HomeMy WebLinkAbout- Orders Letters and Photos - 29A BALDWIN STREET 10/4/2023 IN
an ry
North Andover Health Department
Community and Economic Development Division
NORTH ANDOVER BOARD OF HEALTH
ORDER TO CORRECT
Issued under the previsions of 105 Code of Massachusetts Regulations (CMR) 41.0.000:
Minirnnrrt Sta uittrds o f 1'iha ss fiW l4ntraran iftrhifation, State Sanitai�f C'ode, Clttrfater II
Date: October 4,2023
To Owner:
David t.ynch
North An.dover 1--lousing Authority
310 Careen Street
North Andover, MA
01845
I'.Is: 29A Baldwin Street, North Andover, MA 01845
Dear Owner:
The North Andover Hexalt:h. Department personnel conducted an authorized inspection
of your property at the above referenced address on October 2, 2023 in response to a complaint
filed with this Department. "l'he inspection revealed violations of the State Sanitary Code,
Chapter It as listed on the attached.Violation Form.
You are hereby ORDERED to correct the violations within the time allotted on the
enclosed form. Failure to comply within the specified time period will result in a fine of r:rp to
$500 per clay' in accordance with 105 CMR 410.920 of the State Sanitary Code. fI`he fine will.
continue to accrue until the subject property is brought into compliance with this Order to
Correct. Each clay or portion thereof during; which the violations continue shall constitute a
separate offense.
You have the right to request a hearing;before, the Board of 1 lealth if you feel this Order
to Correct should be modified or withdrawn. A request for said hearing;Must be made in
writing;and received by the I-Iealth Department within seven (7) clays from receipt of this
Order. At said hearing;you will be given an opportunity to be heard and to present witnesses
Failrrre to cornlaly with rang order to the l rovisions ol'10.5 CMR 410.000sh all upon conviction he
fi
rxecl not less than$i0.00 troy tnorcr thcxn,,S500. 1'�zc.h hx� "s„fuifure to c<�rrnl�aly wrth�xn car^rla r shalt corm titzrtc� rx
Aquirute violation('105("AIR 410.920).
Page 1 of 2
North Andover Ilealth Department,
120 Main `street
North Andover, MA 01845
Phone: 97 .68 .9540 Fax: 978.68 .9542.
and documentary evidence as to why this Order should be modified or withdrawn. All affected
parties will be informed of the date, time and place of the hearing and of their right to inspect
and copy all records concerning the matter to be heard. You may be represented by an
attorney. You have a right to inspect and obtaiti copies of all.relevant records concerning the
matter to be heard. Conditions may exist which will allow the occupant of the residence to
exercise legal rights Outlined in the Notice of Occupant's Legal Rights atid Resporisibilities issued by
the Department of Public 1--lealtli Commiu-Lity Sanitation Program (CSP).
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 Andover 1--'lealth Departri-tent in accordance with l 05 CMR 410,660. Please call the
North Andover Health DepartrnenL at (978) 688-9540 for a re-inspection. A re-inspection
perf on-ned by the North Andover Health Department is required.
If you. have any questions, comments or concerns,please feel free to call me between the
hours of 8:00-4:30 on Monday, Wednesday and Thursday,8:00-6:00 onTuesday and 8:00-12:00
on Friday. Any questions regarding this matter caii be answered through the North Andover
Health Department.
This is an important legal document. It may affect your rights. You should have it translated.
Este es,un documento legal importante. Es posible que af ecte sus derechos. Deberia traducirlo.
Este 6 urn documento legal importante. Zile pole af etar se-us direitos. E aconselhdvel traduzi-
lo.
Sincerely,
Shanene Pierce
North Andover Public health Inspector
Brian LaGrasse, North Andover Director of Public Health;
Board of Health;
Occupant;
File
Sent via:
CERTIFIED MAIL# 70201810 0001 -1796 7394 , sand
First Class Mail
I)age 2 of`2
North Andover I lealth Depailtneiit
120 Maiti Street
North Andover, MA 01845
Photie: 978.688.9540 Fax: 978.688.9542
--- -------- ----------------
r
North Andover Health Department
Community Development Division
NORTH ANDOVER BOARD OF HEALTH
VIOLATION FORM
Date: f 0/2/2023 Time: 10:00AM 130I1 :Inspector: Shanene fierce
Address: 29A Baldwin `street,North Andover, MA 01845
Regulation Timef`rame to
105 C"MR Description Comply
Evidence of rodent activity observed in toy storage bins, on living
410.550 room floor near walls, behind stove, and on floor along wall in 30 clays
kitchen.
Gap observed under door leading from living room into basement,
410.500 providing possible entry/travel of"rodents. Weatherstripping that is 30 days
installed is warped and no longer eliminates that gap. Clap is most
visible from inside basement.
410.500 Gaps observed around pipes where pipes enter lent side cabinetry, 30 clays
uncles kitchen sink.
41.0.500 Spray foam around one pipe under kitchen sink has deteriorated. 30 days
Spray foam that had been applied in kitchen near exterior door has
410.500 been chewed through and no longer prevents entry/travel of 30 clays
rodents.
410.2 70', Lock missing from living room door leading into basement. 24 hours
Occupant reported that a pest control company had been out to treat the property
Note: recently. Foam had been used to seal up entry points in the kitchen area and bait boxes
were observed in basement. Please send last 6 months of pest control report to
s pierccr4 ?roc- iatido\,ei-ma. gc)v.
1w. .— __ g_........._
Violations noted meet the conditions of 105 ("MR 41.0.630 (A) Condition 1)eerned to Endanger or
Materially Impair Ilealt:h or Safety and a good faith effort must be made to correct within 24 hours of
service.
Page l of 2
North Andover 1--lealth Department
120 Main Street
North Andover, MA 01845
'hone: 978.6 .9540 1`ax. 978.68 .8476
This inspection report is signed and certified under the satins and penalties crt'pet-jt.rry.
Inspectors Signature: ep e Date: 10/2/2.3
ortla Andover Health Dela:rrtrnent
120 Main Street
North A ndover, NI A ()184
The Commonwealth of Massachusetts
Department ofNmuyvlielleaDth
N ot'ice of Occupants' Legal .Rights and Responsibilities
W up",
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, aarequired by the state Housing Code (1O5 [K8R41O.0OD).
advice. Talk to an attorney before you decide to withhold your rent or take other action described here.
Safe and Healthy Rental Housing:
11ental VIOUsing in Massachusetts must meet rninirnum standards to protect the health, safety, and well-being Of OCCUparits,
'The Housing Code, Mir)011877 Standords of Fitness for Human i-labitation (State Sarritary Code, Chapter
is the state regulation that sets these minimum standards. The Massa ohusettS 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 information, please see .
Your Responsibility 10 Keep Your House Safe and Healthy
The HOUSiug Code also has requirements that people living in rented hornes or apartments need to rneet.There are some
problems like pests, mold, and keeping exits clear,that might need the Owners arid 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
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 or-der to correct and give You a certain arriount of time to fix the problern.
Your Right to Safe and Healthy Housing and Protection from Retaliation
If you think that conditions irl Your home are unsafe or unsanitary arid may violate the Housing Code, you should contact
your local health department.'They will conriuct free inspections of your home arid will order Your landlord to fix any
violations of the Housing Code, You can find contact inforination for your local health department by calling Your city or
town hall or-visiting their m/ebs(te. Ot«/tovvnvxebsitea are listed at: .
Your landlord is riot allowed to raise Your rent or,try tnevict You just because you have made a complaint tothemor1a
the local health department about the violations. This is called retaliation, and YOU may be able to sue the landlord for
damagesif this happens /K8.G.L. c.185, s.18 arid c.239, s.2A\.
Your Right toaHearing
Youmayaskforahearimginfrontofyour |oca| BoardofHea|th. Yuuruustdothisinvvr|tingamdvvithinthebmeframes
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 to a hearing.The chart below shows
the, reasons You may request a hearing, arid the timefrarne 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 riot 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 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 Orl Your complaint (105
CIVIR 410.840). If you do riot 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 ciffled a Local Board of Health(130H), Local Health Authority,or Inspectiorral Services Department.
I his is the local code enforcement authority responsible for enforcing Lhe regLflations.
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Your Options if an Owner Does Not Fix the Problems
|f your landlord does not fix violations mf the Housing Code in your home, You rmayhave some options as described below.
These are not Your only options, but they are conirrion actions that tenants take in these SMiations. Befbr'e taking legal
action, contact an attorney to protect yourself. |t you cannot afford an attorney, you may be eligible for free legal aid
services. Goto rnassIrf.orto find available options for free legal advice.To find additional information on tenant legal
rights and responsibilities,visit: or PRILon I,:Go to Court
If your landlord does not fix the problerns that the local health department ordered thern to fix, or if You believe there
are problerns in Your home that rnay be in violation of the Housing Code, you may also ask a COUrt it]Your area to order
your landlord to correct the problems.
To file a complaint, contact the Housing or District Court Clerk in your region.To find the closest HmxsingorDistrict
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 contact Court Service Centers at .
You call 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.Lc. 111, s. 127A, C).
ond/or
Refund Rent You Have Paid: You can file acomp|aintrequesting that your landlord pay back all mr 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 (K8.G.L. c. 93A), or both.
For both claims,you will need to prove that YOUr home had H0LJSiog Code violations, arid that the owner knew about the
violations and did not fix them. Breach of Warranty can also be filed by the local health department.
Pp1Liqn 2:Withhold Rent Until R:ppqirs are Made
|f Your landlord does not correct ce/to/mhousing code violations, you may be able to hold back some or all mfyour
rent payrnent 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 dont have this money, you may be evicted, If you
withhold rent and your landlord tries to evict you from your home, You Will need to prove, at a rninir'nurn, that:
• 'The violations may endanger or materially impair the health, safety, or well-being ofa terra nt;z
• The rental property owner knew about the violations before you started withholding your rent; and
• You did riot cause the violations.
State law allows you to use Your rent money to pay for certain repairs (M.G,L c. 111, s.1,271-), and riot pay that
amount in rent to your landlord. You cannot withhold rnore than 4 rnonths' rent in a 12--month period to pay for
repairs. If YOU withhold some or all Your rent and use it to rnake repairs and your landlord tries to evict you from
your honue,YOU will need toprove:
• The local health department or court detertnined that the violations may encianger or materially inipair the
health, safety, or well-being of residential tenant; z
• The landlord was issued art Order tm 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
anddidnmtcnmp|eterepair$wi1bin14daysafterrece|vingthenoticeofvio|ations.
If YOU rneet certain conditions,You May be able to end your lease or, rental agreement arid rilove 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. Gmtomass|rf.
gLrgLtu #nd available options for free legal advice.
zThesearesur(ousvioiationswvhichinc|u6eprmblemsswchaanotha*inghaathotvvotev, e|ectricityorgas,urexitstbatareb|ocked.
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