HomeMy WebLinkAbout- Orders Letters and Photos - 1174 TURNPIKE STREET 8/9/2023 i�.,
North Andover Health Department
Community and Economic Development Division
NOR"ril A1` DOVER BOARD 01, l E'ALTllt.
ORDER R TO CORRE,,C.T
issued under the provisions oI 105 Code of Massachusetts IZeg ulaations (CNN) 41().000:
Minimum l andarrls of Miess)or° 1-frrmmn Wfdat{rrn, We Sandary C'rre , Cfratfrwr^11
Date: August 9, 2023
To Owner:
aandjaang aa, 1°aahrric e K.
1Caradjaang,ar, NNae laa "1
1 1.74 'Furralaike Street
North Andover, MA 01845
1M 12 M raadowc>oc1 Ifoad,, Worth Paidcrver, N1ty 01845
Dear Owner:
Fhea North Andover I leaalt'h l:)epaartanent persoranc.rt corrducte!d &ra aauthaor i (,XI iraspedicrrl.
of your propedy at IN, aalawe referr(anml adclmss on August 8, 2023 in naslac>nse to as complaint:
filed with this 1)epaar°tnie nt. h"hek inspection revealed violations of the Mate Sanitary Code,
( haaapfer ll as hsted on the attached Violation Form,
You are he r•e,by C11ZDEE+EI) to correct the violations within, the tirne allotted on the
enclosed forrn. Failure to comply within the specified time Period will rcNuh hi afine of up tc)
`a 500 per daayr in accordance with 10,75 C'M 41.0.920 of the Starter Sanitary C.°c:de. "I'l-te fine will
continuo to accrue until the subje(t property is brought into compliance with this Order to
Correct. l,ach day or portion thereof during which the violations contfnue shall constitute as
separate offense..
You have Ne right:to request a hearing he hwe than Board of h lcrAT if you f4aeyh dais Orcicrr°
to Correct slacauld be moclifial or withdrawn,. A rc.aclrr.crst for said hearing must be made in
writing; and rc. eived by the h-leaalth 1.icajxirtinent withaixa seven (7) days horn receipt of this
Order. it said hearing you will be give:^:n an opportunity to be heard and to l.)rewsent;witnesses
Failure to c wnp, v with eo,ay order i.macdprrrsu ant to ehelm-oux.sd`ons gf'105 r"A41?410,000 shall upon conviction be
fined meat less than PRO nor more than 5'.5'00 /s ar�0a eicay"s lizr7trra°trr ��"s:r�rrpr�>�ltlr axra err ale��.�6re�ll c�errrrtlCarrc'x a
vtpar•we VNaCrrddr)r^A"05 (14R 47ti.92W�
Page e I of 2
North Kidom Flearltha I)e1 rrtraaent.
120 Main Street
Ncar-t:h NxIover NAA 01 45
Phone: 978.689.9540 l aax: 978,688.9542
and docunicntary evidence as to why (his Order slicnild be rnodifi or withdrawn.o withdrawn. All affected
parties will be irifornied of the elate, time and place of the hearing and of their riglit tea inspect
and copy all records conceri-ring the inatter to Ire heard. Yon may be represented by ari
attorney. YOU liaw, as right to inspect.and obtain.copies of all relevant records concerning the
matter tcr be heard. Conditions nray exist which will allow the occupant of the residence to
exercise legal rights ontlined III t[w Nothe (r�'Occtipartt's Legal Rights and Resporistbdifies issued by
the Department of F'Liblic Flealth Cornnitinity Sanitation Prograin ('CSP).
If the ol,ovelling unit is vacant or beconies vacant [)eforC the violations art, corrected, the
dwelhnh LInit cannot be re-rented or re-occupied prior to C(Anpliance and prior to an inspection
by the North Andover I-fealth Department in accordance witli 105 C'M R 4"]01)60. Please call the
North AndOo/Cr [lealth Department at, (978) 688-9540 for a re-inspection. A re-inspection.
performed by the North Andover Health Department is required.
11'iron have any (ILK'StiolIS, corrinionts or concerns, please feel free to call trie kANVeen flie
hot,trs of t4:004:30 on Monda 00"on Tnesdav and 8:00-12:010
y, Wedtiesday and ThLirsday, 8:()()-,6:
Orl Friday. Any questions regarding this matter can be answered through tlu, North Andover
Health Departinent,
..........................
This is an important legal document. It may affect your rights, You should have it translated.
l,"Ste es tin (10CLonentO legal importante. Fs posible Blue afecte.s...t.t...s. derechos. Debcria traducirlo.
Este it unt documento legal importante. Ile pode afetar seos direitos. aconselhivel traduzi-
lo.
Sincerely,
Slianene Pierce
North AndOVOr PUblic llealt.h Inspector
cC:
Occti lea rat,
Brian L,aG'rasse, North Andover Director of PlIblic I lealtll;
Board of I lealth;
Fik,
Sent via:
C I
I RTI Fl,FID MAIL 4 7020 1810 000-1 1796 7059 an(.1;
............
Regtilar First C.1ass Mail
Page 2 (.)t'2
North Andover I lealffi Departinetit
120 Maiii Street
North Andover, MA 01845
Phoiie: 978,688.9540 1 ax: 978,688.9542
r -
North Andover Health Department
Community Development Division
NORTH AND OVER BOARD OF HEALTH
VIOLATION FORM
Fate: 8/8/2023 Time: 1 1 :40AM I3C)l1 Inslrector !�laanene Pi gee
Occupant Zhaoyu Ile w Phone Nunrbe (978) 90 _w`601
Occupant Acldr ess 12 Meadowood Road, North Andover, MA 01845
Owner Kandaan a, 1 abrree K. & Kandµlan a, Noella I Phone Number (978) 960-95 a3
Ow Address 1. 174 t uraa�ak.e `street, North Andover, MA (11845
Regulation Tirnef'rarne to
105 ("'MR I)c1�cril�tiorr Comply
410.500 Observed active flooding in basement. Basement observed with at 48 hours
least 3" of water.
Observed active water lcaak from foundation wall behind water
410.500 Observed
4 hours 410.500 Observed active water leak from ceiling above, toilet in master 48 hours
bat:hrooaaa.
Observed active water leaking from ceiling above closet in master
410.5004
bedroom. 1 hours
410.500 Observed at least two (2) areas of"roof'observed actively leaking 48 hours
into the attic.
Additional water stains (since, /l/23 inslaection) observed on ,
410.Sf:)() ceiling above second floor landing. 'f1 days
410. 500 Water stains observed above windows in front bedroom. 30 days
(:ornment: Please note the Provisions of 105 (- IR 410.500: Owner's Responsibility to Maintain
I3uildint;, and Structural.Elements
Page I of 2
North Andover I leatth Department
1.20 Main Street
North Andover, MA 01 4
Phone: 978,688,9540 Fax: 97 .688. 476
(13) In the event of leafs and flooding, the owner shall ensure all surfaces have
been dried within 48 hours from the time, they are notified or the end ofthe
event, whichever is sooner.
Violations noted ine et the conditions of 105 CMR 410.610 ('A,) Condition Deemcd to 1,1,11(hingel. ot.
Materially Imp iir I lealtll or Safety and ;k good 1[aith eff'ort must be made, to correct within 24hours of
sezwvicc.
This inspection report is signed and certified under the, pains and pendties ol'per,JLII'y,
Inspectors Signature: � 7
Bate: f /202:3
Nort1i Andover I lealth Dep rtnient;
l 20 Main 'street
1` ortla Andover. MA 018,15
Phone: 978.6 .9540 1,`aV 9,78.688.8476
The ("o00monwealth of Massachusetts
Department of Public Health
Notice of 0ccu .)ants' Let!a1 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 bv the state Housing Code/105 CIVIR41O.DO0\.
A.d.vi.ce.,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 must meet rninirriurn standards to protect the health, safety, and well-being of occupants.
TheHousiog Code, 105 CIVIR 410.000 Minimum Standards of Fitnessfor I-furnan flobitation (State Sooitary Code, Chapter//),
is the state regulation that sets these mininlUm standards. The MassaChUsetts Department Of Public Health, Bureau of
Environmental Health's (CSP) issues this regulation, but the standards are enfmrced by local
health departments.I CSP works with /mcn| heaAth departments and the public to provide training and technical assistance
about the Housing Code. For more information, please see .
Your Responsibility bm Keep Your House Safe and Healthy
The [dousing Code also has requirements that people living in rented hornes or apartments need to rneet.There are sorne
problems like pests, mold, and keeping exits clear, that might need the owners and Occupants to work together to fix the
problern. 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
ariother issue,the local health department rnay tell you there is something that you need to fix. The local health
department may issue You an order tocorrect arid give you a certain arnountoftimeto'fix the problam.
Your Right to Safe and Healthy Housing and Protection from Retaliation
|f you think that conditions in your home are unsafe or Unsanitary and mnayviolate the Housing Code, You should contact
your local health department. They will conduct free inspections of your honie and will order 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- .
Your landlord is not allowed to raise Your rent Or try to evict You just because You have made a coniplaint to them or to
the local health departryient about the violations.This is called retaliation, and you may be able to sue the landlord for
dama&esif this happens (M.G.L. c.188, s.18 and c2]9, s.2A).
Your Right toaHearing
You may ask for a hearing in front of your local Board of Health. You rnU.St do this in writing and within the timeframes
below. If you send a written request on time to the local health departnient, a hearing will be held within 14 calendar clays,
if you do not make a written request within the t|rnefnarnes below, you lose the right 8ma hearing.The chart Wow shows
the reasons you may request a hearing, and the tirrieframe you have to send the request.
Your horne was not inspected 30 days frorn the day you contacted health department
The inspector did not find violatlons You think exist 30 days from the last inspection by the health departrnent
The hispector did not issue an order to correct violations 30 days from the last inspection by the health department
The inspector did riot enforce the order to correct 45 days frorn wher) the owner received the order to correct
VVi1hin5we days afterthehenririg, the |oca[ hea|thdepa/tmentisrequi red toissueaf Ina| der.|si*nonyourcomp|aint(1D5
CIVIR 410.840). If you do not agree with the decision, or at any point throughout the process, you can file an appeal in
housing court.
I Dependkig on your city or tc)wn,this may ako be caNed a Loca| Board of Health(BOH), Loca[Hea|th Authority,or hq)ecflor,W Services Depattrnmt,
I his is the local code enforcement authority respom|Ne for eriforcing the regulations,
Your Options ifan Owner Does Not Fix the Problems
if your landlord does not fix violations of the Housing Code in Your horne,You rnay have some options as described below.
These are not your only options, hut they are common actions that tenants take in these situations. Before taking legal
action, contact an attorneyto protect yourself. |f you cannot afford an attorney, you may he eligible for free legal aid
services, Gotm MmassIrL
Qrg,,tofindavai|ab|eoAtionsforfree |ega| advice.Tofindoddihona| informadonontenant |ega|
rights and responsibilities, visit or .
Pp
,fLg_qA: Go to Court
If your landlord does not fix the problems that the local health department ordered therri to fix, or if You believe there
are problems in Your Aame that may beiu violation of the Housing Code,You may also ask a �nurtin your area toorder
your landlord to correct the problems.
To file a complaint, com1ac1the Housing or District Court Clerk in your region.To find the closest Housing or,District
Court goto or .These courts deal with
cases about residential housing including eviction, property damage, and Housing Code enforcement. For help filing a
complaint,you can c0MtacrCourt Service Center's at ^
You can request that the Court order the landlord to:
You or the local health departirient may file a petition in Housing or District Court to order the
owner Lo fix the violations of the Housing Code (K4.G.L. c111' s. I274,C).
and/or
Refund Rent You Have Paid:You can file a complaint requesting that your landlord pay back all or part of the rent
you paid during the time that there were Housing Code violations. You can claim either 1> Breach of Warranty of
Habitability or 2\ Unfair and Deceptive Practices (M.G.L c. 93A), or both.
For,both claims,YOU will need to prove that your home had Housing Code violations, and that the owner knew about the
violations and did not fix thern. Breach of Warranty can also be filed by the local health departnient.
QptJon 2: Withhold Rent Until pp
R are Made
If Your landlord does not correct certain housing code violations, You may be able to hold ba(,-,k someur all Vfyour
rent payment until they nialke repairs (M.G.L.. c. 239, s. 8A). Save the rent money you withhold. A judge may
requireyVutopayaft,mrsDrneufitback. \ftheydmandyoudom'tbavethisnooneY, yournaybeevicted. Ifyou
withhold rent and YOUr landlord tries to evict you frorn your horne, You will need to prove, atanmin|nnum,that:
• The violations may endanger or Materially impair the health, safety, or welf-being of a tenant;2
• The rental property owner knew about the violations beForo you started withholding your rent; and
• You did not cause the violations.
QlLtign 3: Make the R airs Yourself
State law allows You to use your rent money to pay for certain repairs (K4.G.Lc 111°s.I27L), and riot pay that
amount in rent to your landlord.You cannot withhold rnore than 4 rnonths' rent in a 1.2-month period to pay for
repairs. If you withhold sorne or all Your rent and use it to make repairs and Your landlord tries to evict you from
yuurhonne,you will need 1oprove;,°
• The local health department or court determined that the violations may endanger or,materially impair the
health, safety, orvveN-be|ngnfa residential tenant; z
• The landlord was issued an Order to Correct those violations; arid
• The owner did not start the repairs(or to sign a contract for work) within G days after getting the Order
and did not complete repairs within 14 days after receiving the notice of violations.
and Move
ifyOU 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 an attorney,you may
be eligible for free legal aid services. GotmIma8I o tm find available options for free legal advice.
These are serious violations wNch include problerns SUch as not having heat, hot water-, electricity or gas,or exits that are blocked.
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