HomeMy WebLinkAbout- Orders Letters and Photos - 99 BEVERLY STREET 10/5/2023 North Andover Health Department
Community and Ccanamic Development Division
NUliT14 .ANI)OVER BO RI::) OF HEALTH
ORDER To CORRECT
Issued under the provisions of 105 Cock, of Massachusetts l�elulations (C M,R) 410.000:
Mininnrnr `l awlnrcl.s of T'itness fnr I-lnrnan I1ralaifiltion, State Sanitary Code, Chapter II
Date: October 5, 2023
To Owner.
John McC.uirc
McGuiw Farttily`l"rust
).McGuire, &J. Lec `�l'rcrst�ees
97 Beverly Street
North Andover, MA 01845
U: 99 Beverly Street, North Anclovebr, MA 01845
Dear Owner:
I'ltc North Andover 1 Icaalt:h Department personnel conducted an aau.tl. orize(I inspection
of your prcal-rc�rty at the above referenced address crrt October 5, 2023 in response to a c w plea nt
filed with this Department. 9"lae inspection a°c,vcalccl violations of the Staatc. Sanitary
Chapter 11 as listed on the attached Violation Foratra.
You area hereby ORDF.^,RED to correct the violations within the tinte allotted on the
enclosed l�or n. Failtare to corrtply within the specified tirnew period will result in it fine of tip to
$500 per clay' in accordance e with 105 C:'MR 410.920 of they `~state Sanitary Code. "1":lacy fine will
continue to accrue cnrtil the scahjc�:.ct property is brat. ht into conapl�ianc"er with this Order to
Correct. Usuch clay or portion thereof wring which the violations continue shall ccanstitutcr a
sclratraatc ctffc arse.
You have the right to request a hearing before, the Board of l ec dth if you feel this Order
to Correct should be modified or withdrawn, A regUeSt for scaicl hearing nnast be made, in
writing and received by the Flectlth Department within seven (7) clays front receipt of this
Order. At said hearing you will be given an opportunity to be heaard and to present,witnesses
Failure to ('0111trly,with w�v order rssrarrcrpur,s'araw lay lhcprovi.coin � ol'105 G'r'4M 410.000shall upon co nvic°tioti be
firrnrl naaa lc^.�.k°rdta�rz�1f)C')�aarrr°raa�r•cr nd't�rr�.?ll(� f ��rd�/z elcr�"s°�°uilrrrc ors c crrralala"�sil6a srra r�rrla°r .�Pr�rl1 c°rrrr.r°lf�aT�€r�
Aped-we viohvicrrr U 05 ('All?410 0),
Page I of`
North Anclover Health l.)epaarttnent
1 )0 Main Street
North t"4rtcicaver, MA. 01845
and documentary evidence as to Nvliy this Order should be ntodified or withdrawn. All affected
parties will ]:)e informed of the clate, time and place of the hearing and of their right to inspect
I
and copy all records concerning the matter to be heard. You may be represented by ail
attorney. YoLj have as right to inspect and obtain copies of all relevant records concerning the
matter to be heard. Conditions tnily exist which will allow the occupant of the residence to
exercise legal rie IC f -
,hts outlined in the Notic,o (knipant's Legal and Responsibilities issued by
the Department of Public f iealtll '.0111111LInit Sanitation Prograrn (CSP).
If the clwellill�,; unit is vacant or beCorries vacant before the violations are corrected, the
dwelling unit cannot be re-rented or re-occupied prior to compliance and prior to all inspec.tion
by the North Andover 1--lealth Department in accordance with 105 CMR 410,660. Please call the
North Andover I lealth Department at (978) (i88-9540 for a re-inspection- A re-inspection
performed by the North Andover Health Department is required.
ff yOU have any +IeStiorlS, comments or concerns, f..)1eilse feel free to call me between the
hours of 8:00-4:30 oil Monday, Wednesday and Thursc-lay, 8:00-6:00 on 'Tuesday and 8:00-1.2:00
on Friday. Any questions regarding this matter can be answered through the North Andover
Flealth Depa 1,till en t.
`rhis is an important legal document. It may affect yqqj rights. You should have it translated.
Este es un docamento legal importante. 17S posible clue afecte sp.s derechos. f)eberia traducirb).
Este 6 urn documento legal importante. Fie pode afetar seus direitos. f.?aconsellidvel traduzi-
In.
............. ........
S111C, T`Clly,
6
Sharlene Pierce
North Andover Public Flealth Inspector
C(11:
Brian L..a(31rasse, North Andover Director of Public Health;
Board of I lealth;
Occupant;
File
")ent via:
CERTIFIT"D MAI I 7020-1-8 10-0901-1_79.0 7,(197-; and
First Class Mail
Page 2 elf"2
North Anclover I-lealth Department
120 Main Strcet
North Andover, MA W 845
Phone: 978,688.9540 Fax: 978.688.9542
North Andover Health Department
(ommunity Development Division
C)wI"I-I ANDOV I R BOARD OF HEALTTI
VIOLATION FORM
Mite: 10/5/`023 Tinie: 10:00A LI()II Inspector: Slaanene Pierce
Address: 99 Beverly `street, North Andover, MA 01845
.. _ _. _. _ _. .......
Regulation Description Tinieft-ame to
]05 ("Mil Comply
410.550 Evidence ot`small insects, possibly mites observed ar°trcrrad ,21 days
electrical oratletNand where the trrla raaeets the floor in bathro:aorn.
410.500 Ceiling cxl)osed in bathroom. Ceiling in bathroom rrn.►st be smooth 21 days
and cleanable,
..........__ ......... .__ _..... _..... _ . ...... . ...... _... »
410.500 Right side wall exposed in bathroom. All Nvalls in bathroorra rnrxst 71 days
be smooth and cleanable.
410.500 Cover missing from light switch and outlet in txlthror:m. 7 days
410.235 light shield missing from light brrlb above bathroom vanity. 7 days
41 O) 500 (.°crarl ing and grout in disrepair throUglaont shower/tub. 21 clays
Violations noted meet the conditions cat` 105 C MR 410.630 (A) Condition 1.)eenied to landanger or
Materially lnrapair I lealth or Satety and :a god 146th effort must be, made to correct within 24 laor.trs Of
service.
This inspection report is signed and certified gander the pains and penalties ot`pegury..
Inspectors Signature* a � f ..YM:.,. � °' I.)ate: 10/5/2'1
�w
„, 'tom.
Pafe, ] of].
North Andover I lealth t)epartment
120 plain `street
North Andover, MA 01845
Phone: 978.61111.9540 Fax: 978.E .8476
'Fhe Commonwealth of Massachusetts
Depamtmeni of Public Health
u,p Nofice (��)f Occupants' LeL�al Rialits and Responsibilities
This document summarizes some of the legal options that you may have when the owner of a property you live inhas
not fixed certain problems im your home, as required bvthe state Housing Code /105 CKMR41O.UOO\.jhis is n_gt legal
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 meet iiiinirnuni standards to protect the health, safety, and well-being of occupants.
The Housing Code, MininunnStondnrosof/itnessfbrHurnonHob//oCion (State Son/Az/y[bde., Chopte///),
is the state regulation that sets these minimurn standards, "T'he M�ssachUsetts Department of Public Health, Bureau of
Envirmnmenta| Hee|th'a (CSP) issues this regulation, but the standards are enforced bylocal
health departrrients.' 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 tn Keep Your House Safe and Healthy
TheHouslng Code also has requirements that people living in rented homesor apartments need tomeet. There are sortie
problerns like pests, mold, and keeping exits clear, that might need the owners arid 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 orkeep
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 issomething that you need 1q fix.The local health
department rnay issue you an order to correct and give you a certain an1OUnt of time to fix the problern.
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 horrie arid will order Your landlord to fix any
violations of the HOUSing Code, You can find coritact information for your local health department by calling your city or
town hall or visiting theirm/eb$ite. City/town vvebsbes 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.Lc.18G, s.18 and c.2S9, s.2A).
Your Right toaHearing
You may ask for a hearing in front of your local Board of Health. You must do tNs in writing arid within the tirnefranies
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 dn not make a written request within the tinmefrarnes below,you lose the right Lo a hearing.The chart below shows
the reasons you may request a hearing, arid the timefrarne You have to send the request.
Your horre was not 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 lrispector,did not 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 on your cornplaint (105
CMR 410.840). If You do riot agree with the decision, or at any point throughout the process,You can file an appeal in
hvusingcourt.
I Depending on your city or town,this may also be called a Local Board of Health(BOH), Local Flealth ALIthOl ity,w Inspectional Services Departrnent.
I his,b the local code onforcernerit authority responsible for enforcing the regulations.
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Your Options han Owner Does Not Fix the Problems
if your landlord does not fix violations of the Housing Code in your horne, you may have some options as described below,
Tbeseanen0tyomromlyoptimns, butiheyarecumrmomactimmJthattenantstahcinthesesitua1|mns. Beforetahiog|ega|
action, contact an attorneyto protect yourself. if you cannot afford art attorney,you may be eligible for free legal aid
services. GmTo to find fr
ee
riQhts and responsibilities, visit: or
pp
.1iton 1: Go to Court
If your landlord does riot fix the probIenis that the local health departnient ordered thern to fix,or if:you believe there
are problems in your horne that may be in violation of the Housing Code,you rnay also ask a court in your area to order
Your landlord &o correct the pnob|enns.
To file a complaint, contact the Housing or District Court Clerk in Your region. To find the closest Housing Or District
Court gotoff
o courts
cases about residential housing including eviction, property damage, arid 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 theProblem: uorthe |oca| healthdepartmentmayfi}eape1|tioninHousiogorDistrictCuurLtoorderthe
owner bo fix the violations of the Housing Code /M.G.Lc. 111, s. lJ7/, C>.
anuyor
Refund Rent You Have Paid:You can file a complaint requesting 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 or2l Unfair arid Deceptive Practices (M.G.-. c. 93A), or both.
For both claims, You will need to prove that your horne had Housing Code violations, and that the owner knew about the
violations arid did not fix thern. Breach of Warranty can also be filed by the local health department.
O_pA�iq.n_,2:..With hold Rent Untj.11Rqp.a.irs_.ar.e.Made
If your landlord does not correct certain housing code violations, you may be able to hold back some or all Of Your
rent payment until they ruake 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 arid you don't have this rnoney,you rnay be evicted, If you
withhold rent arid Your landlord tries to evict YOU frorn your home, YOU Will need to prove, at a minirnUm, that:
• The violations mey endangerormaterially innpairthe health, safety, or,well-being of tenaut;z
• Then8ntaiprVpertyovvnerknewaboutthevio|ationsbefmreyousiarLedvvithho|dingyourrentand
• You did not cause the violations.
State law allows you to use your rent rnoney to pay for certain repairs (M.G.L.c. 111, s.127L), and riot pay that
arnount in rent to your landlord. You cannot withhold rnore than 4 months' rent in a '12--month period to pay for
repairs. |f you withhold some or all your rent arid use it1omakerepairs 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 nfa residential tenant; z
• The landlord was issued art Order to Correct those violations; arid
• The owner did not start the repairs (or to sign a contract for work) within 5 days after getting the Order
arid did not complete repairs within 14 days after receiving the notice of violations.
If You meet certain conditions,you rnay 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. Goto o0ndavaUab|eoodonsfor free legal advice.
These 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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