HomeMy WebLinkAbout- Orders Letters and Photos - 24 SCHOOL STREET 9/28/2023 North Andover Health Department
Community and Economic Development division
NORTH A1'DOVER BOARD OF HEALTH
ORDER TO CORRECT
Issued under the provisions of 1.05 Code. of Massachusetts Regulations (C.MR) 410.E 00:
Alliniinuirr Staarrdaards of 1-ilness for 11trrrrtan Habitation, State SanittarY Code, Chapter 11
Date: September 28,2023
To Owner:
June G. 'llaornton,'Frustee
June G. 'flaornton family`t'rust
20 Sc:laool.Street
North Andover, MA 01845
f�E: 24 School.Street, North Andover, MA 01.845
Dear Owner:
The :North Andover I1ea.lth Department personnel conducted an authorized inspection.
Of your property at the above referenced address on September 20, 2023 in response to a
complaint filed with this Department. ]'he inspection revealed violations of the State Sanitary
(.,'ode,Chapter 11 as listed on the attached Violation laorrn.
You are hereby ORDERED to correct the violations within the time allotted on the
enclosed form. Failure to comply within the specified tin-Le period will result in a fine of Lip to
$500 per day' in accordance with 105 CMP 410.920 of the State Sanitary Code. 'fhe fine will
continue to accrue until the subject property is brought into compliance with this Order to
Correct. Each clay or portion thereof during which the violations continue shall constitute a.
separate offense,
You have the right to request a hearin f,, before the Board of f leMalth if you feel this Order
to Correct should be modified or withdrawn. A request for said hearing rnust be made i.n.
writing and received by the l lealth Departnaent within seven (7) clays from receipt of this
Order. At said hearing you witl be given an opportunity to he heard and to present witnesses
Foilnre to comply with earw order isvtaeelpw'srant iv the,irrovisions ref f 05 C"lt R 410.000 shall zipon conviction be
fined not less than S10.00 near more than S500. /;raefr cdcxy",S°�'ailur e trr canr��ly witch ura oredrrr° s°hcaCC Cerr2.5titutey u
sc.p annex Wolcaticrn(d 05 C"MR 4 d 0,92t1).
Page l of 2
North Andover health Deparouent.
120 Main `street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 97 .C88.9542
and dOCUrneflUlry evidence as to why this Order should be niodified or %vid'uh-awn. All affected
parties will be inforrned of the date,tinie and place of the hearing and of their right to inspect
and copy all records concerning the roatter to be heard. You inay be represented [)y an
attorney. You have a right to irlspect and obtain copies of all relevant records concerniiif,, the
matter to be heard. ('onclitions n-tay exist which will allow the occupant of the resicl(,mce to
eXCI-CiS(? IOP,al ri}'['ItSOLJtfined in the Nothe of'On-upt-oit's 1.egtd Ri,,Ifls and Respoiisibdifit^s issued by
the Department Of PUblic I kalth Corninunity Sanitation Program (01.31').
If the dwelling unit is vacant or becomes vacant before the violations are corrected, the
dwelling unit cannot be re-rented or re-occupied prior to compliance and prior to an inspection
by the North Aridover Health Department in accordance with 105 CNIR 410.660. Pleas(,call the
North Andover I lealth Departmerit at (978) 688-9540 for as re-inspection, A re-inspection
performed by the North Andover Health Department is required.
If you have any questions,comments or concerns, please feel free tc>call ine between the
hours of8:004'10 on Monday, Wedtiesday and Thursday, 8:00-6:00 on '"FLICS(lav and 8M-12:00
on Friday, Any questions regardingr this matter can be answered thrOUfh the l'orth Andover
Health Department.
This is an important legal document. It xnay affect your rights. You should have it translated.
Este es un clocurnento legal importante. FS posible clue afecte sys derechos. Deberia traduch-lo.
F'ste 6 urn documento legal irnP ortante. Fie pole afetar seus direitos. Is aconselhAvel traduzi-
lo.
.................
Sincerely,
.... .... Ufrz ...............
,-711M ILA W I ICR C
North Aridover Public I lealth, Inspector
CC: Brian LaGrasse, North Andover Director off"ublic I lealth;
OCC U PA 11 t;
Board of Health;
File
Sent via:
("ERT1171111,"D MAIL# 7020 '1810 0001 1,790'74'00 and;
RCgUlar First Class Mail
Page 2 of2
North Atidover flealth Department
12(1) ?'vlairi Street
North Andover, !VIA
Phone: 978.688.9540 F ax: 978.688.9542
•
M
North Andover Health department
Community Development Division
NORTH'I H A l~' I,) V ER BOARY) OF HEALTH
VIOLATION I"OIZM
1)atc 9/20/2023 Time: 3:00 PM BOH Insl�ccO Shauacnc Pierce
1'rojl e.rty Address 24 Schoot Stet,t, North s1.z�do\,e °A 01 4
Regulation Tin efranie to
105 C1"V112 I)csc�°iltt an ('01111)ly
410.500 Water-stained ceiling tiles above kitchen sink. 30 daays
_......
l..cawer kitchen cabinets observed darnagecl. "l"hc lace of`one ofthe
411.500
drawers is nnssing and drawer can not be used as designed. One of
f° ,.the cabinet units has detached from the c(.)enter-and can not be
�� days
used.
41O1 500 Mold arccrrnrulation observed inside lower kitchen cabinets and 30 clays
_ ...... ..... ....
under sink.
t"abinet surfaces underneath sink observed warped, water dall,ia ed,
41 t:1.5(ff�1 :30 days
and no longer easily, gleanable ear watertight.
11ooncoa.rds in front of`kitchen sink cahserved water clarnaged.
410.500 '1"here is significant sl)arce between floorboards which is not 30 days
cleanahle. `�carnc Portions of'thc flne>r srrrl'arcc brav�Ilccicd eel"f".
_... ... . .... ..._
410.50() Shower wall is in disrepair and no longer-watertight. 'l'here are art ;0 days
least 2 tiles missing from the shower wall and covered by duct talae.
41.0.500 t'aulking/gr•car.at is darnaged in shower and is no Ionger° cleanable. 30 days
410.500 C o\ier around shower control observed missing. 30 days
410.500 Wall between shower and sink observed with babbling paint. 30 days
c,vidcnca: ofwaatcr da male.
........
....... _........ _...._.. _.... _._.._
410.500 Large cut out hole observed in wall between shower and sink. 30 days
Paige 1 of'2
North , ridover Health Deiaaartnient:
120 Nlarira 2trect.
North Andover, Play, 01845
f1h arse.: 978.688.c 540 Fax: 97 .()88. w47
---------------------------- .......... ............ . ..
.............
410.500 Bathroom door missing door l nob. 7 days
Comment: Occupant staled that water leaks from bottom of wall between the shower and sink
when the shower is used. The shower A,as not turned oil during the time of the
irarslarcction therefor no active leak w ass observed at this time.
Violations noted meet the conditions of I05 CNIR 410,630 (A) ('ondition De:erned to L'Indanger or
Materially Impair I lealth or Safety and t;a good faith effort must he made to correct within 4 hours of
service.
Additional violations may be present that were not able to he observed (Wring this raiaaspection ofthc unit..
Once all above areas are addressed, as reinspection, will occur to verity a.11 violations have corrected and to
ensure no additional violations car hazards exist.
This inspection report is signed and certified under the pains and penalties ofperjury.
Ills acctor�, Si n:atnrc . ..._..__ Date: 9/20/2023
l....... ..,.. ,,.._
Page 2 ot'2
N' ::�rth Andover l.lealtlr Departnieaat
120 Main Street
a.arth Andover, MA 01 45
Phone: 97tt,68 .9540 Fax, 97 .08 . 47
The Commonwealth ofMassach0Ksetts
Department of Public ReaUth
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 im your home,aa required by the state Housing Code (106CA#R41O.0O8).
advice.Talk toan attorney before you decide to withhold your rent or take other action described here.
Safe and Healthy Rental Housing:
Rental hOUSing in Massachusetts must r-neet minimum standards to protect the heaith, safety, and well-being of Occupants.
The Housing Code, M/nirnunn Standards off7tnessforHunnomHob/tot/on (State Sanitary Code, [hopte/8),
is the state regulation that sets these minimum standards.The Massachusetts Department Of Public Health, Bureau of
Environmental Health's ([SP) 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 inhormoiion, please see .
Your Responsibility bm Keep Your House Safe and Healthy
TheHmusing Code also has requirements that people living in rented hon'ies or apartments need to meet,There are sarrie
problems like pests, mold, and keeping exits clear,that might need the owners and occupants to work together to fix tile
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
another 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 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 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 nr visiting their vvcbsite. City/town eebsites 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 |oca| hea|1hdepartnnentabuut1hevio|ations. Th[sisoa||edreta|iation, andyounnaybeab|etuxue1he |and;ordfor
damages if this happens (KH.G.Lc-l85,s.18 and c.239, s.2A).
Your Right to aHeahng
You rnay ask for a hearing in front Of your local Board of l-lealth. You Must do this in writing and within the tin'leframes
below. If you send a written request on time to the local health department, a hearing will be field within 14 calenclar days.
if you do not make a written request within the timeframes below,you lose the right to a hearing.The chart below shows
the reasons you r-nay request a hearing, and the tirrieframe you have to send the request.
Your home was not inspected 30 days from the day you contacted health department
The inspector did riot find viollations YOUthink exist 30 days frorn the last inspection by the health department
The inspector did not issue an order to correct violations 30 days frorn 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 un your complaint /lO5
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.
�oepand|ngon you rd,ynr town,this may also heca||eda Local Boa rdofHea|th(B0H)'Loca|Health Authoriu/'or|nspcctionaI Services Uepaument
1"Ns is the loca|code enforcement aLAI'mity responskfle for enforcing the regWations.
Your Options if am Owner Does Not Fix the Problems
|f Your landlord does not fix violations of the Housing Code in your,home'you may have some options as described below.
These are not your only options, but they are comrnon 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 eligibleforfree |ega| aid
services. Goto ,to find available options for free legal advice.To find additional inforniation on tenant. legal
rights and responsibilities, visit: or ma eu tocod orGo 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 horne that may be in violation of the Housing Code, YOU may also ask a Court in your area to order
your landlord tocorrect the problems.
To file a complaint, contact the Housing or District Court Clerk in your region. To find the closest I1VusingmrDistrict
Court goto or . These Courts deal with
cases about residential housing including eviction, property darnag$, 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 (K8.G.Lc. l11, s. 127A, C).
ondlor
Refund Rent You Have Paid:Yen 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 (-,an claim either 1) Breach nf Warranty @f
Habitability or2) Unfair arid Deceptive Practices /K8,G.L c 93A\, or both.
For both claims,you will need to prove that your horne had Housing Code violations, arid �hat the owner knew about the
violations and did riot fix them. Breach of Warranty can also be filed by the local health departnient.
Option 2: Withhold Rent Until Rep
_qirs are Made
If Your landlord does riot correct certoin housing code violations, you may be able to hold back sorne or all of your
rent payment Until they make repairs (M,G.I... 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 rnoney,you may be evicted. Kyou
withhold rent and your landlord tries to evict you from Your home, you will need to prove, at a rninin'lUrn, that:
• Thevio|at|onsmayendamgerorrnaterW0yimpair1hehea|Lh, safety, orweU-beingofaten@nt-'
• The rental property owner knew about the violations before you started withholding Your rent; arid
• You did not cause the violations.
Pp on 3. Make theAqpij�i�r _yourself
State |au/allows you to use your rent money to pay for certain repairs (M.G.L c. 111, s.127L), arid not pay that
amount in rent to your landlord. You cannot withhold more than 4 months' rent in a 12nrorith period to pay for
repairs. If you withhold sorne or all Your rent arid use it to make repairs and your landlord tries to evict you frorn
your home,You will need toprove:
• The local health department or Court determined that the violations rnay endanger or materially impair the
health, safety, mr well-being of residential tenant; z
• Tire landlord was issued an 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 did not complete repairs within 14 days after receiving the notice ofviolations,
if you meet certain conditions, you rnay 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. Go to ma Lrf
to find available options for free legal advice.
These are serious violations which include problerris such as not having hear, hot water, electricity or gas, or exiLs that are blocked.
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