Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 Z 370 627 479 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sentt LE / Street umber Post ice,State,&ZIP Code Postage $ Certified Fee A 7 � Special Delivery Fee Restricted Delivery Fee \I� LOA 0 Return Receipt Showing to Whom&Date Delivered a Return Receipt Showing to Whom, w Q Date,&Addressee's Address W TOTAL Postage&Fees $ �. V) Postmark or Date �} ii (L T a Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service a window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the m return address of the article,date,detach,and retain the receipt,and mail the article. N 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the O O addressee,endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ti 6. Save this receipt and present it if you make an inquiry. 102595-99-M-0079 d NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housing Inspection Report COMPLAINT # I„ COMPLAINANT ADDRESS OF PREMISES % a" OCCUPANT OWNER L� OWNER'S ADDRESS DATE OF INSPECTION HOUR 3 013 ROOMS/VIOLATION: Sr2 B y , ' Z D-NS ! sa OC vim 9p" dq i 'S INSPECTOR Form#HIR-1 Action Press 685-7000 Town of North Andover F NORTH OFFICE OF COMMUNITY DEVELOPMENT ANSERVICES I) A 27 Charles Street North Andover, Massachusetts 01845 ��ssncHusEt�y WILLIAM J. SCOTT Director (978)688-9531 Fax (978)688-9542 COMPLAINT FORM I DATE: COMPLAINTANT: ADDRESS: PHONE: GI (f tt �a COMPLAINT AGAINST: / ADDRESS: PHONE: l Q s COMPLAINT: f 0 OP BOARD OF APPEALS 688-9541 BUILDING 6188-✓9545 CON VA ON 688-9530 HEAL6688-9540 PLANNING 688-9535 7� CERTIFIED Z 370 627 479 .aJtfli POSTAGE 0 OFFICE OF "T .7 4 Town of North Andover 4� 0 31 A COMMUNITY DEVELOPMENT AND SERV 27 Charles Street North Andover,Massachusetts 01 LED MOVED LEFTNOADDFJES ATTEMpTED NOT S Cj UNC KNOWm AIMED Cj USE r REF, C2 VACANT ❑ EDNO MAIL BOX CD POSTAGE DUE uN C:1 INSUFFICIENi E:j FORWARDING TADDRESS 0' CINN OF NORTH ANDO, Al ING ORDER EXPIRED CD I E: IMD.� r4o BOARD OF HEALTri CJ No SUCH STREET ED NUM13ER (PEEL OFF-UPDATE CU APR - 4 2NI Braawiv, CUSTOMER LIST) ssaippe ujnjaj 8qj jo jqBIJ SENDER: COMPLETE THIS SECTION� 1 COMPLETE . ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. Signature ■ Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. ❑Addressee I i I D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No UERXD,-9,Z. � � I 3. SServi eType L�'Ce, ified Mail ❑ EX ress Mail ❑ Registered L�d'Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) Z 3764-? 7 A179 PS F811,July 1999 <Domestic Return Receipt 102595-00-M-0952 I l A) Town of North Andover Office of the Health Department Community Development and Services Division . William J.Scott,Division Director '♦� ` 27 Charles Street SSACHUSE Sandra Starr North Andover,Massachusetts 01845 Telephone(978)688-9540 Health Director Fax(978)688-9542 NORTH ANDOVER BOARD OF HEALTH ORDER Issued under the provisions of the State Sanitary Code, Chapter II,Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: March 14, 2001 To Owner of Record: Property Location: Carole Hazard 154 Kingston Street 85 Riverdale Avenue North Andover,MA Bradford,MA 01835 01835 North Andover Health Department personnel received a complaint on March 1, 2001 and made an authorized inspection of your property at the above address March 13,2001. This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter H, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the allotted time period may result in a criminal"complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7)days from the receipt ofthis 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. All affected parties will be informed of the date,time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard: An attorney may represent you. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Susan Ford,R.S. Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEIPT OF THIS ORDER LETTER OR A SIGNED CONTRACT WITH A PROFESSIONAL FOR REPAIRS MUST BE SUBMITTED TO THE HEALTH DEPARTMENT FOR APPROVAL WITHIN (7) DAYS: VIOLATION REGULATION REINSPECTION 1) Kitchen floor tiles cracked/not cleanable 410.500 i - Every owner shall maintain the floors free from cracks or defects that render the area difficult to keep clean Repair floor tiles and floor as needed 2) Kitchen window won't stay up. 410.501 - All windows must operate as intended Repair window as needed 3) No handrail on stairway to lower level 410.503(A) - The owner shall provide a safe handrail for every stairway used by occupants. Install a secure rail on stairway 4) Stairway to lower level —flashing at top 410.500 of stairs a tripping hazard. - must maintain free from hazards Secure metal strip 5) Banister at the top of 2nd floor stairs wobbly. Floorboard it is attached to is not secure. 410.503 (B) - The owner shall provide and maintain " this protective railing in a safe condition Repair floorboard as needed 6) Hard wired smoke detectors not operational - Fire Department safety officer, Andy Melnikas, 410.482 inspected and stated that installed hard wire smoke detectors must be maintained operational by the owner Hire an electrician to repair units as needed 7) Living Room window- screen on the 410.551(2) left has holes. - All screens must be maintained free of defect. Repair or replace screen - All owner-installed appliances must be maintained by the owner in operational condition Repair dishwasher as needed 9) Back bedroom has sliding 410.551(3) expandable screens, do not fit properly - Expandable temporary screens shall not be deemed as an acceptable screen Install screens where missing 10) Upstairs bathroom tub faucets 410.351 constantly open, with hot water flowing into tub. - All plumbing fixtures must be maintained by the owner to operate as intended Repair fixture to eliminate defect 11) No landlord information posted - An owner of a dwelling shall post and 410.461 maintain near the mail boxes or elsewhere in the interior of a dwelling in a location visible to the residents, a notice constructed of durable material, not less that 20 square inches in size, bearing the name, address and telephone number of the managing trustee or partner. Post landlord information as required by code. Cc: renters, Olenio and McCarthy Sandra Starr, Health Director File Legal Remedies for Tenants of Residential Housing 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 A'ot 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 materi- ally 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 it. (For this it is best to put the rent mone% aside in a safe place.) 2. Repair and Deduct(General Laws Chapter 111 Section 127L). The 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 vv high endanser or materially impair your health,safety or well-being and your landlord has received written notic. of the v iolations, you may be able to use this remedy. If the owner fails to begin necessary repairs(or to enter into a written contract to ha\. 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 yCar to make the repairs. 3. Retaliator•Rent 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 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 shove 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 I I 1 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 :o 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 rc- ceiver is not subject to a spending limitation of four months' rent. Breach of Warranty of Habitabilit%. 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 tanu- ard.s of habitabiiity. I 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 %ou mal.. sue an J%�tier. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION.IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CAN- NOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH is: (NAME) (TELEPHONE NU`iBER) (ADDRESS) FORM-1 HOBBS&WARREN,INC. NOV.1979