HomeMy WebLinkAbout- Orders Letters and Photos - 20 ROYAL CREST DRIVE 9/8/2023 North Andover Health Department
(ommunity and Economic D vologarnont Division
NOR'i"E...i A N t:OVt R BOARD (.)F l 11E LT {
ORDER TO CORRECT
lssracd Under the provisions of li);) C°c'ade Of Mass&JaraSCtts lac"Fcalaticaaas (C.;MR) 410.000:
Minimum Sf and ar(,[s caf'P"ftrae^ssfiv 14raartun 1�°rlxitrata`rrr�, �Startc° ,4raraitta�ra� (:.'ode, C li apter 11
Date: ~~aepternber 1, 2023
To Owner:
"hirer Galleria 'h)wer
l)allas, `IN 7 240-la090
RED,: 20 Royal Crest g)rive, North Andover, M/1 0184
1)e>a:r Owner:
Flie North, Andover Health l)epaartnac5rat personnel c::canclUCted an aratlacari ed,, inspection
of your property at the above referenced a3,Cl,dtt,.`,ss oil St:"1")t4'arlber 5, 2023 in re.sI,)onse to ar
complaint filed with this Department. '1'lle inspection revealed violations of t1le State Sanitary
Code, C lialater 1.1 as listed can thc attached Violation Fcrrrrr.
You are herel:ay 0Rl:)Ia.Rh,l) to correct t1lie violations within tlac- time allotted oil tlact
enclosed form. Failure to a::c:,raal:,ly Within file Specified firm period will result i.aa a fi:racy Of' aala t:O
` 5 0 per (lay' in aaccrcarclaaace with 105 CMR 410.920 of the State Saaaitary Code. 'l l e fine v^ill.
COra till raC tca dCCTUC r.aratil the sub ecMt property is brought into compliance with this C)rder to
Correct. laac..h day or portion t1wroof during, whic it the violaati.olls Cc:rra till Ile shall Constitute as
separate offense.
YOU have tlacr right to request a lacaring 'before the l'lcaarcl of l-loal.tla if YOU, fCCI this Order
to C',orrec't Slruarlcl he mo dified or wnritlaclrawn. A. r(Xlrrc.st for said hearing must be made in
writing, and received by the leal.t:h 1)c partrnent within seven (7) plays frc:aaaa receipt of this
Order. At:said beaming you will be given an opportunity to be hoard and to present witnesses
Failure to comp/' with any order rs.suecipur a ant hr the prrovt�s wis°GAF"105 t"'"c1R•t"ld 000 01u11 t4p on c-onvicth)n be
Fdraeaprarat doss°Idzcrra �'dtp Ip�rarrr rrr�r�e t/r��dr�t ,�:atp(! /saaa°pa�a�xy'�Fartlarrcr trr c�aanprd�, uvdtdr arrr 4:rrr�"a�r,+paerdl c'�rrCa`ftitarlc'a�a
cep prate^violaaM)n (1Q5 t:,"AW?4/O( 920).
Page 1 cal'2
North Anclover I learlth l:)epaartinerat
120 Maaiii Stre t
Ncartla Andover. NIA 01 4.5
g"ltcane— 978.69 .9 4tl Fax: 978.688.9542
and (JOCUmentary evidence as to why this Order should be niodiIied or withdrawn. All affected
parties will be kiforined of the date, tillic and place of the hearing and of their right to inspect
and c(:)py all records conc.erning the matter to be heard. You may be represented by an
attorne . You have a, right to inspect and obtain cat all.relevant records concerning the
y I
mat.ter to be heard. Conditions nray exist which will allo"r the occrii..)ant of the residencc, to
c�xcrcise lc ,,al rights outlined in the Notico,of Occupant's Legal Rights and Responsibilities issued by
ttic Department of Public Health Conl ill unity Sanitation Prograrn
If the dwellilq; unit is ,,,,I(,ant or becomes vac alit before the violations are corr-ected, the
dwelling unit cannot be re-rentcd or- re-occupied prior t(-,i compliance and prior to air inspection
by then North Andmer I lealth Department in accordance with 105 CMR 410.660. Please cal]. the
North Andover I-Icalth Departinent al (978) 688-9540 for a re-inspection. A re-inspection,
performed by the North Andover Health Department is required.
If you have anly (.lLWSti0f1S, COrnments or concerns, please feet free to catl nie between the
hours of 8M-4:30 on Monday, Wc,dnesday and Thursda.y, 8-00-6:00 tall TUeS(h.1.),` and 8:00-12:00
on Friday. Any questions rep this matter can be anstiverecl through the North Andover
1-lcalth DopartmonL
This is an important I egal. cloctunent. It may affect y(!qj rights. You should have it translated.
Este es ull dricumento legal impol-tante. Fs posible clue afecte.S...L..Is derechos. Deberia traduci.r1o.
Este 6 um documento legal importante. E'Ic pode afetar.seus, direitos. faconselhivel tracluzi-
lo.
................. ...............
Sincercf,y,
slanene Pierce
North And(wer Public I-lealth Inspector
C,C:
Brian I...,aGrasse, North /Nndover Director of'Public Health;
Board of
Maria Di(J'iaconlo, CommU11ity Manager of Royal Crest Estates North Andmier,
50 Royal C"'rest Drive, North Andover, MA 01845;
Occupant;
File
�k lit via:
(-.'ER'I'lf,'11,',I',) MAII-, # 70201.810 ()001 1796.7462; and 7OW /3/0 17916 2'VLy
First Class Mail
Page 2 of`2
North And() cr Health Depam,merrt
120 Main Street
North Andover, N/IA 0 1845
Phone: 978.688.9540 Fax: 978.688.9542
•
North Andover Health Department
(ornrrauraity Developuaeaat Division
Date: 9/5/202 3 Time: 3:45 PM B('.)1l Inspector: Slaaancrac Pierce
Address: 20 Royal Crest Drive, North !"sracicsvcr, MA 01845
_.. �. _..._ ...
1 e ��1 tia:►n Timefra��ar��e to
Description 105 C AIR Comply
.... ....._...._._......
410.550 More than several house flies observed in the hallways, cal`both 7 days
staircases, cspeciaally near trash room.
410.550 1 fc USe fly aancl f llit flies observed inside trash roorn. 7 clays
_ ...._ _ _.,_..- ........... .. _...
41O) 570 `~some fi:od debris observed can some of"thc walls in trash rr on). 7 clays
Large paar•tiarras t;rf ccihn�, in corrrnaon area hallway near trash roorn
410.5f.0 fit:) days
haa:vc laccr'r cnt carat 811d left open.
410.500 Ceiling water staainccl in cornmon area hallway near trash roorn. 0 clays
_._ .-- ..__., - _ .. ..._ _....
Violations notcd meet the conditions a`rf` 105 t'MR 410.630 (A) Condition Deemed to 1°,ndaanger or
Materially lrnpaair 1lcaahh or Saat'cty and as good faith cf`firrt rnust he made to corrcct within 24 laaraaa°s 01
servic,c.
This inspection report is signed aa:n(l certified under the pains; and penalties of"per,jaary.
Inspectors Signature: � °' t �C ., Date: 9/5/2)
Page t of' I
North Andover fleaalth Depnrtn,ient
120 Maaira Street
North Andover, MA 01 45
Phone: 97 .laf 954. :} Fax: 978.68 .8476
The Columonwealthof Massachusetts
Department of Public Health
Notice of Occupants' 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, osrequired by the state Housing Cmde (1O5 CIVIR41O.QOD).
advice.Talk to an attorney before you decide to withhold your rent or take other action described here.
Safe and Healthy Rental Housing:
kenta( housing in Massachusetts rnmst meet mininnurn standards to protect the health, safety, and well-being ofOccupants.
The Housing Code, 105 CMR 410,000, Minimum Standards nfRtness/orHurnoo Hob/bztion (State 3oo/turyCode, Chqmter//),
is the state regulation that sets these minimunn standards. The Massachusetts Department of Public Health, Bureau of
Environmental Hea|th's /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
about1h2 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 renterl homes or apartments need to meet.There are some
problenis like pests, mold, arid keeping exits clear, that might need the owners and occupants to work together to fix the
probfem. For example, occupants need to make sure there is no hood or garbage left out that could attract pests or keep
their belongings out of exit hallways. If the local health department is doing air 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
departnient may issue you an order to correct and give you a certain arnOUnt of time to fix the problem.
Your Right to Safe and Healthy Housing and Protection from Retaliation
If you think Viat conditions in your home are unsafe or unsanitary and may violate the 1-fousing Code,you should contact
your local health department. 1"hey will conduct free inspections of your home and will order your landlord to fix any
violations of the Housing Code. YOU (,-an find contact information for your local health departrrient by calling yOUr'city or
town hall orvisiting their Vvebsite. City/town vuebsites are listed at: .
Your landlord is riot allowed to raise your rent or try to evict YOU just because you have niade a COroplairit to therin or to
the local health department abOUt the violations. This is called retaliation, arid YOU rnay be able to SUe the landlord for
damages if this happens (M.G.Lc-18G, s.18 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 tir-nefraryies
below. If you send a written request on time to the local health department, a hearing will be held within 14 calendar days.
|f you dm not make a written request within the timeframes below,you lose the right to a hearing.The chart below shows
the reasons you may request hearing, and the timnmfmmoyou have to send the request.
Your horne was riot inspected 30 days from the. day you contacted health department
'The inspector did riot find violations you think exist 30 days from the last inspection by the health departInent
The inspector did riot 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 departt"nent is required to issue a final decision on your complaint (105
[MR41O.84O). If you du nut agree with the decision, or at any poin11hroughOut the process, you can file an appeal in
housing court.
Depeodkig on your'city m towri,this may allo be called a Local Board of Health(BOH),Local Health Authority,or Irispectional Services Department.
Fifls is the local code enforcernont authority responsible for enfordng the regOations,
ax u7I
Your Options if an Owner Does Not Fix the Problems
|fyour landlord does riot fix violations of the Housing Code in your hmrne,you may have some options as described below,
These are not Your only options, but they are common actions that tenants take in these situations. Befmretaking legal
action, contact an attorney tn urotectyoumse|t |f you cannot afford an attorney,you may be eligible for free legal aid
services. Gmhz rilassIrf.grg tofindavai|ab|eopbonaforfree |egaledvice. Tufindadditiona| infnrmadumuntenaut |ega|
rights and responsibilities, visit: or .QpLtLiqn 1: Go to Court
If your landlord does not fix the problems that the local health department ordered them to fix,or|f you believe there
are problems in your horne that may be in violation of the Housing Code,you may also ask a court in Your area to order
your landlord to correct the problems.
To file a complaint, contact the Housing or District Court Clerk im your region. To find the closest Housing or District
Court gVto o . These courts deal with
cases about residential housing including eviction, property damage, and Housing Code enforcemenL 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: oumrthe |oca| hea|thdepartrneotrnay0eapetitioninHousingorDistrictCountmon1erthe
owner to fix the violations of the Housing Code (K4.G.Lc. 111, s. 127A, C).
on4/mr
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 timethat there were Housing Code violations. You can clairn either 1) Breach of Warranty of
Habitability or2\ Unfair and Deceptive Pnactices /&4.G.L c 9SAl, orboth,
For both claims,you will need to prove that your horne had Housing Code violations, and that the owner knew about the
violations and did riot fix them. Breach nf Warranty can also befiled hw the local health department.
If YOUr landlord does not correct certain h0LJSir1g code violations, You may be able to hold back someor all nfyour
rent payment until they make repairs (M£Lc. 239, s. 8A). Save the rent money you withhold. 4 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 tm evict you frmrm Your home,You will need to prove, aLanmininnmm, that-
• The violations may endanger or materially impair the health, safety, or well-being of a tenant;'
• The rental property owner knew about the violations before you star-ted withholding your rent; arid
• You did not cause the violations.
Yourself
State law allows you to use your rent rnoney to pay for certain repairs (M.G.L c. 1.11, s.1,271-), 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 some or all Your rt,,nt arid 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 r-nay endanger or rnaterially impair the
health, safety, or well-being ofa residential tenant; z
• The landlord was issued an Order toCorrect those violations; 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,
ggt
If YOU rneet certain conditions,YOU may be able to end your lease or rental agreernent 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. Goto o find available options for free legal advice.
zThese are serious violations which include problerns such as not having heat, hot water, electricity or gas,or exits that are blocked.
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