HomeMy WebLinkAbout- Orders Letters and Photos - 233 MIDDLESEX STREET 1/12/2024 North Andover Health Department
Community and Economic Development Division
ORDER TO O COI"tIZECWI"
Issued under. the provision"; of 10,5 Code Of i`cIaSStac'htrsc!tts RePlaations (C.:MR) 410.0(10:
1"a. rrtirrn on Standards of l ihiess fiar l ittrraan Habitation- State Sanitary Code, (:"Irtrlrter 11
January 1.2, 2024
F'ric: Ral,oso
233-2 5 Middlesex Street
North Andover, N/I 01. 45
RE: 233 Middlesex Street, North Andover, MA 01845
Dear Owrrter:
The North Andover Health l teal>artinent personnel conducted all arr.rt�horized inspection
of your property ;at the above refererac°cad address earl Jarnuwary 10, 2024 in response to a cornplaint
filed with this 1.>4.paartnlent. the inspection revealed violations of they `,tote Sanitary Code,
Chapter ll as fisted crra the attached Violation Fornx.
You are hereby 011r)FIRE:) to correct the violations within the tiartr, allotted on the
enclosed for-Ill. U�ailurer to conrl.aly within the specified tiara, p0ricrd will I'Osult in ca fine of rap to
$500 por day', in accordance with 105 C.:MC'y 4�1.0.920 oll the State Sanitary Code. The fines will
continue to accrue until the, sr.rhjec t property is brought into c•ornphanco with this Order to
Correct. Each day or portion therreof during which the violations continue shall constitute a
sepaartato offense.
l'crrr have the right to request,a lacytrr°iral before t:he Board of I lealth if you feel this C)rder
to C°.;e,rra*ct slrc7ulcl l�e�raacrdi`icxcl or w�ithdr~rar��rr. .� re�yrrc,�t fear solid lra��arr•ir,�y raau;�t'hc� rxaatc cy ha.
writing and received by the I-_le alth Dep artrnent within seven (!) days from receipt of' this
Order. At:said flearring Your will be given an opportunity to be heard and to l,resent, witnesses
and doca.arnenteary evidences as to welly this Order should he rraodifiexd or withdrawn. All affected
" Fuilarre to crrrarplY with cam:order to the provK°s°rons�r/'105 C` AIR 410,OWshall rrra«ai conviction h
,fined not/ess than S10,00 rarer inure 117a a'S.500, is"car°6a a���r',��p ridtar°cu ter�:�arrxpr/t'�vitfa crrr r r°rCc�r �larzfl arartstataete�. ea
rpcirrate violation (10.) CAP?41O� 920).
Page I of`2
North Andover Ilearlth De paartnient
120 Main Street
t
North Andover, MA 01 45
Phone: 978.688,9540 Fax: 9 .688,9542
parties will be irif(:mned of the date, time arld place of the hearing, 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 copies of all relevant records collcerning the
matter to be heard. Conditions may exist which will allow the OCCUpant of the residence to
exercise,legal rie jits outlined in the Notice(afOccujmril's IxSyal Rl',Ols and Respoiisibilities issued by
the Department of f"tiblic Health Corninunity Sanitation Prograni (CSP).
Please call the North, Andcwver Health Department at (978) 688-9540 for a 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 fwv(« any questions,comments or concerns, please feel free
to call me between the hours of 8:00-4,30 oil Monday, Wednesday and Thursday, 8:00-6:00 oil
Tuesday and 8:00-12:00 on Friday. Any questions regarding this ruatter can be answered
through the North Andover Health 'Depr,,irtmejit.
This is an important legal document. It may affect ypm r rights. You should have it translated.
E,ste es un clocurnento legal importante. Es posible clue afecte stis derechos. Deberia traducirlo.
Este 6 urn docturrento legal importante. Fle pole afetat, seus direitos. aconsellOvel traduzi-
lo.
Sincerely,
.....................
Shanene I"ierce
North Andover Public Health Inspector
C
Brian LaGrasse, North Andover Director of l')Ltbli(, Health;
Board of Health;
Building Conirnissioner, Paul I luto'll,ins;
Occupant; zin(I
File
Sent via:
CITRTIFIED MAIL# 9589 07105270 0977 7275 56;and
First Class Mail
Page 2 ot'2
North Andover Health Department
120 Main Street
North Andover, MA ()1845
I'llonc-, 978,688.9540 Fax- 978,688.9542
North Andover Health Department
Community Development Division
NORTH AID E)OVE BOA RI) OF IiEAL"T i
VICw7LA'I"lC:)1' I"'C:)RM
I)artc: 1/10/24 Time: 1 1:1 5 AM 13011 Inspector: Sharaerre Pierce
Address: 233 Middlesex Street, North Anclover, MA 01845
Regulation Timefrarne to
105 CI IR I)eScription Cont PIN
F'viclence of`rodent aactivity in unit. Rodent droppings
410.550 observed Linder kitchen sink, on kitchen couratea°s near stove, of) 21 days
floor next to refaL~i ,cratcrr, aucl on floor in child's bedroom sear
haareaau.
_.._........ ...... _. _........., _.
Several holes/openings around heating piping under laasehcra.rcls,.
41O: 500 bedroom especially
closest in i haroorra, living room, kitchen, and child's �1 (lays
es eciaall in dinning cliraaaira t rc'
laundry room. Openings inns may allow for w y
travel and harborage of`rraclents.
410.500 Large opening behind plumbing under kitchen sink, inside 21 clays
cabinetry. Openings may allow' for travel and harborage of rodents.
Large e opening around plumbing under bathroom sink, inside
41 ),5tw1Cl cabinetry. Openings may tallow fortrarvc) and harborage ofrodents. l clays
410.500 Caulking/grout in shaver in clisrcpaair, not cicanaablc. 21 days
410.500 Grout between floor tiles in disrepair near dish machine, not 21 days
cleanable. _..__._ .. __.......
Gap between wall and floor in living room under �l,V. Small
41fJ.5(af:1 portions of'the. vvaall near floor not fiuishcd/caleaanaalale, ?1 cla�ays
0cc:,upants reports that they have not. received the Notice of
410A00 Occupant's legal Jai hts and 1�esponsilaihties, l:7cacuauent Nvas not 21 clays
calasea°vcc1. <astec dyri11 .rn,'S1)liana Every owner of as residence
Pal.c l of°
North Andover l leaa➢th f)epartrraent
120 Nlain `street
North Anclover, MA 01 45
Phone: 979.698.9540 1�'ax: 978,689.8476
......... _ _.._.......
shall provide to each occupant or post in a location specified in 105
CM 410.400(l)) a copy of the Notice cif Occtafaants' Legal Rights
and Responsibilities issued y the Department.
4,10.500 (iara e in rear cifproperty missing; portions of'the roof. Structure is 21 days
in disrepair.
Con) fetes°al made to Building (".0 ntnissiotaer, Paut I lutchins in regards to state of ara e.
--......w_ _.__. ... -_------------
Violations noted i'ne t the conditions of' 105 C"MR 410.630 (A) Condition Deemed to F.ticicanger car
Materially Impair Health or Safety and a good faith effort must he made to correct within 24 hours of
service.
This inspection report, as Signed and certified tinder the pains and penalties of perjury.
Inspectors Signature: ( ��... Date: 1/10/24
-------------
Pa ;e2cif2
North Andover Health Department
art:ment.
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.8476
•
North Andover Health Department
Community Development Division
NORTH ANDOVER BOARD OF HEALTH
VIOLATION FORM
I)ate: 1/10/24 Time: 11:15 AM B01-1 Inspector: Shanene Pierce
Address: 233 Middlesex Street,North Andover, MA 01845
..........
Regulation Description T imeframe to►
105 CAIR Comply
............ -- ----
Evidence of rodent activity in dwelling anit. Rodent droppings
410�550 observed Linder kitchen sink, on kitchen counters near stove, on 21 days
floor next to refrigerator, arid on floor in child's bedroom near
bureau.
........................ ..........
Several holes/openings around heating piping under baseboards,
410�500 especially in dinning roorri, living room, kitchen, and child's 21 days
bedroom closest to the laundry rooni. Openings may allow for
travel and harborage of rodents.
.......... ---------- . .......
410.500 Large opening behind plumbing under kitchen sink, inside 21 days
cabinetry. Openings may allow for travel and harborage of rodents.
410.500 Large opening ar(Rmd pluinbing Linder bathroom sink, inside 21 days
eabinetry. Openings may allow `or travel arid harborage of rodents.
.......... ..........................---.......... ................
410.500 Caulking/grout in shovver in disrepair, not cleanable. 21 days
--.1-11-11.................... .......... . ......
410.500 Grout between floor tiles in disrepair near dish machine, not 21 days
cleanable.
410.500 Gap between wall and floor in living room Linder-TV. Small 21 days
portions of the wall near floor toot finished/clean able.
Occupants reports that they have not received the Notice of'
410.400 OCCUparit's Legal Rights and Responsibilities. I)octiment was not 21 days
observed posted dr.rr inl ins)ectioil.. Ever a y owner ot' residence
...........
Page I of 2
North Andover 1--lealth I)epartment
120 Main Street
North Andover, MA 01845
Phone: 978.688.9540 Fax: 978.688.8476
_ _... _w. .._. . ___ _. __.... _.. ........ ...._ ... .. .. ..... .._....,
shall provide to each occupant or past in a location specified in 105
C"MR 410.400(1)) a,copy of the Notice of Oec upants' Legal Rights
and responsibilities issued by the Department.
410.500 Garage in rear of property missing portions of the roof. Structure is 21 days
in disrepair.
Comment Refierra.l made,to Building Commissioner, Paul 1-lutchins in regards to state of garage.
...... .......... .. _ ... __. __.. _ ........ .........
Violations noted meet the conditions cal' 105 CCvl:li 410.630 (A) Condition Deemed to Endwiger or
Materially Impair Il:ealth or Safety and a good faith eCfcmwt recast he made to correct within 24 hours of
service.
'l'his inspection report is si med and certified under the pains and penalties of per'
Inspectors Signature: � � Date: 1/10/24
�'2A—e mwa
a
Page 2 cif`2
North Andover Health Department
1.20 Main Street
North Andover, 144.E 01845
Phone: 978.688, 540 Fax: 978.688.8476
The Commonwealth of' Massac00isetts
Department of Public Health
This document summarizes some mf the legal options that you may have when the owner ofa property you live imhas
not fixed certain problems in your home, as required bv the state Housing Code (105 CKNR41O.0OQ)
Talk to an attorney before you decide to withhold your rent wr take other action described here.
Safe and Healthy Rental Housing:
Rental housing in Massachusetts must meet minimunn standards to protmcLthc health, safety, and vvo||'beingmfoccupants.
The Housing Code, 105 CMR 410,000, Minimum Standards ofF/tnassfbrHu,rronHwbdotinn (State Son/bz/y Code, Chapter//l,
is the state regulation that setsthese nninimumn standards.The Massachusetts Department of Pub|ic Health, Bureau of
Climate and Environmental Health's ([SP) issues this regulation, but the standards are
enforced bylocal health departments. 1 CSP works with local health departments and the public to provide training arid
technical assistance about the Housing Code. For more information, please see
sanitation.
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
prob|em. For example, occupants need to make sure there is no food or garbage left out that cmtAd 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 rnay issue You an order to correct arid give you a certain aroOUnt of'tirne to fix the problem.
Your Right to Safe and Healthy Housing and Protection from Retaliation
If you thirik that conditions in your horne are unsafe or unsanitary and rnay 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 licAth
department. They will conduct free inspections of your horne and will order your landlord to fix any violations of the
HuuSingCode.Youcaofindountactinfornnadooforyour |oca| hea(thdepartmentbyca|UngyourciiVor1om/nha|lmrvisiting
theirm/ebsite. [|ty/t0e/m vvebsiiesare listed at: .
Your landlord is not allowed to raise your rent or try toevict you just because you have made a complaint to them urtu
the local health department about the violations. This |s 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 c.239,s.2A).
Your Right tuaHearing
You rnay ask for a hearing in front of your local Board of Health, You must do this in writing arid within the timeframes
below. If You send a written request on time to the local health departrnent, a hearing will be held within 14 calendar days,
lf you do not make a written request within the timmeframmes below,you lose the right to a hearing.The chart below shows
the reasons you may request a hearing, and the tirnefrarne you have to send the request.
Your home was not inspected bythe local health d( t 30 days froin the day you contacted health department
The inspector did not find violations you think exi, 30 daysfrorn the last inspection bythe health departaient
The inspector did not issue an order to correct vi 'or, 30 days fron-r the last inspection by the health departr"nent
ct
The inspector did riot eriforc-e 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 (1,05
CMR 41.0.840). If You do not agree with the decision, or at any point throughout the process,you can file an appeal in
hnusiogcourL.
Depending on your(ity or Lown,tNs rnay also be called a Locar Board of Health(BOH), Local Heafth Authoriky,or hispect|onal Services Dermrtrrient,
his is the loczfl code enforcement auoority responsNe for enforcing the regulations.
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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 some options as described below.
Tliese are not your only options, but they are common actions that tenants and Occupants take in these situations. Before
taking legal action, contacL an attorney to protect yourself. If you cannot afford an attorney, you may be eligible for free
legal aid services, GVto massIrfor tofindovailab|euptionsforfree |egalodvice.Tof|ndadd(tionalinfmrmahononyour
legal rights and responsibilities when your,landlord does riot fix violations of the Housing Code,visit�
or '
P9.ti9p_1: Go to Court
If Your landlord does riot fix the problerns that the local health department ordered thern to fix, or if You believe there
are problems in your horne that may be in violation of the Housing Code, you rnay 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 Housing or District
Court go to or These courts deal with
cases about residential hCiUsing including eviction, property damage, and Housing Code enforcernent, For help filing a
comp|a|nt^ 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.Lc. 111, s. 127A, [\.and)or
Refund Rent You Have Paid:You can file o 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 home had Housing Code violations, and that the owner knew about the
violations and did riot fix theiri, Breach of Warranty of Habitability can also be filed by the local health department.
Pp 2:Withhold Re U I.Re airs 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.Ajudge may
require you to pay all o/smmeof|t back. Yf they do and you don't have this money,you may be evicted, |fyou
withhold rent and your landlord tries to evict you from your home, you will need to prove, at amininnum,that:
• The viclations may endanger or materially impair the health, safety, or well-being of a tenant or occupant;2
• The rental property owner knew about the violations b.fore you started withholding your rent; and
• You did not Cause the violations.
Option 3: Make the Rep,a,,.i,,r.,s Yourself
State law allows YOU to use your rent money to pay for certain repairs (k4.G.Lc. 111, s.127L), and not pay that
amount in rent to your landlord. You cannot Withhold more than 4 months' rent in a 12-rnonth period to pay for
repairs. |f you withhold some or all your rent and use, it tornake repairs and Your landlord tries to evict you from
your home, you will need toprove:
• The local health department or court determined that the violations may endanger or materially impairthe
health, safety, or well-being ofa residential tenant; z
• The landlord was issued an Order tm Correct for those violations; and
• The owner did not start the repairs (c)r sign a contract for work) within 5 days after getting the Order tm
Correct and did not complete repairs within 14 days after receiving the notice of violations,
If you meet certain coriditions,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
he eligible for free legal aid services. Go to ofind available options for free |e8a| advice,
These are scrious violations which imkide problems such as riot having heat, hot water, electricity or gas,or exits that are blocked.
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• Print your name and address on the revue �� � "� �tig�rtt
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t _._ ........ . Is ddivery address different from oGem 1? 13 Yes
If YES,enter delIvery address below: 171 No
Eric Raposo
233-236 Middlesex Street
North Andover, MA 01845
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