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HomeMy WebLinkAbout- Orders Letters and Photos - 19 ROYAL CREST DRIVE 1 1/12/2024 A North Andover Health Department Community and Economic Development Division ORDERTO CORRECT lsscrcd Under the provisions cwf 105 C-`ode of Maassarclausewtts Regulations (C:-kll4 ) 41.0.000: Min It Staiu-eartl,s€af Fit na°ss firs'11141 M711 1-Mbit(It it)ra, ,�hIte San itrary !_`rat It,, (-latapta:r H January 12,2024 To Owner: Three Galle^ria 'l"owear° 131.55 ulcer, lZod, Ste 100 1,13235 l-)aalhis, 'YX 75240..5090 U: 19 Royal Crest Drive, Unit 1, North Andover, MA 01845 Dear Owner: The North Andover Health L)e paartrner;nt personne4 conducted are authorized ;inspection Of.yeru.r property at the above rderen(,ed address can January 10, 2024 in res'p nse to as complaint. filed Nvith this D(,grartmernt. "lhe inspection revealed violations of the State Sanitary C oc.ley, Chapter 11 its list:e^cl can the aattrrched Violation Form. You arer hereby OIZD141 EI) to corre(,t they violations within the tirner allerttc cl can the enclosed form. 1'aailurc:} to c.Ornl:aly within the spe eifierel tinter period will result in ir fine of t1p to '}500 per e~laayn ire ae,c::errclane:o awith 105 C:11y4R 4`10.920 of the State Sanitary Code. '1°he fines will c:e:rntintrer tca vac cTUC Until the subject property is brought into:r cc: rnpliaane e with this Order to Correct.ct. f,adi claaY or portion thereof during which they violations cc>ntirtuW shall Ccarastitute aa. separate Af e�tase' You have the right to request as hexariaag before the 13caaarcl of Health if you feel this Order to Correct should be n odified or withdrawn, A request for said heaarinf raaust l::W made i-n. writing and received d by they 1 lealt a Department artment within seven(7) days front rere,e ipt:of t�his Order, At said hearing ycan will be l;iveMra aaa opportunity to be laerrcl and to prose oat witnesses and doc urnentary r ewiderne°e as to why dais Order:should he.: modified or withdrawn. All affected hailrrre to a°esnr/4 with(111Y order m then/:rrarvtsr'c.arr.s erf 05 Ala 000 shu l to tarts conviction he filled not 1/ran 5/ll 00 mw,more thrtn 5500. /,",uch c/a.) "s°fiiihrr t,to cesrrp , with an order skull co iatituie>a s��Jcrr°eatr:^violuth,mi('/al.) C AIR 4/0.920), Page l af`2 North Andover 1-lesaalth De parrlent 120 Main Street North Andover, MA 01 45 Phone: 971 688.ef540 1,"ca.:: 978.698.9542 parties will be inforiiied of the date, time and place of the hearinF,and of their ril.',ht to inspect I and copy all records concerning the matter to 1-ye heard, You may be represented by all attorney. You have a right to inspect and obtain copies of all relevant records concerning the matter to be heard. Couditions inay exist, which will allow the occupant of the residence to exercise legal rights outlined in the Notice oj'Occupant's Legal 16� 11tS alItt RCSJVIISibilitit�S iSSLIed by the Department of Public 1--lealth C'I cmunUllity Sanitation Prograirt (C ST'), Please call the North Audover Health Department at (978) 688-9540 for a re-inspection. A re-inspection performed by the North Andover Health F)ep artment is required in order to issue a letter of compliance. if you have any questions, corninents or coiicerns, please feel free to call me between the hours ol'8:00-4:30 c)n Monday, Wedriesday and 'I'luirsday, 81-00-6:00 on Tuesday and 8:00-12:00 on Friday. Any questions reg'arding, this matter can be answered through the North Ariclover Health D(?Partrnent. 'I"his is an important legal document. It inay affect ypyr rights. You should have it translated. Este es on docurtiento legal ini p ortante. Es posible clue afecte sus derechos. Deberia traducirlo. Este 6 urn docunicrito legal. ituportante. 1s]c pode afetar seus direitos. E aconselhAvel traduzi- lo. Sincerelv, North Andov(:rr public: 1-10alth 111SP('C'tor CC: Brian La(3rasse, North Andover Director of Public I lealth; Board of I lealth; Maria DiGiacouio, Cornmunity Nlanal',er of Royal.Crest Fstates North Andover, 50 Royal Crest[)rive, North Andover, MA 01845CF"RT1111"D MAIL#9589 0710 5270 0977 7275 49 ........... Occupant;and He Sent via: (.'Is.'R'1'11,'IEDM,'Al,l,# 9589071.052700977,,727,5..3 and First Class Mail P,age 2 of2 North Andover lleattli L)epartmetit, 120 Main Street North Andover, MA 0 1845 Phone: 978,688,9540 1`ax: 978.688.9542 .................I Perth Andover Health Department Community Development Division VIOLATION F(".)RM Elate: 1/10/24 "E'irne: 12:0 PM 1401-1 1nspect r: Sfianene Picre Address: 19 1�oyal ("rest Drive, [.1nit 1, Norlla Andover, MA 018,15 Regulation Tinief"rr nle to lfl (:'Ml l)cyscrilrttaaa (_"crraalallr Evidence ol`chronic elnniline^ss under baseboard heating element in laedwor�r neljaccrrt roar bathrootr-i. Water Nva.s obscrvcd orr floor nr���.xt 1G�1.5(:)(:1 4 hours10 carrel arn:lcr hasclao � . F�Algc of`woocl flooring under next to baseboard healing element tell soft. in some areas. 41 O1 500 Baseboard heating; covers in bedroom cacl„jaaccnt to bathroom is 21 days, rousted aaaal nr.at cleanable. 41(:).00 Paint cracking on walls in bathroom, especially above shoover crrcwa. 21 daay°s Violations rioted meet thc conc.litroras of' ]05 (."Mb 41(1.630 (A) (."oriditiori [keiiied to i:,n(l an er or Materially Impair 1lenith or Suafiety and ua good faith clfort must be made to correct, within 24 hours of service. This inspection report is signed and certified under the pain sand s nd penalties of per-ja.rry . Inspectors Sig �," q Mite: 1/1()/?�1 Page I of 1. North Andover Health [)cpartment 120 Maiai Street North Andover, N4)N 01 1845 Phone: 978MU)540 Fax 978.688, ( 76 (KIN "[he Coi0n0onweaUt » of Massachusetts Department of 0m0KU*lic Health Notice of Occupants' LeLyal Rights and Responsibilities This document summarizes some of the legal options that you may have when the owner of a property you live|nhas not fixed certain problems in your home, as required bv the state Housing Code /1D5 CMR 410,000\. advice.Talk toanattorney before you decide tm withhold your rent ortake other action described here. Safe and Healthy Rental Housing: Rental housing in Massachusetts must meet minimurn standards to protect.-the health, safety, and well-being of occupants. 'The Housing Code, &4/o/nnun/��om�ou�ofF7&oessfbrHornmn Hub/tot/on (State Son/tory[b�� Chapter//), is the state regulation that sets these rminimum standards. The Massachusetts Department of Public Heaith^ Bureau of Climate and Environmental Health's Community Sanitation PrograM ([5P) issues this regulation, but the standards are enforced by local health departments. z CSP works with local health departments and the public to provide training arid technical assistance abou1the Hmusing Code. For more |nfVrma1ion^ please see sanitation. Your Responsibility to Keep Your House Safe and Healthy The Housing Code also has requirements that people living in rented hornes or apartments need to meet.There are some prmbUemg like pests, mold, and keeping exits clear, that r-night need the owners and occupants to work together to fix the problern, 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 IDCal health department is doing 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 Ilealth department may issue you an order to correct and give you a certain ammuntofdmeta fix the prob|em, Your Right to Safe and Healthy Housing and Protection from Retaliation If You think that conditions in YOLV home are unsafe or Unsanitary arid may violate tile Housing Code, you should inform your landlord first. if your landlord does riot adequately address these concerns, YOU should them contact your local health department.They will conduct free inspecti(ms of your horne 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 vwebsite. City/town vvebsitey 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 ortV the local health department about the violations.This is called retaliation, and you may be able to sue the landlord for damages|f this happens and you made your complaint im writing<K8,G.L.c.186, s.18 and c.239,s,2A\. Your Right toaHearing You may ask for a hearing in front of your local Board mfHealth. You must do this in writing and within the t|mefrannes below. If you send a written request on time to the local health department, a hearing will he held within 14 calendar days. |f 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 tinlefrarne you have to send the request. Your home was not inspected by the local �ealth department 30 days frorin the day you contacted health Wdep he The inspector did not find violations You think exist 30 days from the last inspection by the health The inspector did not issue an order to correct violations 30 days from the last inspection by the healt h I he inspector did not enforce the order to correct 45 days from when tile owner received the order to correct ............ Within five days after the hearing, the local health department is required to issue a final decision oil your complaint (105 CMR 410.840). If you do not agree with tile decision, or at any point throughout tile process, You can file an appeal in housing Court, Deper16q,,,on your city ortown,this rnay also be callod a Local Board of Health(13011),Local Health Authority,or Inspectional Services Department. This is the|pca�code enforcement authority responsible for enforcing the r*gu|#iuns. xu=., WY� _,".A.=Am~,n.,k— `nYI Your Options if an Owner Does Not Fix the Problems If your landlord does riot fix violations of the HOUSing Code in YOUr home,you rnay have some options as described below. These are not Your only options, but they are common actions that tenants and Occupants take in these situations, Before taking legal action, contact an attorney to protect YOUBCM. If YOU cannot afford an attorney, you may be eligible for free legal aid services, Go to MmassIrf.oato find available options for free legal advice.To find additional information oil your legal rights and responsibilities when your landlord does not fix violations of the dousing Code, visit: niasslegalhelp,or legal-tactics or made u ptocode,or, Optto!1_1: Go to Court If your landlord does not fix the problems that the local health department ordered thern 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 Housing or District Court Clerk in your region.TO find the closest Flousing or District Court go to mass&ov r s&ou n -court�Ioca�tio�is or mass.gov or s district-court L locations,These courts deal with ..... .Lo_g_ _L _ cases about residential housing including eviction, property clarnage, and Housing Code enforcement. For help filing a complaint, you can contact Court Service Centers at mass.gov/info-0etils 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). aced/or Refund Rent You-Ham'e Paid':You can file a coiriplaint 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 (MG.I... c.93A), or both. For both claims, you will need to prove that your home had Housing Code violations, and that the owner knew about tile violations and did not fix them. Breach of Warranty,of Habitability can also be filed by the local health department. Option 2: Withhold Rent Until Rep irs are Made If your landlord does not correct certain housing code violations,you may be able to hold back sortie 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 sorne of it back. If they dca and You don't have this money, you may be evicted. If you withhold rent and your landlord tries to evict you from your horne,you will need to prove, at a rninirllUrn, that: • The violations may endanger or materially impair the health, safety, or well-being of a tenant or occupant;' • The rental property owner knew about the violations befo1,e you started withholding your rent; and • You did riot cause the violations. flans qrl 3: Make the Repairs 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 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 determined that the violations may endanger or materially impair the health, safety, or well-being of a residential tenant; �.' • The landlord was issued an Order to Correct for those violations; and • The owner did not start tile repairs (or sign a contract for work)within S days after getting the Order to Correct and did not complete repairs withirl .1.4 days after receiving the notice of violations. Qp fiqp,A;_En.d_)tou Lease Ea ly..?.94.Moye If you meet certain ccniclitions, 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. Co to!rpnAag!rt9Mto find available options for free legal advice. "rhese are serious violations which include problems such as not having heat, hot water,electricity or gas,or exits that are blocked. NA,3,, ')nll .e­;c^A NI—n—kor ln):� t. MINIM 111 pert€ticJ MpkV 55 t` �"" ��.ri tr��wmlrv':¢,rr„��;€-atu�a(r^tmmcw ra r,tt�stn�e err�tnp.'rr�rwraif.. . Return ipcvtprre PNmerwku.rx,Pl;� ffi Uuwrr RectO�X(vler trrrurlrt a xl t eufflmteax'P rcariwcrrramrous tyqrA,rau«y li TV ru C1 ,(y CI Sew ro, Er Bo x u7 Er afa„` c t tr tr 01"' OmPfete Its t,2,and 3. A. &gnatu re �r 1 r8nt yourrwa and address on the reverse 9 Agent 0.0 tt teat we can return the card try you, x 13 Addressee 9 tt t thI card to the beck of the mallpdeue, 8. Recei by(Printed Name) C. Caste of DeUvery or,on the front It wee perrrotte. �r" ram.» err �s' rom'itern 17 rl Yee dd Tess below: n No Maria DiGiacorno ar e r Comrrfiiiunity Manager Royal Crest ,, '\ Q Royya , rest Drive North Allover, MA 01845Pr�o 111111 Jill a.. Artalt SN�m tarn�i krNcte a+ 0 R�egistered MMa�m�� OR n Cert6f ell t~�afP r C.2sty H IiectActed 9590 940 7829 2234 0870 4 n Certified MOOR R tr "r euuvery n Signature cor,firmation"14 . Artkr de Nrrre9a r A7r nsrarr fxx nr✓` r to aluact e C eduwery t')SrWot�we ConfdrrrtaWn wP C�a•WArt—DoWery Restricted DeWery RestHct Ddiweq 9589 f 7rrr a.....5270 2 7,. �;"a Resfru�ted rtePlvery` .. P Ftamn« 11,Ady'20 t1 ts8w7wo-t -000-go 53 Domestic Return Recstpt ru ie w M Ln " niIII�V'" m m �,., u�`aar94Pkmwr� e.I ��.ivirrm�k r a�°Piwae.Fr aria,add aI WVr 100, Gw Inotarr,nwe(pg (hava copy) e fed°wr;acaratffrWptG OlwNzcnlo ffi f7vsfteutt trig" klwtxlk�a rf ta,8 1NCNr¢s +4v4."�wd M:Na+�ra .�..... _. �$ r f.»,�aPova'.r6Y gnalum Rrear,gi�Smdrtj [I t ............v.. ,.. „. Signmu ei tor ...»�..�.,..�...... ...m.... Ln . fda's.„air rezx o, xrwN ro Er fa" ¢"caw,e' ��^`� r..... .... .,.....,. 66 cr + • Complete sterna 1,2,an 3. A. mature • Pant your name and address on the reverse �, Agent so that we can return the nerd to you. ,_." - 0 Addressee • Attach this card to the track of the mallplece„ B. give by(printed hernep C. Date of Delivery or on the front If space permits. .... . _ _ a s d erceM from(teas 17 ®yes AIMOO/TTA MS235 eltvery address gee : © e Three Galleria Tower 13155 Noel Read, Ste 100 LB 235 Dallas, TX 75240-5090 1 NR 1 lb 13 Service Type 0 PrlRegfi t At�d Ex¢Y"es64' l.0 Adarht"a"ii�rrw^ztusre �ttea�atered PwteplT"" CAI Advugt Stq rswture Restdated Clef very 0 Raw �sterrigj MWI ffiwaWeted 0 Car fled Kit* De very 9590 940 7 2234 70 50 ED cerauPod na IH Restricted Ddlvfjry 0 S�nnawre Confirm0on1m C3 C'cu¢ec't an t uWery C::m t'tgpbarr le C7trdraur'a lotion CS i>µ ni n,c�.r7rn tw c from. "mm rr�as t rc n Delivery Restricted Ddlvwy Resstrur ted Dellvery service label) � l 9589 0710 5270 0977 7275 32 hRemtr&cedDOvwy PS Form 3811,,July 2020 PSN 7530-02-000-aO53 Domestic Return Receipt