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Pamela DelleChiaie
From: "Brian Lagrasse"<blagrass@
.,tAnofno,lha,n e.,.com>
to
owl 1!og
To: �Pamela DelleChiaie'" <pcolechiaiie& idover.com>
Sent: Thursday, September 18/'2003 1:04 PM
Subject: RE: Follow -Up Complairft re: 30 Maple Avenue/
landlord, from what he has said has dke most oUbeivork and is going to finish soon. eviction is civil matter. not
caused from boh call. caused from tene-nits-alWa-ys having run ins and visits from the police. am going out there
friday to meet with landlord and inspect progress. dont put that police comment on any rpt, just an fyi :)
----- Original Message -----
From: Pamela DelleChiaie [mailto:pdellechiaie@townofnorthandover.com]
Sent: Thursday, September 18, 2003 12:30 PM
To: Brian LaGrasse
Cc: Heidi Griffin
Subject: Follow -Up Complaint re: 30 Maple Avenue
Hi Brian,
Donna Kutcher from 30 Maple Avenue called this a.m. She said that nothing has been done yet re: items
listed on the letter. I told her that the letter just went out on Monday, and that the owners have a certain
number of days to comply.
She also stated that she received an eviction notice from her landlord as a result of reporting him to the
BOH. Is the eviction a civil matter between she and her landlord since it was related to the complaint that
was filed??
Thanks,
Pam
9/18/2003
Town of North Andover
Office of the Health Department
Community Development and Services Division AM -
27 Charles Street
North Andover, Massachusetts 01845
Sandra Starr Telephone (978) 688-9540
,?he, blic Health Director Fax (978) 688-9542
sea
11&14,0, '-'00.� NORTH ANDOVER BOARD OF HEALTH
ORDER LETTER
Issued under the- provisions of the State Sanitary Code, Cbapter If, Minimum Standards
of Fitness for Human Habitation, 105 CMR 410.000.
Date: September 15, 2003
To Owner of Record: Property Location:
Michael and Cynthia Sibeles1d 30 Maple Avenue, Apt #1
30 Maple Avenue, Apt #2 North Andover, MA 01845
North Andover, MA 01845
An authorized inspection was made of your property at the above referenced
address by North Andover Health Department personnel on August 15, 2003 in
response to a complaint by the tenant regarding potential housing code violations and
the presence of conditions deemed to endanger and impair the health and/or safety of
any occupants. The Health Department also had a meeting with you subsequent to the
housing inspection to discuss some of the more serious violations noted and the request
for their immediate repair.
The inspection revealed violations of the State Sanitary Code, Chapter 11, as
listed in the attached Order Letter. You are hereby ORDERED to correct the violations
within the time allotted on the enclosed form. Failure to comply within the specified
time period, may result in further action by the North Andover Board of Health.
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
of this order. At said hearing you will be given an opportunity to be heard and to
present witnesses and documentary evidence as to why this order should be modified
BOARD OF APPEALS 688-9541 BUILD.WC3688-9545 CONSERVATION 688-9530 HEALIU688-9540 PLANNTNG688-9535
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. You may be represented by an attorney. You have the right to inspect and
obtain copies of all relevant records concerning the matter to be heard.
Certified Mail #
,P)
ORDER LETTER - VIOLATION FORM
An authorized inspection of 30 Maple Avenue Apartment #1 was performed by Board
of Health staff on August 15, 2003 at which time violations of 105 CMR 410.000 Chapter
II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation
were found. If upon inspection, any dwelling is found unfit for human habitation and
may endanger or impair the health, or safety and well-being of a person or persons
occupying the premises in accordance with 105 CMR 410.750, then per 105 C'MR
410.830(A)(B) the owner must make a good faith effort to correct the violation within
twenty-four (24) hours and/or begin necessary repairs or submit a contract in writing
with a third party within five (5) days for the correction of the violations. Failure to
respond within the allotted time period may result in the Board of Health taking further
action. The actions discussed at our meeting on August 15, 2003 should be completed
as they are a top priority. ,
VIOLATIONS OF 105 CMR 410.750(A -N) TO BE ADDRESSED WITHIN TWENTY-
FOUR (Z4J HOURS
1. The rear exit door was nailed shut and boarded up. The rear wood stairs were
removed and not replaced. The front entrance was locked and not intended for
use by the occupants on the first floor. The only means of access and egress was
the side entrance located adjacent to the driveway.
"'No person shall obstruct any exit or passageway. 7he owner is responsible for
maintaining free ftom obstruction every exit used or inkndedfor use by occupants -
(105 CMR 410.451).
Please address this violation within 24 hours by replacing the rear stairs and
repairing the rear exit door.
This violation is a violation of 105 CMR 410.750(G) which states "when found to
exist in residential premises, shall be deemed conditions which may endanger or impair
the health, or safety and well-being of an occupant or the public ... (G) Failure to provide
adequate exits, or the obstruction of any exit, passageway or common area caused by any
object, including garbage or trash, which prevents egress in case of an emergency 105
CMR410.450, 410.451 and 410.452. " Please address this violation within 24
hours. The occupants must have at least two means of access and egress
VIOLATION CORRECIED: DATE:
2. The covered porch in the front of the house is in disrepair and is beginning to rot
and decay. There are some areas where plywood has been put over the original
structure to stabilize decaying boards which constitutes an imminent accident
hazard and a serious risk to the safety of the occupants and emergency
personnel. The area of the porch adjacent to the driveway is spongy, rotting,
beginning to sag and also appears structurally unsafe. "'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 andfreefrom chronic dampness,
weathertight, in good repair and in everywayfitfor the use intended. Further, he shall
maintain every structural element fi-ee ftom holes cracks, loose plaster, or other defects
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. " (105 CMR 410.500).
Please repair front porch as to eliminate any safety hazard for occupants or
emergency personnel.
""The following conditions, whenfound to exist in residential premises, shall be deemed
conditions which may endanger or impair the health, or safety and well-being of a person
or persons occupying the premises. This listing is composed of those items which are
deemed to always have the potential to endanger or materially impair the health or safety,
and well-being of the occupants or the public... (K)"Roof, foundation, or other structural
defects that may expose the occupant or anyone else to fire, burns, shock, accident or other
dangers or impairment to health or safety. " ' (105CUR410.750(K)). (10)"failureto
maintain a porch, balcony, roof or exterior stairway in a safe condition as required by 105
CMR 410.500; or...". (105 CNIR 410.830(A)(10)).
VIOLATION CORRECTED: DATE:
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'i
VIOLATIONS TO BE ADDRESSED WITHIN THIRTY (30) DAYS
3. All windows in the subject apartment need to be able to be opened and closed
fully without excessive effort. Several windows were broken or cracked, would
not open and/or would not stay open. Bedroom #1 had one broken window
and 2 windows that would not stay open. The family room has a window that
doesn"t lock. The kitchen window does not stay open and there is an excessive
gap at the bottom of the screen frame. Bedroom #3 has a window that requires
excessive force to open and does not have a screen and the second window in
this room does not open. "'A window shall be considered weathertight only if.- (1) all
panes ofglass are in place, unbroken and properly caulked; and (2) the window opens and
closes fully without excessive effort; and... (105 CMR 410.501(A)). Please fix all
windows to meet the standards set forth.
VIOLATION CORRECTED: DATE:
""Every openable exterior window of a dwelling shall be capable of being reasonably
secured and shall be properlyfitted with an operating locking device. ".. (105 CMR
410.480(E)). Please have operating locking devices on all exterior windows.
VIOLATION CORRECTED: DATE:
""The owner shall provide screensfor all windows designed to be opened on thefirstfour
floors opening directly to the outside from any dwelling unit or room unit provided, that
in an owner -occupied unit, the owner need provide screens for only those windows used
for ventilation. All new replacement screens shall be of not less than 16 mesh per square
inch. Said screens: (1) shall cover that part of the window that is designed to be opened
but in no case less than the area as required in 105 CMR 410.280(A); and (2) shall be
tightfitting as to prevent the entrance of insects and rodents around the perimeter.
(3)...- (105 CMR 410.551). Please fix or replace screens as necessary to meet the
minimum standards set forth.
VIOLATION CORRECTED: . DATE:
4. There were several areas throughout the subject apartment that had excessive
gaps in the hardwood flooring. "'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
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proof, watertight andfreefrom chronic dampness, weathertight, in good repair and in
everywayfitfor the use intended. Further, he shall maintain every structural element
fteefrom 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. "". (105 CMR 410.500). Please repair any cracks or holes
in the hardwood flooring throughout the apartment.
VIOLATION CORRECTED: DAT`E:
5. The bathroom ceiling tiles were wet, water stained and moldy from a leak
originating from the second floor. Bedroom #3 also had water stains on the
ceiling "Every owner shall maintain thefoundation, 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
fteefrom chronic dampness... (105 CNIR 410.500). Please determine the cause of
the water leaks and chronic dampness and correct the problem or problems.
VIOLATION CORRECTED: DATE:
6. Bedroom #3 is missing an outlet cover for one of the electrical outlets. There is a
loose electrical conduit and light switch in the side entrance porch. "The owner
shall install in accordance with accepted plumbing, gasfitting and electrical wiring
standards, and shall maintain ftee ftom leaks, obstructions or other defects, thefollowing:
(A) ... all electrical fixtures, outlets and wiring, and ... ". (105 CN4R 410.351(A)). ""7he
owner shall provide and so locatee electric lightfixtures and switches in good working
order so that illumination may be providedfor the safe and reasonable use ofevery
laundry, pantry, foyer, hallway, stairway, closet, storage place, cellar, porch, exterior
stairway, and passageway. "(105 CMR 410.253(A)). Please replace any missing
outlet covers in the subject apartment and secure the electrical conduit and
light switch.
VIOLATION CORRECTED: DATE:
7. The metal hand railing on the front stairs is rusted through and exposes the
occupants or emergency personnel to a safety hazard. "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 andfteefrom chronic dampness, weathertight, in
good repair and in everywayfitfor the use intended. Further, he shall maintain every
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structural elementfteeftom 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. " (105 CMR 410.500). Please
replace the handrail on the front porch stairway.
VIOLATION CORRECTED: DATE:
105 CMR 410.910 PENALTY FOR FAILURE TO COMPLY WITH ORDER
8. 'Please be aware that any person who shall fail to comply with any order issued pursuant
to the provisions of 105 CMR 410.000 shall upon conviction be fined not less than
$10.00 nor more than $500.00. Each day's failure to comply with an order shall
constitute a separate violation. See also 105 CMR 410.854(B)."' The Board of Health
shall levy a fine in accordance with 105 CMR 410.910 for each day or portion
thereof in which a violation exists after its associated deadline.
A Re -inspection will be performed by the North Andover Health Department
subsequent to the deadlines stated above. If the conditions are corrected prior to the
required time limit, please call the North Andover Health Department at 978-688-9540
for an inspection. If you have any questions, comments or concerns, please feel free to
call me at the aforementioned number between the hours of 8:30-4:30, Monday through
Friday.
Sincerely,
fn-iL J. LaGrasse
Health Inspector
CC: Board of Health
6,,Michael, McGuire, North Andover Building Department
Occupants, 30 Maple Ave, Apt #1, North Andover, MA 01845
File
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