HomeMy WebLinkAbout- Orders Letters and Photos - 12 ROYAL CREST DRIVE 11 12/6/2023 i
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North Andover Health Department
Community and Economic Development Division
NORTH~i A.NDOVER BOARD OF II:E.r" LTt1T
(:)11ZDER"E O CORRECT
Issued under tlace provisions of"105 Code of Massachusetts f oq,L nations (C:;;MR) 410.000:
'linialu-ra Staatulrards of Fitnaess f rr l fr-arrrrtn Ftaabitaxtion, Stale Scanitrai�y (.ode, (arapter,11
Dater; D eccenibeer 6, 2023
l'ta Owner:
A IMC O/l 1'A MSr2 35
`1."hrcece Gal:lceria Towcer
13155 Nool Rod,Ste "1001...13235
1)�lllars, °l' 75240-5090
1`04; 12 Loyal (.::reast l)rivice, Urrit IL North Ancloveer, M.A.01845
Dear Owner:
"11he North Andover Health Deepaartnacent p ersotancel conducted an authorized inspection
of your property at the above referenced 4a.ciclrcxss on I:)cec.'enalacer 6, 2023 in response to a.
complaint filed with this Department, t"lace inspection revealed violations of the State Sanitary
C:cact.ce, Chapter If as listed oil t e attached Violation Form.
You are hereby (:)lil:)tsltED to correct the violations within the time allotted on the
enclosed form, Failure to c:.ctrrtlaly within the specified tirn.ee period will result in a fi;nc} of up to
$500 per clay' in aaovordancce with 105 C:NIR 410.920 of the State Sanitary Code. 'l""hce fine will
continue to accrue until the subject property is brought into compliance with this Order to
Correct, l7aclra. clay or portion thereof during which Lhe violations contin cr.0 shall constitute t e a.
separate, offense.
You haver the right to request a hearing before, the Board of l-lcealth if You,feel this Order
to Correct should be modified or withdrmvrr. A request for said hearing must be raaacice in,
writing and received by the Health D epartui ent within seven (7) days from receipt of this
Order. At saai.ct hearing you will be given can opportutaity to be heard and to present witncessces
and docu.nacentarrry evidence as to vvhy this Orderer should be n`ac.acti.ficecl or withdrawn. All affected
w Failure to c"a triplywith aagv order issrea"c1pur•sua;ant to the provisions q /05(AIR elf fr.000 shall upon conviction be
iracea'l rzart 1 .°,°tda zra 1C1,(lP)rr,rr rrarrr a tlraaww Y. (1(l. d"Wh day°s fiiilur e to carrnpy vw ilh an or der° hall constitute a
set:raxraale vlrrlarflon(105 l:'tt41c 10..920).
Page l of 2
North Andover Ileaalth Department
120 Main Street
North Andover, MA 01845
Phone: 97 .G .ct 40 lax: 978,688.9542
parties will be inforined of the(late, tinny and place of the llearirq,,�and of their right to inspect
and copy all records Concerning the-matter to be heard. You may be represented by all
attorney. You have a right to inspect and obtain c,opies 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 ou dined in the Notice(�!f Occtipant's legal Rights and Responsibilities issued by
the f)epartinent of Public Health Community Sanitation Program (C',-5)F).
If the dwcdling unit is vacant or becomes vacant before the violations are corrected, the
dwelling unit cannot be re-rented or reoccu pied prior to compliance and prior to an inspection
by the North AndoverIlealth Department inaccordance with"105CMIZ41(I,660. Please call the
North Anclover I lealth Departirient at (978) 688-9540 for a re-inspection. A re-inspection
performed by the North Andover Health Department is required.
If you have any questions, comnlents or concerns, please feet free 1,C) Call me between the
hours of 8:00-4:30 on'Mo.nday, Wednesday and I"hursday, 8:00-6:00 on'Tuesday and 8:00-12:00
on, Friday, Any questions regarding this inatter can be answered ffirough the North Andover
I lealth Department.
.............
This is an important legal (JOCLUnent. It may affect your rights. You should have it translated.
Este es on docurnento legal irnportante. Es posible que afecte slis, derechos. Deberia traducirlo.
Este um docuniento legal iniportante. Ile pole afetar seus, direitos. f.ac(mselhivel traduzi-
lo.
.............
S la
anene Pi rce
North Andover Public Health Inspector
CC:
Briar) LaGrasse, North Aridover Director of Public Health;
Fire Department;
Board of I k!alth;
'Maria DiGiiacomo, Cornmunity Manager of Royal.Crest 17,states North Andover,
50 Royal rest Drive,North Andover, MA 01845 URTIFIET.) MAIL #7020 1810 00011796 7219.
Occupant; imd
File
Sent via:
CER71.71HEI) MAIL It 7020 1810 00011796.... )7202- and
.........
l,irst Class Mail
Page 2 of`2
North Andover Health Department
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Pax: 978.688.9542
A
y
North Andover Health Department
Community Development Division
NORTIi A:P'DOVER BOARD OF fUALTH
VIOLATION FORM,
i)a►te: 12/6/23 Time: 9:15 AN1 BOO Inspector: Shatiene Pierce
Address: 1.2 Royal Crest l:)rive, Unit 11, North Andover, MA 01845
Regulation Timeframe to
105 CMI2 I)esc.riptaran C oniply
(,;aarpe,t rnissing :From at least '; dif`terent stair treads in the common
410.51.10" area hallways, Carpet Padding material is still can some of the 24 hours
treads, creating an aan.even su:rl ace and a potential tripping hazard.
1:i,vidence of ebronic dampness in rear common area hall ay. Wal.1
41.0.500 1 paper has bubbled at seaans ofwall. Sorne w alI harper is either 2.1 clays
missing or peeling.
41 .270", Egress door in rear cornrnaan area not self-closing and sell`-lacking. 24 hours
41U00 Wood threshold in kitchen is in disrepair and is no longer smooth 21 clays
and, cleanable.
---------------
410.235 1nsulation/debris appears to be stuck in ceitin.g vent in kitchen. 1.4 clays
410.270* Class slider door lock: Nvould not latch din-ing inspection. 24 hours
410 235 One light out and one other light flickering in interior hallway of 14 days
unit.
... ...... __ _
Wall paper peeking from wall above toilet in guest hath.rc orn. Area �
41.C1. C1(�) is not watertight, smooth, or cleanable.
`:l days
410.500 l)c:ors is cracked aabove, and below latch in guest bathroom. 21 clays
t'age, I of 2
North Landover I-lealth Department
120 Main Street
North Andover, MA 01845
Phone: 978. 8 .9540 Fax: ' 78.688.8476
C.'aaa.alking between taab and wall is starting I crack and is no longer
4tU35 smooth and cleanable, csgaecially in corner near tub lancet in g Uest: 21 days
bathroom.
410.235 One of'the vanity lights is out in the master baatlrocnn. 14 clays
410.235 Ceiling light is out in the master bathroom. 1.4 clays
410.235 Bottom ofmirror trim detached from mirror it) master bathroom. 14 days
410.235 Sur face of vanity light fixture is rusted and not cleanable in master
bathroom
clays
410.235 Surllace of shower caartain read is rusted and no longer cleanable in
master bathrooan. 14 clays
410.235 Shower drain cover is not secured in master bathroom. 14 clays
410.235 Shower Faucet shroud not secured to wall in anastea.°bathroom. 14 daays
41.0.235 Towel rack is not see nred and falls of `eaasily from wall mount in
master bathroom. 14 clays
41.0.235 Mold in/can caulking around door frame in master bath.rooan. 14 days
410.500 Window does close properly in master bedroom, 14 days
_ ......
Violations noted meet the, conditions of. 105 C.:MR 410.630 f A.) Condition Deemed to l.,aadang er or
Materially Impair health or Safety and a good faith effort anaast be made to correct within 24 hours of
service.
,[..'his inspection report is signed and certified under the pains and penalties of`gaer.jury,
Inspectors Signature: � Date: 12/6/23
G . w :..
Page 2 of 2
North Andover Health Department
120 plain Street
North Andover, MA 01845
Phone: 97 .C"88.9540 Fax: 9713.688. 476
The Commonwealth of Massachusetts
Department of Public
Notice of Occupants' .Legal Rialits and Responsibilities
This document summarizes some nf the legal options that you may have when the owner ofa property you live in has
not fixed certain problems im your home,as required by the state Housing Co6e(1U5 CIVIR41O.0OO).Ihis is not Iq�t
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 minimum standards to protect the health,safety, and well-being of occupants.
The Housing Code, 105 CIVIR 410.000, Minimum Standards of Fitnessfor Human Habitation (State Sanitary Code, Chapter 11),
is the state regulation that sets these minimumn standards.The ��asaachusetLsDepartment nf Public Health, Bureau wf
Environmental ea
�n ir � | Health's s ([6P) issues this regulation, but the standards are enforced bylocal
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 tm Keep Your House Safe and Healthy
The Housing Code also has requirements that people living in rented homes or apartments need to meet,There are some
problems like pests, mold, and keeping exits clear,that might need the owners and Occupants to work together to fix the
problem, For exam pie, 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 wrfor
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 order to correct and give you a certain amount of time to fix the problem.
Your Right tu 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 or visiting their vvebsite. City/town webs|tes are listed at:
Your landlord |s not allowed to raise your rent or try to evict you just because you have made a complaint to thern or to
the local health department about the violations.This i's called retaliation, and you may be able to sue the landlord for
damages if this happens (M.G.Lc.18G, s.18 and c2]9,s.2A).
Your Right toaHearing
You may ask for a hearing in front of your local Board of Health.You Must do this in writing and within the timeframes
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 toa hearing.The chart below shows
the reasons you may request a hearing,and the timeframe you have to send the request,
Your home 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 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
Wit hinAwe days after thehea ring,the |ocm| hea|thdepartment |snequi red toiasueaOno|decisiononyuur corn p|a|nt(1O5
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.
Depending on your city or town,this may also be called a Local Board of Health(BOH),Local Health Authority,or Inspectional Set-vices Department,
This is the local code enforcement authority responsible for enforcing the regulations.
May2O23
Your Options ifan Owner Does Not Fix the Problems
If Your landlord does not fix violations of the Housing Code in your home,you may have sume 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, |f you cannot afford an attorney,you may 6e eligible for free legal aid
services. Go to wfind available options for free legal advice.To find additional information omtenant legal
rights and responsibilities,visit: or madeupt codeorg.
Option 1: Go to Court
If your lancl�orcl 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 in violation of the Housing Code,you r-nay also ask a court in your area to order
your landlord tu correct the pnob|ema.
To file a complaint, contact the Housing or District Court Clerk in your region.To find the closest Housing or District
Court 0mto or These courts deal vvith
cases about residential housing including eviction, property clarnage, and Housing Code enforcement. For help filing a
complaint,you can contact Court Service Centers at
You can request that the court arderthe 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.Gl. c111,s. 127A,C).
onoyor
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\ Breach of Warranty of
Habitability or2) Unfair and Deceptive Practices (&1.G.L. c. 93A), orboth.
For both claims, you will,need to prove that your horne had Flousing Code violations, and that the owner knew about the
violations and did not fix thern. Breach of Warranty can also be filed by the local health department.
p _Bg9airs 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.L. c. 239,s. 8A).Save the rent money you withhold.A judge may
require you to pay all or some of it ba& 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 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;2
• The rental property owner knew about the violations before you started withholding your rent;and
• You did not cause the violations.
State law allows You to use your rent money to pay for certain repairs (M.G.L.c. 111, s.127L), and not pay that
amount in rent to your landlord.You cannot withhold more than 4 months' rent in a 1.2-morith 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 tmprove:
• The local health department or court determined that-the violations may endanger or materially impair the
health,safety, orxve||'belngofa residential tenant; z
• The 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.
-Mp-
If you meet certain conditions,you may 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.Goto MAEjkL2Wcr find available options for free legal advice.
zTheseareseri^usvio|ationswhicbindudepmb|emssuchosnothnuinOheat,botwater,e|ectricityor8ps^orexitsthatareb|ocked.
K8ay2O23