HomeMy WebLinkAbout- Orders Letters and Photos - 42 ROYAL CREST DRIVE 1 9/8/2023 North Andover Health Department
(ommrrnity and Economic Development Division
3OWal AND()Vf,,R BC AM.".) OF t-1E .LTI-I
Issued under die provisions of 105 C::oR.1Re of MassalchtrsReRs lice} ulartions (4.NIR) 4 X().C)00:
Mininami Standards (af fitness or h-Criman f-Itataita°atiean, Stak San&nW (" RrrJe Cw7ttrlater 11
MtR.w; September 8, 2t:)"23,
'ro owner:
AlMC,'O/TTA M'a235
Three MILK ra 11owr
1)akllcas, I l 5240-5t)90
RE: Royal Crest Mive, t;fK 1, Noah Auklc,ve , MA 01845
)ear Owner:
The North Andover liea:lth De aartrncmt personnel c_canduc°ted an aaruthc:rrked insperc::ticm
of:' your property at they above referenced address (m Se1?tcwrra.b er Q 2023 iaa rvslaonsce to as
wrnph i.nt filed with, tams Dep arttnent. They inspection revealed violations ofthe Strafe Sanitary
C`de, C'Irapka 11 as listed can thc" attached Violation Vtrerm.
`r°cars are hereby C)T~rDEIMI to correct the violarticaras within the time allotted on the
enclosed form. l^ailinxi to comply within they sp(Mit time Iaeeriod %11 nauh in aa We of up to
r
a�500 per dazya in accordance with 1,05 5 C:;"MR 410920 of floor SLA! Sanitary CAMP.. "rhe line will
('erntinrrae to swc'ruv until We sutlect 1rrR'>Iierty is lermrl.,ht inn) ccara-Rp1hurac e with this C:h&,r to
C.vrec:t. Each day or peaNkwa thereof clr,aring which t.licti violations continue shall constltuk, as
separate of erise.
You have thReright to request Ka Wring huts, n? Be Board cef}PA& if p)u WA this, Coder
to C::carrRw I sh Allcl he modified or withdrawn. A rcxquest Or add heaAng raar.r�,st:be arrade i:rl.
writing, and received by they I leaalth 1)epaartrneent w4hiri seven ( ) clays from receipt of this
Order. At: said lac#arinf, you will be glen aarr opywr unity to b(.,w heard and to present witnesses
and documentary entar•y evidence as to why this Mdeer shR:wrdd be rr.7RMeRl or withdrawn, All affected
' Mum to c°a?arpb,oaUh aagv ernkr Asraedpwauunt to theprmAacrrm cy/0,5!°AIR 410,00(I.hall aetwn c-onviE" ion by
ldrrcrei not than SIUOO nor rrron thaaar SM10,
sc,pcareatc„^ violation 005 CllIR 41Ot 920)
Page I of 2
oath ,Aruiow Il aahla Mpaartraaent
120 Main Street
North Andover, Mty 01845
parties will he hifortned of the date, time and place of the hearing and of their right to inspect
mid copy all records concerning, they matter to be heard. Yo-Li may I.-)e represented by an
dttOrTlOy. N'OU have a right to inspect and obtain copies of all relovant records concerning the
rnatter to be heard. Conditions r1l4ay exist Which will allow the occupant of thc, residence to
exercise lq.),al rights outline in the Notice qf0cctipant's Legal Rights it-nd Responsllfilititl issued b.)r
the Department of Pi,iblic Health Sanitation 1. rovrani (C"S'P).
If the dwelling unit ors vacant or lx,conies vacant before the violations are corrected, the
dwelling unit cannot be re-rented, or re-occt.ipi.ed prior to conipliance and prior to an inspection
b.y the North Anclover I lealth Der)artment in accordance with 105 CAV 410.660. Please call the
North Andover I fealtfi Department at (978) 688-9540 for as re--inspection. A re-inspection
performed by the North Andover Ilealth Department is required.
Ill'yoti have any questions, cornments or concerns, Please feel free to call me between the
hours of 8:00-4:30 on Monda),, WednesclaN, and TIILJI-Sday�, 8:00-6:00 on 'TijesdaN,, and 8:00-12:00
()It Fri&,iv. An..) qtiestions regarding this inatter can be answered thrmif,,h the North Andover
Health Departnient.
This is an important legal document. It may affect y9jq rights. You should have it translated.
F'ste es un clocumento legal importante. FS Erosible que afecte S,,L,],.s derechos. Deberia traducirlo.
Este 6 urn docurnento legal irnportante. Fle pode afetar seas dircitos. t,aconseffidvel tradozi-
10.
................ ...............................................
Sincerely,
Shanene Pierce
North Andove-r PLiblic Health Inspectol,
C'C
Brian La(3rassc-, North Andover I hrector of P'LlbliC I l0alth;
Board of I lealth;
Maria DiGia,I(:-,mylo, Con-iniurtity Manager of Royal Crest L;states North Andover,
50 Royal Crost Drive, North Andovor, MA 01845;
OC(Alpat)L;
File
,-"erit Via:
Cl TTIF1 F"D MAIL# 7020 18 10 000 1, 17()(,-)7448- and 70,LO ljl
First Class Mail
Page 2 oI'2
Nortli Andover I lealth Depatiment
120 Main Street
North Anclover, MA, 01845
Phone: 978.688.9540 Fax- 978.688.9542
gpel
•
North Andover Health Department
Cornrnurrity llevelrrfrrnerrt Givisierr
N1C)R,r l: A GE7OVER 13OARE) OF JJE.? LTF
VIOILATION FORM
),ate. 9/6/202: Time: 3.20 1'M 13011 Inspector: Sh4aueue fierce
A(ldress: 42 Royal Crest [)rive, LJt it 1, North Andover, 1v1A 01845
Regulation I)escriptioaa Titnefr�arne to
111;5 ("MR Comply
E. idence of'rodent activity observed in cal�irIets Wider kitchen sink
4'1 f: 50 -10 drays
and onfloor rear rcfi�igrr^rrrtr�rr.
Ceiling phister cracked irr hallway outside of,lwedroorns arad
410.;�00 30 days
1wathrc,on).
C";ap between toilet base taut) floor of both b athrcroms, not cleanable
41f1.�+C)(�} 30 drays
or ww,aterti ,ht.
Opening observed under right side of"heating f�crlity located far �
41 O) 500 right corn ol'(behind make-up stand) master bedroom, poterilially 30 days
allowrr"1" "_f6r crrtry raid hcarhorae of'pests.
Piece of*wood with sharp edges and the srnall rrrail Protruding, Crom.
l I10.5 f0", the lrtarric,, of'c welling unit entry door poses as a Potential accident 24 fauns
lrartrrcl.
I fearing fiacrlrt.y it) master bedroom was partially blocked by heavy furniture and therefor
only one opening was observed. It is Passible than other entry Points for Pests exists, but
rrray he blocked by fi.rrniture.
Mold ac°euRnuh�atior) observed on caulking in shower-of btathroorn closest to kitclrera.
1:)isc,rrssecl c9cartirrg traold with occupant. 1l'c[1rdkirrf is c,leancd and it is obscr-roved that the
Note: material has def'ccts or it is unable to hc cic;araed, their it nrrrst he replaced/rep airc&
Pest control company present daring,, initial portion of'tlte inspection. Foram had been
used to sea] Lip entry points in the kitchen area and bait boxes were observed throughout
the dwelling;emit. Please send last Ci mont:lrs of`pest control rcl-.rort, to
sP��r"�� �r 1ac�f"t�f�f�"rdciw"�_frar4f:.g.i�v.
Page I ot'2
North Andover l lesalth Department
120 Main Street
North Andover, MA 018,45
Phone: 97 .ciif 8,9 40 Fax: 92 .6 . 476
....... .. ...... ...... .......... .... ....... ... ..... _... _.,.._
Violations noted meet the conditions of 105 C"MR 410.630 (A) Condition 1)eerned to Endanger or
Materi ally Impair Health or Salety and a good faith effort.nacast he made, to correct within 24 hours of
service.
This inspection report is signed and certified under the pains arld penalties of`perycary.
Inspectors Signature: S T> Dime: 9/6/23
North Andover Ile alth Department
120 Main Street
North Andover, MA 01 45
Phone,: 978.68 . 540 F,:x: 97 .688. 476
The ("'mM111I)MVelalth of Massachusetts
Department KnfPublic Health
Notice of Occupalits' LeLyal 'Riahts and Responsibilities
This document summarizes some mf the legal options that you may have when the owner ofa property you live inhas
not fixed certain problems in your home, as required bv the state Housing Code (10GCIVIR410`nO0),
advice.Talk to an attorney before you decide to withhold your rent ortake other action described here.
Safe and Healthy Rental Housing:
Rental housing in Massachusetts must meet mininiurn standards to protect the health, safety, and wObeing of occupants.
The Housing Code, Minimum Standards of Fitnessfor Human flabitotion (State Sonitury Code, Chapter//\,
is the state regulation that sets these rninirrium standards. The MassaChUsetts Department of Public Health, Bureau of
Environmental Health's /[Sp\ issues this regulation, but the standards are enforced bylocal
health deparLmeots.z CSP works with local health departments arid the public to provide training, and technical assistance
about file 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 hOrries or apartments need to meet.There are some
problems like pests, 11101d, and keeping exits clear, that alight need the owners arid Occupants to work together to fix file
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. [f the local health department is doing an inspection, either by your request orfor
another issue,the local health department may tell You there is sornethilig that you need to fix.1-he local health
department May issue you an order to correct and give you a certain arnount of tirne to fix the problem.
Your Right to Safe and Healthy Housing and Protection from Retaliation
If You think that conditions in your horne are Unsafe or unsanitary and may violate the Housing Code, You should contact
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 mr visiting their m/ebsite. City/town vvehsites are listed at: .
Your landlord is riot allowed to raise your rent or try to evict you just because you have made a cornplaint to them or to
the local health department about the violations.This is called retaliation, and you may be abie to sue tile landlord for
damageoif this happens (M.G.L. c.l86, s,1Q and c.239, s.2A).
Your Right boaHearing
You may ask for ahearing iri front of your local Board of Health. You MUst do this in writing and within tire tirnefrarries
below. If you send a written request on thne to the local health department, a hearing will be held witNn 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, arid the tirnefrarTle You have to send the request.
rkn
Your hor-ne was riot inspected 30 days from the day you contacted health departMent
The inspector did riot find violations you think exist 30 days frorn the last inspection by the health department
The inspector did riot issue an or-der to correct violations 30 days frorn the last inspection by the health department
The inspector did riot enforce the order to correct 45 days fronl 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 mn your complaint(1.05
CMR 410.840). If you do not agree with the decision, or at any point throughout the process, you carl file an appeal in
huusingcmur1�
Depending on your city or town,this rnay also be cafled a LocaI Board of Heakh(BOH), LocaI Health Authority,or Inspectional Sorvicos Department
This ls the bcal code enforcernent auth&ty responsUe for enforcing the regulations.
xnnvnn79
Your Options if an Owner Does Not Fix the Problems
If your landlord does not fix violations of the Housing Code in Your home, You rnay have some options as described below.
These are not ymur only options, but they are common actions that tenam1stake in these situations. Before taking |ega�
action, contact an attorney to protect yourself. if you cannot afford an attorney, you may be eligible fwrfree |ega| aid
services. Go to to find available options for free legal advice. Ta find additional information mu tenamt |egal
rights and responsibilities, visit: o .
PktioLn 1*_qp to Court
If Your landlord does not fix the problerns that the local health departnient ordered thern to fix, or if you believe there
are problems in Your honne that may hein violation of the Housing Code,you may also ask acoartin Your'area tmorder
Your landlord bz correct the problems.
To file 6 complaint, contact the HouSingor District Court Clerk |n your region. To find the closest Housing or District
Court go to orlocations.These courts deal with
cases about residential houdng including eviction, property damage, and Housing Code enforcement. For help filing a
complaint, you can contact [murt Service Centers at .
You call request that the Court order the landlord to:
Fix the Problem:You or the local health department rnay file a petition in Housing or District Court to order the
owner to fix the violations mf the Housing Code /&4.G.L. c. I11, s. 127/, Cl.
onoymr
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.) BreacAl of Warranty of
Habitability or2) Unfair and Deceptive Practices /hn.G.L. c. 934\^ 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 arid did riot fix them. Breach of Warranty can also be filed hy the local health department.
Option 2: Withhold Rent Until Repairs are Made
If Your landlord does not correct certoin housing code violations, You rnay be able to hold back some or all of your
rent payment until they make repairs (M.G.L. c. 239, s. 8A). Save the rent moneyyou withhold.Ajudge 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 MirlinIUM, that:
• The violations nlay endanger or materially irripair the heafth, safety,or-well being of a tenan t;2
• The rental property owner knew about the violations before you started withholding your rent; and
• You did not cause the violations.
Pplion 3: Make the Re airs Yourself
State |auv allows you to use your rent money to pay for certain repairs (M.Glc. 121,s.127L), and not pay that
amoun1inrenttoyour |and|nnd. Youcanm0txvithho[dmorethan4months' ren1ina12-monthperiodtopayh}r
repairs, If you withhold sorne or all Your' rent and use it to make repairs arid your landlord tries to evict you frorn
Your hume,You will need tgprove:
• The local health department mr Court deterrnined that the vio|abons may endanger or materially innpairthe
health, safety, orwell-being ofa residential tenant; 2
• The landlord was issued on Order to Correct 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 (lid not coniplete repairs within 1.4 days after receiving the notice of violations.
If you meet certain conditions, you may be able to end Your lease or rental agreement and niove ClUt.within a
reasonable bme. Contact an attorney to find Out rnore about this option, if you cannot afford an attorney,you may
be eligible for free legal aid services. GotoMmas�j�to find available options for free legal advice.
These are seriOUS violadom which include problerns such as not having heat, hot water",electricity or gas, or exits that are blocked,
xxn./ 7n?'1