HomeMy WebLinkAbout- Orders Letters and Photos - 290 SUTTON STREET B 11/2/2023 North Andover Health Department
Community and E(onomir Development Division
NORTH ANDOVER BOARD Ot^HEALTH
ORDER TO CORRECT
Issued under the provisions of '.105 Code of Massachusetts Regulations ( _MR) 410.000:
Minintuni Standards of Fiffiess err 11tontan Habitation, State Sanitary Coder, C llaapht r 11
Date: November 2, 2025
To Owner:
Nicole Edgecomb
290 Sutton Street, Unit B
North Andover, MA 01.845
RE: 290 Sutton ``street, Unit B, North Andover, MA 01845
Dear Owner:
':M"he North An lover Health Department Personnel conducted an authorized inspection.
of your property at the above referenced address on. November- l.It, 2023 in response to a.
complaint filed with this Department. ' `he inspection revealed violations of the ;State} Sanitary
Cade, Chapter 11 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 tip to
$ 00 per days! in accordance with 105 CMR 410.920 of the Mate Sanitary Code. °nce fine will
c:ontinu.e to accrue u;n:til 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.
Yen have the right to request a hearing before the Board of 1lealth if you feel this Order
to Correct should be modified or withdrawn. A request for said hearing niust be made in
writing and received by the health Department within seven(7) days from receipt of this
Order. At said hearing you will be given an opportunity to be heard and to present witnesses
and documentary evidence as to why this Order shottld be modified or withdr:4;awn. All affected
parties will be informed of the date, time and place of the hearing and of their right to inspect
' Failure to coin plyr with ear.y order ixs°aaedpurs°uant to theprovisions cr1'105 CAIR 4W 000 shall tq)orr conviction be
{ia�ecl rzrrt Errs°s t/rcar�,�'1�.(7(1 r°tr�r°rra�rrc=thcxra�`5(111. E�"czK;1Z cEc�ry M~faifrarc;^t�j c��rna/aR�� witdr crrz cxrslear s•OrrzCP. c°crr°astr`tztte cx
separate violation(/05 CMR 41Oi 920).
Page l oi'2
North Andover Health l;)e:partment
120 Main Street
North Andover,, MA 01845
Phone: 978.688.9540 Fax: 97 .6 .9542
and.copy all records concerning the matter to be heard. You may be represented by an
attorney. You have a right to inspect and obtain copies of all relevant records concerning the
iliatter to be heard. Conditions may exist which will allow the occupant of the residence to
exercise legal rights outlined in the Notice of0cctipant's 1,egal Rights and Responsibilities issued by
the Department of Public Health Community Sanitation Program (CSP).
If the dwelling unit is vacant or becom(-."s vacant before the violations are corrected, the
dwelling-unit cannot be re-rented or re-occupied prior tc)compliance and prior to all inspection
by the North Andover f-lea]th Department in accordance with 105 CM R 410.660. Please call they
North Andover Health Departui.ent at (978) 688-9540 for as re-illspection. A re-inspection
performed by the North Andover Health Department is required.
If you have any qm,�stions, comments or concerns,please feel free to call me between the
hours of 8:()0-4:3(.)oil Monday, Wednesday and Thursday,8:00-6:00 on Tuesday and 8:00-12:00
on Friday. Any questions regarding this matter can be answered through the North Andover
Health Department.
':'his is an important legal document. It may affect your rights. You should have it translated.
Este is un documento legal huportante. Es posi ble que af ecte sus derechos. Deberia traducirlo.
Este C- urn documento legal importante. Ele pode afetar seRs direitos. E aconselhdvel traduzi-
10.
Sincerely,
SIlanene Pierce
North Andover Public health Inspector
CC:
Brian I-aGrasse, North Andover Director of Public Health;
Board of Health;
Fire;
Building;
'y
Occupant;
File
Sent via:
CERTIFIED MAIL,470201,810 0001 1796 7363; and
First Class Mail
Page 2 of'2
North Andover Health Departryient
120 Main Street
North .Andover, MA 0 1845
Phone: 978.688.9540 Fax: 978.688.9542
11W
North Andover Health Department
Community Development Division
NOR,r1-I ANDOVER BOARD OF HEALTH
VIOLATION 1�011M
I:)«ate: 11/1/ 3 "I'iGmc: :3:;1t1 l'V1 B( If Inspector: `�haanene Piet
A dd ess: 290 Sutton Street, Unit 13, North Andover, MA 01 45
Regulation Timctra► a to
10 CI�/I1t I:)escrilatitau Comply
Tern in left rear hedr°oorn nleast;ared 0 3. 1, fcrnperature in
410.1801, living room (used as a bedroom) nTaeasured .at 64°'1`. Ambient 24 hours
tc:;ra:al etUture III U: t mcc,t 6 '1:
Multiple iterns observed piled on and stored in front of radiators
41 tf.2 � throughout the dwelling unit. °1'his presents as ;a potential lire 241 hours
hazard.
410) 550 bruit flies observed in unit. 21 days
Accumulration of rnold observed on bathroom ceiling. `some, paint
41t:000 also observed peeling can bathroorn ceiling. `3urf4aces must be, 21 days
smooth and cleanable.
l;lpon arrival for inspection, thermostat was observed set at 691'. Surf'ace temperatures of
radiators recorded between 130-141 T. flot water Born bat.hxoorn sink measured at.
Comments: 110.1 ' Very minimal odors detected in baserrrent from previous night. J'lac: outside, fill
pipe, liar the oil tank was observed covered with plastic and zip tied. 'I`lae r:tutsidc
ventilation pipe; firr (lie rail tank was observed marked with a reel yip tire.
---
litions of 105 C lv R 410.63tf (A) Condition
V iolaations r�otecl meet t.lre corac' ( ) .�onditiora f)er tncd to l.�dracfaraf er or
Materially Impair I lealth or ,Sale,ty and a good frith ef`fiart must be made to correct within 24 hours of
service,
'this inspection report is signed and certified tinder the pains ;.and penalties of perjury.
I.nsFacxetc►rs Signature:
s '"
I)�atc�: l l f l f2:3
Page 1 of`I
North Andover fleralth Department
120 Main Street.
North Andover, MA 01845
Phone: 978.688.c1: 4() 1°°"a : 97 .688, 476
The Coin monwealth of Massachusetts
Department of Public Health
Notice of Occuluints' 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,as required by the state Housing Code(105 CMR 410.000).This is not.Igga!
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 nlUst meet minimum standards to protect the health, safety, and well-being Of Occupants.
The Housing Code, 105 CMR 410-000, Minimurn Standards of Fitness for Hurnon Habitotion(State Sonitary Code Chapter 11),
is the state regulation that sets these minimum standards, The Massachusetts Department of Public Health, Bureau Of
Environmental Healths Cornrnum SaqitatioQ Pr ram (CSF) issues this regulation, but the standards are enforced by local
.m ty— —
health departments. ' CSP works with local health departments and the public to provide training and technical assistance
about the Housing Code, For more information, please see rTiass.pov/lists/hOL Si�')P-,COrl)lnu litv.�sanitat6on.
Your Responsibility to Keep Your House Safe and Healthy
The Housing Code also has requirements that people living in rented homes or apartments need to meet. "I"here are some
problems like pests, mold,and keeping exits clear,that might need the owners and 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. If the local health department is doing all 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 all 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 ill Your home are unsafe or unsanitary and may violate tile 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 or visiting their website. City/town websites are listed at:MAs�List F-cit -and-town-we brit es.
_�lmassachusetts2:___y_-,,—..—..,—
Your landlord is not allowed to raise your rent or try to evict You just because you have made a complaint to thorn 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.61. c.186, s.18 and c.239, s.2A).
Your Right to a Hearing
You may ask for a hearing in front of your local Board of Health. You must do this in writing and within the tirnefrarnes
below. if you send a written request on time 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, and the timeframe you have to send the request.
71 5 Ph I
F
N �AW
P,MEN'
Your home was not inspected 30 days frown 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 not 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
................ I.......
Within five days after the hearing,the local health department is reqUired to issue a final decision on your complaint(1,05
CMR 410.840). If You do not agree with the decision, or at any point throughout the process,you can file all appeal in
housing court.
Depending on your city or town,v)is may also be called a Local Board of Heaith(130H), Local Health Authority,w Inspectional Services Department.
This is the local code enforcen'ient author ity responsible for enforcing the regulations.
May 2023
Your Options|fan Owner Does Not Fix the Problems
|f Your-landlord does riot 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 common 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 eligible for free legal aid
services. Gutu1jiLa3s61f.o[g_tu find available options for free legal advice.To find additional informatiunmn tenant legal
rights and responsibilities,visit: orl deu tocode.org.
If your landlord does not fix the problems that the local health department ordered them to fix,or if you believe there
are problems in your home that may be it)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 in your region, To find the closest Housing or District
Court 8uto or, .These courts deal with
cases about residential housing including eviction, property clarnage, and Housing Code enforcement. For help filing a
complaint,you can contact Court Service Centers a1 .
You can reqwestthat 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.Gl. c111,s. 127A, C).
onoln,
Refund Rent You Have Paid:You can file a complaint requesting that your landlord pay back all or part mf the rent
you paid during the time that there were Housing Code violations.YOU can r|o|m either 1.) Breach of Warranty of
Habitability ur2) Unfair and Deceptive Practices (M.G.L c.93A), or both.
For both c|aims,you will need to prove that Your home had Housing Code violations, and that the owner knew about tile
violations and did riot fix them. Breach of Warranty can also be filed by the local health department.
Qption 2:Withhold Rent Until Rgpq:irsare Made
If your landlord does not correct certoin housing code violations,you may 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 money you withhold. A judge may
require YOU to pay all or some 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 minimum,that:
• The violations may endanger or materially impair the health,safety, or well-being of a tenant;'
• Tire 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.GA.c. 111, s.127L), and not pay that
amount in rent to your landlord. YOU cannot withhold more than 4 months' rent in a 12-nionth period to pay for
repairs. If you withhold sorne or all your rent and 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 may endanger or materially impair the
health, safety, mr well-being ofa residential tenant;z
• The landlord was issued an Order 10 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 of violations,
Qp.tJq!1A: End
If YOU r-neet certain conditions,you r-nay 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 rnassIrf.o[ to find available options for free legal advice.
These are serious violations which include problems such as riot having hear, hot water,electricity or gas,or exits that aro blocked.
May2023