HomeMy WebLinkAbout- Orders Letters and Photos - 233 MIDDLESEX STREET 1/9/2024 North Andover Health Department
Community and Economic Development Division
NORTH NI)O VER BOAR ) OF HEALTH
O ZI:)ER TO CORRECT
Issuc>d under they provisions of 105 Code of Massachusetts Regulations (CC'MR) 410.000:
Mittinna n Standards of Fitnessfin,IInnican Ilaabitaatio n, State Sranitratly (.'ode, C"lutpler 11
January 9,2024
To Owner:
I?ric Raaposo
223-235 Middlesex Street
North Andover, MA 01845
RE: 233 Middlesex 'treet, North Andover, MA 01845
I)ear Owner:
"floe North Andover l-fealth I)e partrnent personnel conducted an authorized inspection
of your property at the above referenced address 011 JrInUa,;ar;"y 9, 2024 rn rl";p<Dr"se to a complaint
filed with this L)epartnient. 'l"hew inspection revealed violations of the State Sanitary Code,
Chapter 11 as listed on the attached Violation Farm.
You are hereby ORDEI ED to correct the violations within the time allotted on the
enclosed forin. Failure to cornply within t e specified time period will result in as fine of up to
$00 per (lay' it) accordance with 105 C NIR 410.920 of the State Saanit4ariy Code. "l"lae fine will
continue to accrue until the subject property is brouf,ht into compliance wi.tlr this Order to
Correct. Each day or portion thereof during which the violations continue shall constitute as
separate offense.
You have the right to recluest as hearing before the Board of Health if ycra feel this Order
to Correct should be modified or withdrawn. A request for said hearing must he made in.
writing;and received by the I-feaalth Depaartnae nt within seven (7) clays from receipt,of this
Order. At said heaarittg you will he liven an opportunity to be heard and to present witnesses
and documentary evidence its to why this Order should be modified or withdrawn. All affected
parties will be in.fornaed of the date, tinge and place of the hearing and of their right to inspect
Failure to ccrrnrply with eaq�Order is°"srra�d our�s°uant to the provisions ryl"105 ("All'.1/0,000 shall uponcrorrvic:lion b
fined not less lh an SIO 00 nor raaerrez than,'y. 00, �s"cxah cicr7,'s�ulCzrr°c tc,c s�rrat ly a��at/a crrr<aral�r.�/�rcal!c°rrrr"�ti�aatc�ar
sep arcrle violation (10.5 C"MI?410.920).
Page I of 2
North Andover llearltla l:)epaartmerat
120 Main Street
North Andcaver, N4A 0184
Phone. c 7il.(ii l .9540 Fax.- 978.6 .9542
and Copy all records concerning the matter to be heard. Yoo may be represented by an
attorney. You, have a right to inspect and obtain copies of all relevant records ccnicerning the
matter to be heard, Conditions may exist which will allow the occupant of the residence to
exercise legal rights outlined in the Notice of Occupant's Legal Rights and Respon sibili ties issued by
the Del-,)artryient of Public Health Sanitation Prol'rrarri (CSP).
I-Icase call the North Andover I fealth Department at (978) 688-9540 for as re-inspection.
A re-inspection performed by the North Andover Health Dep artment is required in order to
issue a letter of compliance. If you have any questions, ccml.rnerits or concerns, Please feel.free
to call me between the hours of 8:00-4:30 on Monday, Wednesday and Thursday, 8:00-6:00 on
'ruesday and 8:00-12:00 on Friday. Any questions reg.,,ardin,l, this matter can,be answered
throLig,h the North Andover Health Department.
This is an important legal document. It may affect"o tr rights. Yoti should have it translated.
Este es un documento legal importante. Es posible que afecte sits derechos. Deberia traducirlo.
Este 6 um documento legal iniportante. tale pode afet�ar s.e.q's direitos. aconselhivel traduzi-
o.
Sincerely,
lanene Pierce
North Andover Public Health Inspector
CC:
Brian LaGrasse, North Andover Director of P-Liblic I iealth,-
Board of Health;
Occupw�it;and
bile
Sent via:
CER'"rlFlEID M All., # 7020 1810 0001 1796_7288; and
..............
First Class Mail
Page 2 of 2
North Andover Health Department
120 Main Street
North Nndover, MA 0 1845
Phone: 978.688.954() Fax: 978.688.9542
North Andover Health Department
Cornnrunity Development Division
NORTH ANDOVER BOARD OF HEALT14
VIOLATION I/C7RM
hate: 1/9/24 Time: 1030 AM BOII Insixe,etcxr: Sharlene fierce
Ad(Iress: 233 Middlesex `street, North Andover, MA 01 45
Regulation Timef`rarrxe k)
1015 C VII I;)eserilxtitxn C omlxly
41.0 260 `aide egress covered in ice, posing as a tall/slip hazard. 24 IIOU1
410.260" Basement egress not cleared oil snow. All egresses must be cleared 24 I110Ul
and accessible.
410.330"' No workings sn:okc detectors in dwelling; unit. 24 1-IOU1
410 33C: * No working smoke detector in basement. 24 fIOUI I3
410 330* No Nvor king carbon monoxide detector- in dwelling; unit. 24 1-1(,)tJIZS
410.3301 No working; carbon nacanoxide detector in basement. 24 110111
410.520 No handrail can side egress stairway, posingg as an accident hazard. 7 days
410.520 No handrail can bascrnent stairway, lacasin , as an accident hazard. 7 days
4101 500 Glass broken coil egress door in laundry room. 7 days
Page 1. ot`2
North Andover I-Iealtlx Delaartinent
120 Main Street
North ,ndover, MA 01845
Phone: 97 . 88,9540 1�"ar.x; 978,688.8476
410.500 l°oundation wall next to basement door not weatherti ht, gaps 21 days
between stones.
41.0.500 Interior of cabinet shelf surface (pan storage) is water damaged and 21 days
no longer smooth and cleanable.
410.500 faint heeling above stove toga no longer sr'nooth and cleanable, 21 days
410.500 light fixture above sink rusted and no Ringer cleanable. 21 days
410.500 Debris and wet sand in basement, appears to be after flooding or 21 days
other chronic dampness issue,.
41.0.500 Gap under Front door, not wcathertight. 21 days
41.0.500 Floor in side entry way in disrepair near threshokl. 21 days
............._ ..............._ .... _ .__. __.......... _ _....._._._.
Violations noted meet the conditions of 105 C"MR 410.630 (A) Condition Deemed to Endanger or
Materially Impair Health or Safety and a gored taith effort must be made to correct: within 24 hours of
service.
This inspection report is signed and certified under the pains and penalties of'perjurMy.
Inspectors Signature: ���� Date: 1f9J24
Page 2of2
Ncarth Andover flealth Department
1.20 Main `street
North Andover, MA 01845
Plione 97f .688.9540 Fax: 979,688,8476
The Commonwealth of Massachusetts
Department of Public flealth
Notice of Occupants' LeLyal Ri2hts and Responsibilities
This document summarizes some of the legal options that you may have when the owner ofa property you live inhas
not fixed certain problems |o your home,as required by the state Housing Code(105 CR8R41O.030L
Talk tman 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 minimurn standards to protect the health, safety, and well-being of occupants.
The Housing Code, Minimum Standards mfF/toes /orHurnonHab/tut/on /StateSon/&oryCo"je, Chmp&sr//),
is the state regulation that sets these minimum standards. The Massachusetts Department of Public Health, Bureau of
Climate and Environmental Health's iqLn(CSP) issues this regulation, but the standards are
enforced by local health deparLroents. z �SPm/orksm/ith |oca| hea[tb departments and the public tm provide training arid
technical assistance about the Housing Code. For more information, 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 sorne
problems like pests, mold, 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 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 health
department may issue you an order to correct arid give you a certain arnOUnt of time to fix the problem.
Your Right tmSafe 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 inform
your landlord first. If your landlord does not adequately address these concerns, you should then contact your local health
department,They will conduct free inspections Of your home and will orcler your landlord to fix any violations ofthe
Housing Code. You can find contact information for your local health department by calling your city or town hall or visiting
their vvehsiLe. City/town vvebsites are listed at: .
Your landlord is not allowed to raise your rent or try to evict you just because you have made a cqrnp|e|nt to them ortu
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 and you made your complaint in writing(M.G.L. c.186, s.18 and o.239, s.2A\.
Your Right UoaHearing
You may ask for a hearing in front mfYour local Board of Health. You must do this in writing and within the hnneframes
below. if you send a written request on tirtie to the local health departirient, a hearing will be held within 14 calendar(Jays.
|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 timeframe you have to send the request.
Your home was not inspecte� by the local health department 30 days from the day YOU contacted health department
The inspector did not find violations you think exist 30 days frorr) 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 riot 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
CMR 4,10,840). If you do riot agree with the decision, or at any point th1-OUghOUt the process, you can file an appeal in
housing court.
zDepen&ogunyourcim/ortmwn.th|smaya|aobecx||edaLoca|8oa'dufHca|th(80H)^ LmcalHaaith4uthority,or|nsucctinna|ServicesDmpartmcnt,
Th|n|s the local code enforcmment authority responsib|e for enforcing the regulations,
ua~,,,o')Q_~n.A""xm^.^="°ke. In)I
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 may have some options as described below.
These are riot your only options, but they are common actions that tenants arid Occupants 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. Go tog_to find available options for free legal advice. To find additional information on your
legal rights and responsibilities when your landlord does riot fix violations of the Housing Code, visit:
or
Qp1:i9p 1: Go to Court
N your landlord (foes 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 o court in your area to order
your landlord to correct the problems.
To We a complaint, contact the Housing or District Court Clerk in your region. To find the closest Howsimg or District
Court gmtoo These
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 Vf the Housing Code /M.G.L. c. 111, s. l27A, [\. onmYor
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 orJ\ Unfair and Deceptive Practices (M.6.L. c83A), or both.
For both claims, you will need tu prove that your horne had Housing Code violations, and that the owner knew about the
violations and did riot fix therri. Breach of Warranty of Habitability can also be filed by the local health department.
Pp
If Your landlord does not correct certain housing code viotations, you May be able to hold back sorne or all of your
nan1 payment until they make repairs (M.G.L c. 239, s. 8A). Save the rent money you withhold.4jud8e 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 froni your home, you will need to prove, at a rninimurn, that�
• The violations may endanger or materially impair the health, safety, or well-being of a teriant or occupan t;2
• The rental property owner knew about the violations before You started withholding your rent; and
• You did not cause the violations.
State |axv a||um/s you to use your rent money to pay for certain repairs /M.G.Lc. 112, 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 toprove:
e The local health department or court determined that the violations may endanger or materially impair the
health, safety, or well-being of residential tenant; a
* The landlord was issued an Order to Correct for those violations; and
* The owner did not start the repairs(or sign a contract for work) within S days after getting the Order to
Correct and did not complete repairs within 14 days after receiving the notice mfviolations.
|f 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. Guto nMud available options for free legal advice,
These are serious violations which include pmblerris such as riot having hear, hot water,electricity or gas,or exits that are blocked.
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