HomeMy WebLinkAbout- Orders Letters and Photos - 156 CHESTNUT STREET 2 8/30/2023 iu.
North Andover Health Department
lonarnunity and Economic Development Division
ORDER TO CORRECT
Issued under the provisions of 105 Codex of Massachusetts Regulations (CMR) 4:10.000:
Min,imurn Standards rafTimess fur f frtwrarrrr d-fret.ertatzcer«, State Sirrait<«ry Cwk, Chapter II
I )atle: August 30, 2023
To Owner:
Robert 1). Butlarnan.
1'ru.Stcr(t Of Robert 11. 1!lutlrrn.aa:nn Living Tru,';t
25 black "make Road
Salisbury, MA 0195:2
RE;: 156 C:`host�n.trt Street, I_Ini.t 2A, North Andover, MA 0'1845
I)eaear Owner:
The North Andover I-Ieralth I_)e partnlent personnel conducted an authorized inspection
Of ycrtar I::rr°aalae rty at the aat!eDv"e referenced r°eanc'tta:l address on rlarpust 25, 2023 in response to a complaint
filed with this I)e par tnaetnL The inspection revealed violations of the Stater Sanitary Code,
Chapter 11 as listed on the attached Violation Form.
You are heareslry C)RDERlafI) to correct the: violations a,vithi:r.i the time allotted on the
e.xaa(Josrcl form. Faihtrea to comply within flea specified time period will result: in as fide of 'Lrla to
$500 per ch.,iya in ac,corclance with 105 C"iMR 410.920 of the State Sanitary Code, The fine will
continues to aaccrr,rcr uaatil tlaer SUbjec:t property is I.arought ink.) cxaraapliraracca with this Order to
C orree;a. Each day or portion thereof during whicla the violations ea011tirauca Shall constitutes a.
separate offense.
You have tlie> right to request a hearing before the Bo«:argil of i leaalt:h if you fe cl this Order
to C.. 1 � to
...car"r'e't::'t:�ae;)Ca.,C fie' modified ea;r withdrawn.r"awr"a. �� request IC)'r"gear( ae'arrr`a r' t°neabit l:ae raaacl.e in
writing and received by the, I to alth I)epartaaaeant within seven (7) clays fron) receipt of this
Order. At said hearing, you will lxe given an opportunity to be heard and to present witnesses
s
° Failure to e°asrnp l'o,with an'V order rssuedpursia mt to the provisions of]0.5 C AV?410 000 shall up�rorr conviction he
tr'arcr t neat lc>.°.a t/raxra,3p1�,flCa sera^rartare tharrr,`5f)Cl. Each alaa,ar, ,lerrdrrrc to c.•rorrrp l),with an order.shall ce mstatartc^a
St,p-aearate violation Mij CAW? 41(1.920):
Page l cat 2
Nomh Andcavcr Health L)cpaartnaewnt
120 M:ain Street
North Andover, M.A. 01845
Phone: 978.688.9540 f�'aax: 97 .688.9542
and docurnentary evidence as to why, this Order should I-W nhklified or withdrawn. All affected
parties will 1.)e inforined of the date, tirne and place of the Iwaxiiig and of their rig;lit to inspect
and copy all records concerning the inatte.r to be heard. Yotl may be represented by all
attorney, You have a riglit to inspect and obtain copies of all relevant records concerning the
matter to N-,� heard. Conditions may exist which will alloW tile OC(Alpant of the resjde�ilce to
exercise lcpal rights outlined in the Notke(,!f Occupant's le al R' and issued by
:y 9 19hts
tlic Department of I'Liblic lleafltll ('011-111-11,1nitV SanitatiOJI Pro�,,�,ranl (('Sl').
If the dwejlinf,-tillit is Vacant or becomes vacant before the violations are corrected, the
dwelling,), Unit car mot l:)k, re-rented or re-occtipied prior to cotllpliance and prior to an inspection
by the North Andover I lealth Department in accordance With 105 CN4R 410,660. Please call the
North Andover I lealth IDepartillent at (978) 688-954.0 for a re-inspection. A re-inSpeCtiOTI
performed by the North Andover Health Department is required.
Ifyotj have any questions, comments or concerris, pIcase feel free to call me bet.ween the
hours of8:00-4:'30 on Monday, Wednesday and ThUrsday, 8:00-6:00 011TUOSCkly all(] 8:00-12:00
on Friday. Any questions regarding, this matter can be answered through the North Andover
Health Department.
This is al!l important legal document. It may affect yqnr rights. You should have it translated.
F'Iste es on documento legal importante. FS posible clue afecte.sax...s. derechos. Deberi.a traducirlo.
Este 6 tun docu.mentcr legal importautC. FIe grade afetar seus clireitos. f' aconselliiivel traduzi-
10.
...............
Sincerely,
Shanene Pierce
North Andover Public I lealth Inspector
Brian LaGrasse, North Andover Director of I'LibliC I l0alth;
Board of f lealth;
Jennifer Ruiz at:Gold Property Managernent, .1 1911in Square, Suite 113, Andover, MA 0-1810
Occupant;
File
Sent Via:
ERTIFIED MAIL„# 7020 0640 0000 6837 481(); and
F'irst Class Mail
Page 2 of'2
North Andover Health Departillent
120 Main Street
North Andover, MA 01845
Phojle� 978.688.9540 Fcix� 978.688.9542
s -
North Andover Health Department
(ornaraunity Development Division
N(JT(IT-T .A IL)OVER 13(;)AL(T) OF L-1.T,ALT"L-1
VIOLATION FORM
1.)ate: 8/25/202:3 Tiruc. 9:00 r' M 14011 Insfrector: `�hanene Pierce
_.
Occul ant:,__J,ac Ma:rrar
Occulrrrrxt .Adrlress:....156 Chestnut `street, Unit 2,A, North Andover, MA 01 45
Owner: Robc�,rt 1). Buthinann. Trustee of Robert 1' BUffirratrarr LivinL `l`rust ,_. . _.— _ _.... .. . .........
Owner Address: 2 Black Snake Road, Salisbury, M.h 01952
Regulation Tinieframe to
105 (w"Mtl 1)c crrptirrrr ('rrrrrlrlyr
The 6611owing irtli>rrnaation was not posted in the dwelling trait:
owner's name., street address and telephone nurnber„ the narne,
l 10.40f'1 street address and as telel-rhone nu.rrraber rrf't:he naaanagin trustee or 30 elaays
Partnerifthe owner is 4a reahy, trust.crr pat-tnqsh r. ,. ....._._
Sr�roke detectors raissin�; Ircrrr ntctunt crrr ec;iliII, In living room tarn
T10.�330°�' � 24 Lrrrrr�s
in errrarno n hallway outside: ol'kitclaen.
Some grout is missing, in between,tile; c&bathroorn floor. Missing
410.500 tile pieces on left side ofbathrctcrrn floor. Bathroorn floor is no 30 days
longer Cree berm defects oi- eaisily cleanab'lc
410.500 Ceiling tales water stained in laundry room. 30 shays
410 „ 30* Carbon ntcrnoxiele aalaarin observed with no hattterics aand no saver 24 liour s
for batteries.
_.. _.._ ... _......... . .............. .
Threshold art rear right bcciroorn is darn aged and not cleanable.
410.500 Floor ofrearr right bedroom has been retnoved and exposes nails in 30 (lays
the floor boards. Floor surface is no longer cleanable.
410.500 Floor oftnain entry is water claarna el and several floor boat-cis are 30 Clays
warped. Floor surface is no longer cleanable.
Page 1of2
North Andover Health C)elraartrnent.
120 Main Street
North And veer, MA ()1 45
Phone: 978.68 .9540 Fax: 97 .688.8476
41(f�500 I,lcac.ar board in main entry way is lifting up From the floor anel°"� . 24 hoursconstitutes as a tripping hazard.
Openings observed tinder kitchen sink that may harborage or entry4l f;l.5t:f() fiar rodents :f(1 clays
410.550 Rodent droppings observed Lrncler• kitchen sink, 30 days
Old, elaniagecl cat-pets au d what appears to be construction trash
410.500 (1 stored, (lays
stored, in garage,
410.500 Mold accnrarulatirrra acrid water damaged observed cart the baattaanr of`
3(f (Jays
the shared walls between the dwelling unit and the, garage.
SOITle crn,rt,sidC surfaces Ol' tructure appear to be water clarna ,ed and
410 500 Starting to deteriorate, Water damaged surfaces are no longer able 0 datys
toprotcct the structure from wind, rain, Carrel snow.
Sediment oil floor ol'c.lose.t in rear right bedroom. Sedimcnt
(.rbserved oil floor"of'washer aancl dryer. ()cctnlMilt reports thaat
washer and dryer had flood water in it but has since; been cleaned
by the occupants and used.
N crier:
111case note the f'callcrwirrg r-ecluirerrrcnts crfthe 105 C'ISIR 410.500
Owner's Ices onsihilit , to Maintain Buildin ► anal Structural
I1Acmrraents
(1I) In the event of leaks an(] flooding, the owner shall ensure all
surfaces have been clriecl within 48 hours from the time they
acre notified or the end of the event, whichever is sooner.
Violations noted meet the conditions of 105 ("MR 410.630 (A) ("oticlitlon Glee°rr ed, to Endarrger or
Materially Impair Health or SaatetYy and a good taith effort must be made to correct within 24 hours ol*
service.
1'lu rns)ecIion refrort rya si me and c"eriifred undcr_t:he, rains and
penalties oflac,r°jury.
lnsI)ectaar ;i raaatnrc r .,: . .
lort.h Andover 1-tearlth Department
120 Main Street,
North Andovcr, NIA 01845
Phone: 97 .688.9540 Fax: 978.688.84 6
The Commonwealth of Massachusetts
UipDepartment of Public Health
Notice of Occupants' Leaal Rif,!hts 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 CK8R41D.V0V).
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 must mee1minimum standards toprotect the health, safety, and well-being ofoccupamta.
The Housing Code, Minimum Standards of fitnessfor Pluman flabitotion (State Sanitary Code, Chapter 1/),
is the state regulation that sets these minimum standards. The Massachusetts Department Of Public Health, Bureau of
Environmental Health's (�SP) issues regulation, but are by local
health departments.'CSP works with local health departments and the public to provide training and technical assistance
about the Housing Code. For more information, please see .
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 health department may tell you there is something that you need to fix.The local health
department 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 shuu|dcontact
your local health department.They will conduct free inspections of your horne 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 o/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 complaint to them 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, s.l8 and c.239, s.2A).
Your Right toaHearing
You may ask for a hearing in front of your local Board of Health. You Must do this in writing and within the timeframes
below. if you send a written request on tirne to the local health department, a hearing will be held within 14 calendar days.
If you do not make a written request within the timeframes below,you lose the right toa hearing.The chart below shows
the reasons YOU may request a hearing, and the timeframe you have to send the request.
Your horne was not inspected 30 days from 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 not 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 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.
Depending on YOUr city or town,this may also be called a Local Board of Health(BOH),Local Health AUthority,or Inspectional Services Department.
This is the local code enforcement aUthOrity responsible for enforcing the regulations,
KAay20Z3
Your Options ifan Owner Does Not Fix the Problems
If your landlord does not fix violations of the Housing Code in your home, you may have sorne options as described below.
These are not your only options, but they are common actions that tenants take in these situations. Before taking legal
action, contact an attorney to protect yourself. if you cannot afford an attorney,you may be eligible for free legal aid
services. Gotun,_i_a_��IrLoIE_to find available options for free legal advice.To find additional information on tenant legal
rights and responsibilities,visit: or .
Pp
J: Go to Court
|f your landlord does not fix the problems that the local health department ordered them to fix, orif you believe there
are problems in your home that may be in violation of the Housing Code,you may also ask a court in your area to order
your landlord io correct the prob|enns.
'To file a complaint,contact the Housing or District Court Clerk in your region,Tu find the closest Housing or District
Court go to or .These courts deal vvith
cases about residential housing including eviction, property damage, 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 the Problem: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.L. c. 11l, s. 127A, C).
onclur
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 or2) Unfair and Deceptive Practices (K4.6.L. c 83A), or both.
For both clairns,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 department.
If Your landlord does not correct certain housing code violations, you may be able to hold back sorne or all of your
rent payment until they make repairs(M.G.L. c. 239,s. 8A).Save the rent money you withhold.A judge may
require you to pay all or sorne of it back. If they do and you don't have this money, you may be evicted. If you
withhold rent and your landlord tries to evict you frorn 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 tenant;z
• The rental property owner knew about the violations before YOU started withholding your rent; and
• You did not cause the violations.
Op airs�Yourself
State law allows you to use your rent money to, pay for certain repairs (M.G.L.c. 111,s.127L), and not pay that
amount in rent to your landlord. You cannot withhold more than 4 months' rent in a 12-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
Your home,you will need toprove:
• The local health department or court determined that the violations may endanger or materially impair the
health,safety,or-well-being of residential tenant; z
• The |amd|ordvvasissuedanQ/de/to[orrectthosevio|adons; and
• The owner did not start the repairs (or to sign a contract for work)within 5 days after getting the Order
and did not complete repairs within 14 days after receiving the notice of violations.
_Lq?!sgfqr!y_gqd Move
If you meet certain conditions, you may be able to end Your lease or rental agreement and move out within a
reasonable tirne. 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. GutomassirjLor0�ofind available options for free legal advice,
These are serious violations which include problems such as not having heat, hot water', electricity or gas,o,r exits that are blocked,
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