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P 205 969 295
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse)
Sent to
Enrico Na olitan
Street & Number
31 Autran Ave.
Post Office, State, & ZIP Code
North Andover
MA0184
Postage
$
.32
Certified Fee
2.44
Special Delivery Fee
Restricted Delivery Fee
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Return Receipt Showing to
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Return Receipt Showing to Whom,
Date, & Addressee's Address
ZTOTAL Postage & Fees
$
2.77
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;ENDER:
■ Complete items 1 and/or 2 for additional services.
I also wish to receive the
P 205 969295
■Complete items 3, 4a, and 4b.
following services (for an
■ Print your name and address on the reverse of this form so that we can return this
extra fee):
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delivered.
Consult postmaster for fee.
to:
Enrico Napolitano
-�1 Autran Ave.
North Andover, MA 01845
5. Received By: (Print Name)
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P rm 3811, December 1994
4a. Article Number
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P 205 969295
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4b. Service Type
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and fee is paid)
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UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Print your name, address, and ZIP Code in this box •
North Andover Health Department
30 School Street
North Andover, AZA 01845
Town of North Andover
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES
WILLIAM J. SCOTT
Director
CASE # 89
DATE: April 10, 1998
30 School Street
North Andover, Massachusetts 01845
LETTER OF COMPLIANCE
TO OWNER OF RECORD
Enrico Napolitano
31 Aurtan Ave.
North Andover, MA 01845
PROPERTY LOCATION
33 Autran Ave.
North Andover, MA
01845
A Health Department ORDER LETTER dated February 27, 1998 was issued to you as
owner of record of the property listed above citing violations of the State Sanitary Code,
105 CMR 410.000, Minimum Standards of Fitness for Human Habitation.
A re -inspection on April 10, 1998 found that all the violations described in the ORDER
LETTER of February 27, 1998, have been corrected, and that there is complete
compliance with the order.
'a. 'e
A copy of this letter is being sent to the person(s) who made the complaint. If the
complainant has any questions or comments concerning this determination of compliance,
the Board of Health must be contacted within ten (10) days of the receipt of this letter.
Sincere ,
,,/'�usan Ford
Health Inspector
cc: Christine Verrette
File
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
NORTH ANDOVER HEALTH DEPARTMENT
120 Main Street • North Andover, MA 01845
Telephone (508) 682-6483, Ext. 32
Housing Inspection Report
COMPLAINT # F IM , /
COMPLAINANT "T�a�C. l /G vim° k e �rS - '06 T3
ADDRESS OF PREMISES
OCCUPANT
OWNER S-� �-i"c r> Ala n.4 h
OWNER'S ADDRESS
DATE OF INSPECTION
HOUR /.--'2 ; 3-4>
ROOMS/VIOLATION: / /"C� F Z 7 7-7 j 1
0
� INSPECTOR
Form MHIR•1 Action Press 885.7000
��.�..�,,•,' 1%rr� ate ��'' G /7 7
33 14
11 ii' L"' �' 4a a. �'�' i�e1 ✓� t C d.�� 1 i� ✓� ✓` Ly c`Z. C�� !h
Town of North Andover r40RTN
OFFICE OF 3�Oy tt�to ",ti<
COMMUNITY DEVELOPMENT AND SERVICES ° .
30 School Street '*
North Andover, Massachusetts 018.45
WILLIAM J. SCOTT 9SSACHUSEst
Director
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: February 27, 1998
To Owner of Record:
Enrico Napolitano
31 Autran Ave.
Property Location:
33 Autran Ave.
North Andover, MA
North Andover, MA o1845 01845
An authorized inspection was made of your property at the above address
by North Andover Health Department personnel on February 27, 1998.
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 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. You may be represented by an
attorney. You also have the right to inspect and obtain copies of all relevant
records concerning the matter to be heard.
Susan Ford
Health Inspector
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTIi 688-9540 PLANNING 688-9535
BOARD OF HEALTH
120 MAIN STREET TEL: 682-6483
NORTH ANDOVER, MASS. 01845 Ext. 32 or 33
COMPLAINT FORM
DATE: February 26, 1998 CASE# 89
COMPLAINANT: Judy McVey E6gggg ggppooggt�nnii
ADDRESS: 33 Autran Ave PHONE# 685-893ZH
COMPLAINT: Basement apartment flooded - walkina around with boots
on. States it has gone for years and owner aware of problem.
OWNER: Enrico Napolitano
ADDRESS: 33 Autran AVe. PHONE#
ACTIONS•
DATE OF INSPECTION:
VIOLATIONS TO BE CORRECTED, OR A SIGNED CONTRACT FOR THE
WORK MUST BE SUBMITTED TO THE HEALTH DEPARTMENT NO LATER
THAN (5) five DAYS FROM RECEIPT OF THIS ORDER LETTER:
VIOLATION REGULATION REINSPECTION
Basement Bedroom -
1) Finished basement with wall to wall 410.500
rug with observed water saturating the
traffic lanes of the floor.
■ owner must maintain the foundation
and floors watertight and free from chronic dampness.
Rugs must be pulled up to examine damage to the
backing and flooring.
2) Depressions in the flooring where the water
was found indicates damage to the sub -flooring.
■ The owner must maintain the floor in
good repair for its intended use
Sub -flooring must be repaired as needed
3) Musty smell exists from the moisture
and stagnant water.
■ Every owner shall maintain the
foundation and floors free from chronic dampness
After removal/ repair of floor and rug materials the area must be
sanitized to eliminate the growth of molds and mildew
4) Grade Level 410.402
Due to sub -flooring damage,
it is apparent that water in this area
is a reoccurring problem.
■ No room or area in a dwelling may be
used for habitation if more than half of
its floor -to -ceiling height is below the average
grade of the adjoining ground and it subject
to chromic dampness.
A professional contractor is be consulted to determine a
structural solution the ground water problem. A plan of action must be
submitted in writing to the Health Department within (5) five days
of receipt of this order letter. If the area cannot be permanently repaired
the area will not be considered a habitable room.
Cc: tenant
Legal Remedies for Tenants of
Residential Housing
THE FOLLOWING 1S A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET
HOUSING CODE VIOLATIONS CORRECTED.
Rent Withholding (General Laws Chapter 239 Section 8A)
1f 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 (trove 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.
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 mono%
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 %,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 four months' rent in any year to
make the repairs.
Retaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section IS 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.
-l. 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 :0
the o\%ner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the � iolation. rhe rc-
cei%er is not subject to a spending limitation of four months' rent.
Breach of Warranty of Habaabilit-.
You mac be entitled to sue your landlord to have all or some of your rent returned if your dwellingunit does not meet minimum ianu-
ards of habitability.
Unfair and Decepti\e Practices (General Laws Chapter 93A).
Renting an apartment MEh code violations is a violation of the consumer protection act and regulations for which .ou may ,ue an
oo 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:
(NANI E)
(ADDRESS)
FORM ,i HOBBs&WARREN, INC. NOV. 1979
(TELEPHONE NU'�%18ER)
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._ North Andover Health Department
146 Main Street _
• ( north Andover, MA 01845
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Town of North Andover NORTH
OFFICE OF o�°y'"°,�o f
COMMUNITY DEVELOPMENT AND SERVICES
30 School Street
WILLIAM J. SCOTT North Andover, Massachusetts 01845 �9ssACHusE��y
Director
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: February 27, 1998
To Owner of Record:
Enrico Napolitano
31 Autran Ave.
North Andover, MA o1845
Property Location:
33 Autran Ave.
North Andover, MA
01845
An authorized inspection was made of your property at the above address
by North Andover Health Department personnel on February 27, 1998.
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 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. You may be represented by an
attorney. You also have the right to inspect and obtain copies of all relevant
records concerning the matter to be heard.
Susan Ford
Health Inspector
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
r
VIOLATIONS TO BE CORRECTED, OR A SIGNED CONTRACT FOR THE
WORK MUST BE SUBMITTED TO THE HEALTH DEPARTMENT NO LATER
THAN (5) five DAYS FROM RECEIPT OF THIS ORDER LETTER:
VIOLATION REGULATION REINSPECTION
Basement Bedroom -
1) Finished basement with wall to wall 410.500
rug with observed water saturating the
traffic lanes of the floor.
■ owner must maintain the foundation
and floors watertight and free from chronic dampness.
Rugs must be pulled up to examine damage to the
backing and flooring.
2) Depressions in the flooring where the water
was found indicates damage to the sub -flooring.
■ The owner must maintain the floor in
good repair for its intended use
Sub -flooring must be repaired as needed
3) Musty smell exists from the moisture
and stagnant water.
■ Every owner shall maintain the
foundation and floors free from chronic dampness
After removal/ repair of floor and rug materials the area must be
sanitized to eliminate the growth of molds and mildew
4) Grade Level 410.402
Due to sub -flooring damage,
it is apparent that water in this area
is a reoccurring problem.
■ No room or area in a dwelling may be
used for habitation if more than half of
its floor -to -ceiling height is below the average
grade of the adjoining ground and it subject
to chromic dampness.
A professional contractor is be consulted to determine a
structural solution the ground water problem. A plan of action must be
submitted in writing to the Health Department within (5) five days
of receipt of this order letter. If the area cannot be permanently repaired
the area will not be considered a habitable room.
Cc: tenant
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