HomeMy WebLinkAbout- Orders Letters and Photos - 290 SUTTON STREET B 7/19/2023 Forth Andover Health Department
(ommunity and Economic Development Division
NORTH ANDOVER BOARD OF HEALTH
ORDER 'ro CORRECT
Issued tinder the provisions scat forth in Massachusetts General Laws Cw`hapter 1.11 Section 1.23.
1:)aate:July :L ,2023
To Owner of Record: Property Location:
Nicole l,`clt;ec:c m.b, 290 Sutton Strcecet.
290 Sutton Street, l..l"nit B North Andover, :MA 0"1.€45
North Aradraver, : A 01845
Re: 290 Sutton Street:, North Ando%l er,M.A.01845
Dear Owner;
The North Andover Health Department pcersonnel conducted an authorized inspection
n
of your property at the above referenced address on July 1.4, 2023 in response to a complaint
filed with this t:7epar°ftnent. The inspection revealed violations of the State Sanitary Code,
Chapter l:t as listed can the attached Violation Form.
You are hereby ORDEIRE"D to correct the violations within the time allotted on the
enrl.osed form. Failure to conrpty within the specified time period will result in as fine of up to
° 500 per Clary' in accordance with. '105 C rMR 410.910 of the State Sanitary Code. The fine will
contint,IEM to accrue until the subject property is brought into compliance with this Order to
Correct. Each day or portion thereof during which the violations corthra:r;tea shall constitute as
separate offense,
You have they right to recic.a.est a hearing before thae Board of Health if you fec.4 this Order
to Correct t sla.c:auld be na.eaciif ie,d or wi.thclraaw.ra. A rcacicr(st for said hearing inust be made in
writing arid received by the 11cwa:lth l_)elaartnaentwith:in sever) (7) days from receipt of this
Order. At said hearing you will be given an opport.arra.it.y to be heard arnd, to l)resent:witnesses
Failure to errr}l with arY order issued pursuant Cr the provisions o005 CAM 1C 000 shall idpon I e
,inei i,iot Ics.s tlaearz$10.00 nc�ar�nccaraa tfrazn 500, Eaclm cicav',s,"rrrlzar•e trr ceaaralxlj,R ii,lth ear?cr•cl�,?r°shrill c°cansta'trrte ca
.sc,parraata violaat on(05 C"1w11r"41C"J.910).
Page Eof:'
North Andover Health Departnient
120 Main "street
North Ands»,er, MA 01 4
and docuinentary evidence as tca why this Order should be niodified or withdrawii. All affect,ed
parties will be infornied of the date, tinie and plao7e of the hearing and of their right to inspect
a n d copy a I I records co i ice riiin g the rnatter to be heard. You rriay be represented by an
attorney. You have as right to inspect and obtain copies of all relevant records conceming the
matter to be heard.
If die dwell.ing unit is vacant or 1)ecornes vacant before the violations are corrected, the
dwelling unit cannot
be re-rent(.'�d or re-o("cu pied prior to coiiipliance and prior to ati inspect,1011
by the North. Andover I-lealth Department in accordance willi'l.05(.',MR 410.01.0(A). Please call
the North Andover I lealth Dc�partiuent at(978) 688-9540 for a re-inspection. A re-inspection
performed by the North Andover Health Depart-nient is required.
If yott have ariy questions, ('0111nietits or concerns, please feel free to call rne between the
hours of 8:00-4:30 on Monday, Wednesday an,dThursday,8:00-6:00 on Tuesday and 8:00-12:00
on Friday. Any questions regarding Hiis niatter can be answered through the North Andover
I lealth Department.
Core
Shariene Pierce
North Andover Public Health Inspector
(Z: Brian LaGrasse, North Andover Director of Ilublic Health
Board of Ffealth
File
Serit via:
CER]"IFIE",a11) MAIL# 7020 1810 0001 1796 6991 and;
Regular Hrst Class Mail
1-'age 2 of 2
Noi-th Andover Health Department
120 N4ain Street
North Andcover, MA 01845
Phone: 978.688.9540 Fax: 978.688.9542
North Andover Health Department
Community Development Division
Tate Jr.r 14,.20 1 a`me 9:15anl BOII tnsp.ector: Shaperie Pierce
1:_,ocaticraa: 290 Snttrara Street,North Arr.elcwerr, MA 01114
Owner: Nicole L,,q� c jnib Phone Number:
Address: 290 Srrtton Street, t_lrait. 13, North Atidover, MA 01845
Reg�ulatiou I)escriptio n 'T"inaeframe to
105 (�,bi" R Comply
Window glass missing from window 11.•aame can third floor of the l f:).S 3l1 laera;rSe, exposing the structure to elen ents and potential pests lCl days
410.530 Several window panes broken on the second level of(he house;, 30 days
rnakint windows not weaathertight
Large items stored on interior landing in i•crnt of second floor
4110.260' 24 hoursegress
Violations noted meet the conditions of 105 C'M:R 41.0.630 (A) Condition 1)eenaecl to Endanger or
Materially Impair Health or Saafety anacl as good faith effort rnrrst be rnaade, to correct within."4 hours of
service.
This inspection report is signed and certified Urrcler the, pains and penalties of perjury.
Inspectors Signature: l:)ate: 7/14/ C1'2 3
_. .... ..
Page I of I
North Andover Health Depaartinerat
120 Main Street
North, raclover, 01845
Phone: 971 .688.9 40 Fax: 97 .68 . 476
"I'llis is an important legal document. It may affect yq!E rights. You should have it
translated.
Kel-li 6 tin dukumentu legal inportanti. EA, pode afeta bias dircitu. Bu debe tene-I traduzidu.
KY MiW uji (lokument ligjor i r6id6isb6il Krynbajtia e tij mund W ndikoji, jle,t � drejtat
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ban. Ban cAn dirore dish W Iie'u nAy.
Este � um doctimento legal importante. Ele pode afetar sells dircitos. aconselhAvel
traduzi-lo.
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neoftojumo lime'rh CV0 lIelWBejeHlfyl0 13cpC1110.
Kani waa dukumiinti sbarci A oo mubiim all. Wuxuu saameyll kartaa xtultitiqa1maga.
Waa hl laguu tarjuniaa.
Hii ni hati muhinju ya kisheria. Inaweza kuatbiri baki zako. Inapaswa kutafsh-iwa.
Sa a se you clokiman legal enp4tan. Li ka gen enpak son dwa w. Ott to dwe bay tradui 1.
w,j L"J31z, av � LyJ!z,'IL."sj 4; I
Este es tin documento legal importante. Es posible que afecte sus derechos. Deberia
traducirlo.
U sagit d'un document juridi(lue important. 11 petit affectervos droits. Vous devriez le
faire trad tj i re.
r I I he Commonwealth of Massachusetts
Department of 'Public Health
Notice of Omipants' Legal Rights and Responsibilities
This document summarizes some of the legal options that you may have when the owner of a property you live in has
not fixed certain problems in your home, as required by the state Housing Code (105 CMR 410.000).lhis,,is notIgg'!
' ""--"
advice.Talk to an attorney before you decide to withhold your rent or take other action described here.
Safe and Healthy Rental Housing:
Rental housing in Massachusetts rnust meet rninimurn standards to protect the health, safety, and welkbeing of occupants.
The Housing Code, 105 CMR 410.000 Minin"iurr)Standards Of Fitness for Human Hobitation (Stote Sanitory Co(Je, Chapter/1),
is the state regulation that sets these minimum standards.The Massachusetts Department of Public Health, Bureau of
Environmental Health's Community Sanitation Program (CSP) iSSUeS this regulation, but the standards are enforced by local
health departments.I CSP works with local health departments and the public to provide training and technical assistance
about the Housing Code. For more inform ation, please see mass.Rov/lists/housine-corTirnunity-sanitation,
Your Responsibility to Keep Your House Safe and Healthy
The Housing Code also has requirements that people living in rented homes or apartments need to meet. There are some
problems like pests, mold,and keeping exits clear, that might need the owners and occupants to work together to fix the
problem. For example, occupants need to make Sure there is no food or garbage left out that could attract pests or keep
their belongings out of exit hallways. If the local health department is doing an inspection,either by Your request or for
another issue, the local heaith department may tell you there is something that you need to fix. The local health
deparlment may issue you an order to correct and give YOU a certain amount of time to fix the problem.
Your Right to Safe and Healthy Housing and Protection from Retaliation
if you think that conditions in your home are unsafe or Unsanitary and may violate the Housing Code,you should contact
Your' local health department.They will conduct free inspections of your home and will or-der Your landlord to fix any
violations of the Housing Code. You can find contact information for your local health department by calling your city or
town hall or visiting their website. City/town websites are listed at: mass.Rov/lists/massachuselLts-citv-and-town-websites.
Your landlord is not allowed to raise your rent or try to evict YOU just because YOU have made a complaint to thern or to
the local health department about the violations. This is called retaliation, and you may be able to sue the landlord for
damages if this happens (M.G.L. c.186, sJ8 and c.239, s.2A).
Your Right to a Hearing
You may ask for a hearing in front of your local Board of Health. You must do this in writing and within the tinnefrarnes
below. If you send a written request on tirrre to the local health department, a hearing will be field within 14 calendar days.
if you do not make a written request within the timeframes below,you lose the right to a hearing.1-he chart below shows
the reasons You may request a hearing, and the titneframe you have to send the request.
............
Reason You May Request a Hearing Number of Days to Make the Request in Writing
Your home was not inspected 30 days frorn the day YOU contacted health department
The inspector did not find violations you think exist 30 days from the last inspection by the health department
The inspector did hot issue an order to correct violations 30 days from the last inspection by the health department
............
The inspector did not enforce the order to correct 45 days from when the owner received the order to correct
Within five days after the hearing, the local health department is required to issue a final decision on Your complaint (105
CMR 41.0,840). If you do not agree with the decision, or at any point throughout the process, YOU can file an appeal in
housing court.
Deperding on your dty or,town, Ons may also be called a i ocM Board of Heafth(BOH),Local Fieakh Authorfty,or inspecflonal Services Department.
This us the BocM code cinforcement authoruty responsible for enforcing the regulations.
rol'-'w W)'Y1
Your Options if an Owner Does Not Fix the Problems
|f Your landlord does riot fix violations of the Housing Code in Your home, you may have 3orue options aS described below.
These are not your only options, but they are cornrnun actions that tenants take in these Situations. Before taking legal
action, contact an attorney to protect yourself. /f you cannot afford am attorney, you may be eligible for free legal aid
services. Gotu �to find available options for free legal advice.To find additional infori-nation oil tenant legal
rights and responsibilities, visit: or ,
Option 1: Go to Court
If Your landlord does riot fix the problerns that the local health department ordered them to fix, or if you believe there
are problems in your home that may be, im violation of the Housing Code, you may also ask a court inymur area toorder
your landlord to correct the 9nnNemns.
To file a complaint, contact the Housing or District Court Clerk in your region. To find the closest Housing or District
Court go to or , Thesecmurts deal with
cases about residential housing including eviction, property darnage, and Housing Code enforcement. For help filing a
complaint, you can contact Court Service Centers at ^
You can request that the court order the landlord to.-
Fix
You or the local health department may file a petition in Housing or District Court to order the
owner to fix the violations of the Housing Code /M.G.Lc. 1Il, s. lZ7A, C>.
onoYor
Refund Rent You Have Paid:You can file a complaint requesting that your landlord pay back all or part nfthe rent
you paid during the time that there were Housing Code violations, You can o|ainu either 1\ Breach of'Warranty Df
Habitability or2) Unfair and Deceptive practices /&1.G.L. c. 938\, or both.
For,both clainos, you Will need to prove that your hmnne had Housing Code violations, and that the owner knew about the
violations and did not fix thern. Breach of Warranty cari also be filed by the local heafth department,
Option 2:Withhold Rent Until Repairs are Made
|f your landlord does riot correct certain housing code violations, you may b2 able t8 hold back surnemr all ofyour
rent payrnent until they make repairs (M.G.L. c. 239, s. 8A). Save the rent money you withhold.A judge may
require you to pay aHornomeuf|t back. ,fthey do and you d$n't have this money, YOU may be evicted. |fYOU
withhold rent and your landlord tries to evict you fnmmn your- home, you will need to prove, at a minimum, that:
• The violations may endanger or materially impair the health, safety, or well,being of a tenant;2
• The rental propertyowwnerknevvabou1theyio|atiumybefmreymus%artedvvbhhgWingyourremt; and
• You did not cause the violations.
Pp on 3: Make the Repairs Yoursqff
State law allows You to rise Your rent mmmeyto pay for certain repairs [M.G.Lc. I11^ s.127L), and not pay that
amount in rent to Your landlord. You cannot withhold more than 4 months' rent in a 12-nionth period to pay for
repairs. |f You withhold some or all your rent and use itLo make repairs and your landlord tries to evict you from
your home, you will need 1mprove:
• Th� Iocal health department or,Court determined that the violations may endanger or rnaterially impair tire
health, safety, or well.being mfo residential tenant; z
• The landlord was issued an Order,to Correct those violations; and
• The ovuner,did riot start the repairs (or,to sign a contract for work) within 5 days after getting the Order
and did riot complete repairs within 14 clays after receiving the notice of violations.
If you meet certain conditions, you may be able to end your lease or rental agreement and move out within a
reasonable time, Contact an attorney to find Out more about this option. If you cannot afford art attorney, you may
be eligible for free legal aid services. Goio masilirf.or
F,to find available options for free legal advice.
z These,are serious violations which include problems Suchas not having heat, hot water, electricity orgas, or,exits that are blocked.
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