HomeMy WebLinkAbout- Orders Letters and Photos - 12 ROYAL CREST DRIVE 11 12/7/2023 North Andover Health Department
Community and Economic Development Division
NORTH ANDOVER BOARD OF HEAum
ORDER TO CORRECT
RREC T
Issued under the provisions of 105 (,"ode of Massachusetts Pe ulations (C::MR) 410J)00:
Minirrtuni Standards cr/141tieassfir TIttrnan l'Cabitation, State Stanitar'r/ Code, Chapter 11
Da Le: Decernber 7, 2023
TO Occupant:
Su
zy`1rrchrte:r,
12 Loyal (''rest Drive, Unuit l I
North A.rldover, MA
01845
RE: 1.2 royal Crest Drive, Unit I l., North Anclover, N4,A CII 45
t7ea4ar Occupant:
the Nortlra nc1()ver health Departraaera:t personnel conducted an autla.orirexcl inspection
of your property at the above referenced address on I ec.°ember 6, 2023 in response to spa
corrplai.nt filed with this Dcpartrraent. °I'IreM inspection revealed violations of the State Sanitary
C ocic;, Chapter 11 as listed oil the,attached"violation Form.
You are hereby ORF)EREI) to correct the violations within the time allotted on the
enclosed form. Failure to comply within the specified time I)eriod will result in a fine of up to
500 per d ay'a in accordance with 105 C.:':MR 410.920 of the State Sanitary C:;od.e. "I"lie fine will.
continue to accrue until the su.hjewct properrty is brought into cornplianc:e with this Order to
Correct. Each day or portion thereof during which the violations continue shall constitute a
separate o.fferrase.
You have t1le right to request a hearing before the Board of I Iealth if you feel this Circler
to C.::orreac[ should be modified or withdrawn. A rec UeA for said hearing must be mad( in
writing and received by the Health Department within seven (7) days from receipt of this
Order. At said hearing you will be give ri an opportunity to be heard and to present witnesses
and documentary evidence as to why this Circler sla.OUld be rrra.oclitied or witlidrawn, All affected
° 1r"ailure to comply with aan"V miter tssuedpursreaant to they;prrridsions qf 105 e" 1?410.000 shall upon c°r.mic°tion be
fined rand le,�s tla(zn '1O.00 na)i•rncrraw them 5".500. Each daRy+°s Jiailure to contplV m4th an order shall constitute az
separate ate rdolation(105(7111t 4/0; 9�0)r
Page l ol:'2
North Andover Health I)e;partnmment
120 Main Street
1' ortla Andover, MA 01 45
Phone: ° 7 ,6 . 540 1^`max: 97 ,688,1542
parties will be irtforrned of the date, time and place of hearing, and of their rif_;Iit to inspect
and copy all records coricerning the matter to be heard. Yo(i inay be represented by an
attorney. Yc)tj have as right to inspect and obtain copies of Gall relevant records concerning
,erning the
matter to be heard. Conditions may exist which will aw llo I,he occUpant of the residence to
exercise lq,al riglits outlined in the ( otice of Occii.j.)an.1's b?gal Rights and Responsibilities issued by
the Departnient of Pr. Health C',ornint,inity Sanitation Prof rat as CSP).
If the dwelling unit is vacant or becomes vacant before the violations are corrected, the
dwelling unit cannot be re-rent(,?d or re-occupied prior to compliance and prior to an inspection
by the North Andover Health Departni.ent in accordance with 105("'MR 410.660, Please call the
North Andover Health Department at(978) 688-9540 for a re-inspection.. A re-inspection
perfoinied by the North Andover Health Department is required.
If you have any questions,comments or concerns, please feet free to call nie between the
hours of 8:00-4:30 on Monday, Wednesday and Thursday, 8:00-6:00 on,Tuesday Mid 8:00-12:00
on Friday. Any questions regarding this Matter can be answered through the North Andover
f lealth Department,
This is an important legal docurrient. It may affect yQmt rights. You should have it translated.
Este es un docurnento legal importante. Es posible clue afecte.s-tt-s derechos. Deberia traducirlo.
Este 6 uin documento legal irnportante. Fle pode afetar seus direitos. f, aconselhivel traduzi-
lo.
Sincerely,
Shanene Pierce
North Andover I"ablic Health Inspector
CC:
Brian LaGrasse, North Andover Director of PLIblic Health;
Board of Health;
Occupant;an(]
I"ile
Sent via:
CERTIFIED MAIL # 7020 1.810 0001.1796 7226;
Electronic Mail: e.st,isy@yahoo.coj-n; and
First Class Mail.
Page 2 of 2
North Andover Health I.)epartinent
120 Main Street
North Andover, MA 01845
Phone: 978,688.9540 F'ax: 978.688.9542
� w
North Andover Health department
Community Development Division
NORTIJ ANDOVER BOARD OF HEALTH
VIOLATION FORM
Date: 1.2/6/23 'I''inie: 9:15 AM B011Inspector: Shan ne Pierce
Address: 12 Royal ('rest Drive, Unit 11, North Andover, MA 01 45
I egulation °I"irrnnef'ranrie to
105 ('MRDescriptionC.."ompl
Accumulation ofnrold on. interior wvindow scrrlirces in all morns.
Every occurrant ofar dwelling or rooiniug unit shall keep all
41U40 facilities and appliances t*or which they have exclusive access in a 7 (lays
sanitary condition and exercise reasonable care, in their prol)er use
and operation,
�. _ ___ ------------- ._ .._ ..
Violations noted rneet the conditions of l05 C:'MR 410.630 (A) ('ondition Deemed to h'ndwiger or
Mat erialIy Impair IIeaalth or Sal'ety arnd a good faith e,ff'ort rnust be rnarde to correct within 24 hours o
service.
'l"his inspection report is signed and certified under the pains and penalties off perjury.
Inspectors ' i ;nattwe: � `� -, � Date: 12/6/23
Page 1 of l
North Andover -lealth Department
120 Main Street
North Andover, MA 01845
Phone: 97 .68 . 540 1`ax: 97 .688.8476
The Commonwealth of Massachusetts
Department of Public ,11-1ealth
Notice of Occupants, 1, gal Ri2hts 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).TbLjs_i _!?qLle ;qj
L
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 Massa C 11 US(A-ttS Must meet ailnimurn standards to protect the health, safety,and well.-being of occupants,
"rhe Housing Code, 105 CMR 410,000 Minimum Standards of ritnessfi)r I-himarr Habitation (State Sanitory Code, Chopter fl),
is the state regulation that sets these minimum standards. The Massachusetts Departnient of Public Health, Bureau of
Environmental Health's Community Sanitation Program (CSP) 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 mass.gov/lists/houking-community-sanitation.
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.There are sorrie
probknns like pests, mold, and keeping exits clear,that might need the owners and occupants to work together to fix the
problern. 1-or 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 heakh 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 arnount 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 HOUSirlh,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: mass.gov/lists/massachusetts-city-and-town-websites.
Your landlord is not allowed to raise your rent or try to evict YOU just because you have made a complaint to them onto
the local health department about the violations. This is called retaliation, and you may be able to sue file landlord for
damages
if this happens (M.( .L. c.1.86, 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 timeframes
below. If you send a written request on time to the local health departnient, a hearing will he 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
tire reasons you may reqU(e.St el hearing,and the tinieframe you have to send the request.
MEN=
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
J'he inspector did not issue an order-to correct violations 30 days from the last inspection by tile health department
.............I.............. ------ . .....
The inspector did not enforce the order to correct 45 days from when the owner received the order to correct
................................
Within five days after tire hearing,the local health department is required to issue a final decision on your complaint(1.05
CM11 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.
De4)vn(9ing on your city or town,this may Mso be.caHed a Loca�Board of Fiealth(M i),LocA HeMffi AUthcrGty,u Inspectional Sewices DepartmPnt.
I his is the ioca code enfm cernent authority responsible for-enforcVng the reguiations,
May 2023
Your Options if an Owner Does Not Fix the Problems
If Your landlord does not fix violations of the Housing Code in your home,you may have sorne 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 air attorney,you may be eligible for free legal aid
services. Go to masslrf.oTto find available options for free legal advice. F'o find additional Information on tenant legal
rights and responsibilities,visit: mass lega I he 112.orgZ lega[-tactics or madeuptocode.o
Qpj Lio n 1:Go t cLCo u L
t
If your landlord does not fix the problems that the local health department ordered there to fix, or if you believe there
are problems in your home that may be in 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 11OUSing or District Court Clerk in your region.To find the closest Mousing or District
Court go to mass.gov -/district-court Zlocations.'ri,ese courts deal with
lo[gslhousing:court/locations or mass.Roy/orgs
cases about residential housing including eviction, property damage,and Housing Code enforcement. For help filing a
complaint,you can contact Court Service Centers at i-nassgovl infix-details/learn-about-court-service-centers.
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(M.G.L. c. 111, s. 127 A,C).
and/or
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 or 2) Unfair and Deceptive Practices (M.G.L c. 93A), or both.
For both claims,you will need to prove that your liorne had Housing Code violations, and that the owner knew about the
violations and did riot fix thern. Breach of Warranty can also be filed by the local health department.
Qpfkgjq,,.?:Withhold Rent Until,Rqpa _p1g Made
�t Ls
If Your landlord does not correct certain 110USir)g 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 don't have this money,you may be evicted. If you
withhold rent and your landlord tries to evict you from your hOnW,YOU will need to prove, at a minimum,that:
• The violations may endanger or materially impair the health,safety, or well-being of a teriant;2
• The rental property owner knew about the violations b.ef.oTe you started withholding YOUr rent;and
• You did not cause the violations.
Orition 3: Make the Rppairs,Yourself
State law 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 rnore than 4 months' rent in a 12-month period to pay for
repairs. if you withhold some or all your-rent and use It to make repairs and your landlord tries to evict You from
your home,you will need to prove:
• The local health department or court deterrnmed that the violations may endanger or materially impair the
health, safety,or well-being of a residential tenant;2
• 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 riot complete repairs within �1.4 days after receiving tile notice of violations.
Option 4: End yclur L a e,,.Early_and Move
If you meet certain conditions,you may be able to end Your lease or rental agreement and ruove 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 Mgglrtga o find available options for free legal advice.
''These are serious violations which include problems such as not having heat, hot water,eiectricity or gas,or c,!xits that are Wocked.
May 2023