HomeMy WebLinkAboutOrder to Correct - Orders Letters and Photos - 37-39 FURBER AVENUE 12/18/2023 l l 'Pl
North Andover Health Department
Community and Economic Development Division
NORTH A.NDOVER BOARD D C.)li" HEALTH
C' RDER"fit? CORRECT
lsscac d under the provisions of 1.05 Code of Massachusetts Regulations (("MR) 41.0.000:
flirrirrrttrrt Standards of Fitiiess fi)r thitracara l htfrittrtiorr,„ State Sctr ihzrl ("ode, Chapter Cl
l)aate: Dec~erraber 1.5, 2023
To Owner:
Lena, 1.rjon
Lena, xhenjola
'171 urber AveK tie
North Andover, MA 01845
RE: 37 F^urber AvcMr.te, North Andover, MA 01845
l:)ear Owner:
The North Andover 1 lealth F)epaartrnent personnel conducted an authorized inspection
Of' your property at the above referenced address on December 15, 2023 in response to as
corriplaint filed with this IN,y)aartinca nt. The insI)ection revealed violations of the State `unitary
Code, Chapter 11 as listed can the attached Violation F^orni.
You are hereby C)RDF.REI) to correct the. violations within the time aallotLed on the
enclosed form. Failure to c.carnply within the specified tinge period will result in as finer of uli to
00 Per day' in accordance with 10,,a CMR 41.0.920 of the State Sanitary Code, The fine will.
continue to accrue until the subjec-t property is baror.a f ht intoa c:ornpliaaaac:e with tlai.s Order to
C- rrect. Each clay or portion thereof chainf which the violations ccantix-mue shall, c:onstitrrte a
separate offense.
You have the right to request as lacrariraf;laaeforc the Board of 1 lealth if you feel this Order
to Correct shor:alcl be modified or withdrawn. A request for said hearing must be inade i.ra
writing;and received lay the; Ilealth l)eI�aartnaent within seven (7) days from receipt of this
Order. At said li,earinl you will her liven are opportunity to be heard and to present witnesses
and docurnentary evidence as to why this Order should be:rncaclified or withdrawn, All affec•tecl
Faitur x to(..-oaq)1Y avith urrlY ordo—issued pursuant io the provisi(.)ns (?f/05(AIR 410,000,hall upon erOnvictiem hc^
firrec�/ra<rt/c=,s•s 1/r°rra,�`/O.�C)rrr>r rnrrre�t�aurt �l)l�. hocrlr e/%�yr'st`ixtCurc.�t�i ccrrra�rCy an,it6r errs axwclerr,a•hot/e°d.raas�trtzrtrt�r
separate violation i/05("'AIR 410 9201).
Page 1 o f'
North Andover F c alth Depaartraaent
120 Main Street
North Andover, MA 01845
Photo : 97 .688.9540 Fax: 9711,fa88.9542
parties will be informed of the clate, tin-te and place of the hearing and Of their rif,'-ht to inspect
and copy all.records concerning the matter to be heard. You may'be represented by an
i1ttorney. You have a, right to inspect and obtain copies of all relevant records concerning the
matter to be heard. Conditions may exist which will allow the OCICUpaut Of th(! residenc(-.� to
exercise legal rights outlined in the Notice o.f()ccupant's Legal Riglits and Responsibilities iSSLUXI, by
the Department of Public .health orurnunity Sanitation F'rog,ram (CSP).
If the dwelling unit is %/acant or becornes vacant before the violations are corrected, the
dwelling unit cannot, be re-rented Or re-occupied prior to(�'ompliance and prior to all inspection
by the North, Anclover Health Department in accordance with'105 CNIR 410.660. Please call, the
North Andover Health Department at (978) 688-95,10 for a re-inspection. A re-inspection
performed by the North Andover Health Department is required.
If you have any questions, comments or concerlis, please feel free to call rate' between the
h(:)Ljrs of 8:00-4:30 on Monday, Wednesday and Thursday, 8:00-6:00 on Tuc>sday and 8:00-12:00
on Friday, Any cluestions regarding this inatter can be answered through the North Andover.
I lealth Depaxtinent.
'I'his is an important legal document. It may affect your rights. You should have it translated.
Este es nn docuniento legal importante. Es posible clue afecte su.s. derechos. Deberia traducirlo.
Este 6 rim documento legal iinportante. Ele pode afetar seas_ direitos. f�. aconselhAvel traduzi-
lo.
Sin erely,
Sharicne Pierce
North Andover I"Liblic I-lealth Inspector
(ZO
Brian LaGrasse, North Anclover Director of Public Health;
Board of Health; and
File
sent Via:
CERTIFIED MAI 1. #7020 1810 0001 1796 7189;and
First Class Mail
I'agc 2 of`2
North Andover Flealtli Department
120 N,lain Street
North Andover, MA 01845
Phone: 978,688.9540 1,ax: 978,688,9542
North Andover Health Department
Grrmmunity Development Division
NORTH ANDOVER BOARD OF HEALTH
VIOLATION 17ORM
Date: 12/1 /23 'T'irnew :00 AM 11011 Inspector: Shanene Picrce
Address: 37 ]°'ui-bei° Avc:rtrte, Noifli Andover, Mtn 01845
Regulation Tirrrreframe to
105 C�C�III DescriptionC;camply
410.560 Stnal lrt strand left in front erf` pro pert , can sidewalk, 14 days
l
,
„M
F
Violations noted rrrcet tire, conclitreans e.af 'l05 ("MR 410.630 (A) Condition l.)een-red to l",nclar,ger e,rr
Materially lna1~air flea1th or Safety and a ,good faith effort rnUSt be nrade to coo-rcct within 24 boors ol`
sc rvice.
I'his inspection repot11 is signed and certified under the pains :and lrrcnaltics of perjury.
Inspectors
Signature: Date: 1'>r`I 5/'7
Page I of I
Noi-llr Araclovu fl:eakh Dep artnient
120 Morita Street
Nerrth Anclover•, NIA 01 45
Phone- 979.688.9540 1"tax: 97 ,688,8476
The Commonwealth of Massa chuswttm
Department ofPublic Health
UIP Notice of Occupants' Legal 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 bV the state Housing Code (1O6CK4R41O.0OO).�his is not l,@gqI
advice.Talk toan attorney before you decide tq 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 ufRtness /brKurnonHmb/tot/mn (State Sanitary Code, Chapter
is the state regulation that sets these minimum standards.The Massachusetts Department of Public Health, Bureau of
Environmental Health's Community Sanitation Program (C5P) issues this regulation, but the standards are enforced bylocal
health departments.ICSP 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 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 some
problems like pests, rnold, and keeping exits clear,that might need the owners and 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 or keep
their belongings out of exit hallways. If the local health department isdoing 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 order to correct and give you a certain amount of time to fix tile problem.
Your Right tm 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 tw fix any
violations of the Housing Code,You can find contact information for your local health department by calling your city or
town hall orvisiting their vveboite. City/town vvebmites 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.Lo.186, s.1W and c.239, s.2A).
Your Right to aHearing
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 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 tirneframe you have to send the request.
Your home was not inspected 30 days from the day you contacted health department
The inspector did riot 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
Within five days after the hearing, the local health department is required to issue a final decision on your complaint(105
C&iR41Q.@40). |fymudonotagreewiththedecluion, oratanypointthruughouttheprVcees,youcanNeanappee| in
housing court.
zDepending on your city or town,this may also bc called a Local Board ofHealth(BOH), Local Health Authority,or inspectional services Department,
This is ffie local code enforcement authority responsible for enforcing the regulations,
Your Options Kan Owner Does Not Fix the Problems
if your landlord does not 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 nn attorney to protect yourself. |f you cannot afford on attorney,you may be eligible for free legal aid
services. Go to Mmas
m find available options for free legal advice.To find additional information on tenant legal
rights and responsibilities,visit: or MAdeuptocode.org.
Pption 1: Go to Court
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 in violation of the Housing Code,you may also ask a court in your area tnorder
your landlord to correct the problems.
To file a complaint, contact the Hous,ingor District Court Clerk in your region.To find the closest Housing or District
Court goLo orlocations.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 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.Lo. 111, s. 12JA, C).
onoymr
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 clairn either 1) Breach of Warranty of
Habitability or 2) Unfair and Deceptive Practices (M.G.L. c. 93A), or both.
For both clairns, you will need to prove that your home had Housing Code violations, and that the owner knew about the
violations and did not fix them. Breach of Warranty can also be filed by the local health department.
jqptjop_g.:_Withhold Rent Until Repairs are Made
If your landlord does riot correct certain 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 rnay
require you to pay all or sorne 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 home, you will need to prove, at a minimum,that:'
• The violations may endanger mrnna1ehaU �y|mpa|rthehea|th, safe� or well-being ofatenant;z
• 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 12-month 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 from
your home,you will need toprove:
• The local health department nrcourt determined that the violations may endanger or materially impair the
health, safety, or well-being of residential tenant; z
• The landlord was issued an Order to Correct those violations; and
Th �id h i ( t i t ctfo k\ |1hi 6 d ft i h O d• eovxner notst�rLL erepars `nr os�nacun ra rvvor ' vx n ay�a er�et�n�t e r er
and did riot complete repairs within I4 days after receiving the notice ofviolations.
4_yq_yj_�ga�ie Early and Move
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 nfind available options for free legal advice.
'These are serious violations which include problems such as not having heat, hot water',electricity or gas, or exits that are blocked.
xx;)., 7n7l