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HomeMy WebLinkAbout- Orders Letters and Photos - 44 ROYAL CREST DRIVE 2 1/2/2024 77, /ry « North Andover Health Department (emmunity and Economic Development Division NORTH ANDOVER BOARD OF 1JEA.LTF1 ORDER TO CORRE:C T Issued under-the provisions of 105 Code of Massachusetts Regulations (CM R) 410.000: �Irninznna . taanriaarets c�f Fitness or~Hunnan ThINtation, Slate Sr..arrxfe'ry Code, Chapter 11 January 2,2024 To Owner: AWCO/PI"I`A M 235 nree coneria " ower '13,155 Noel Rod,`ate 100 LB235 I)allas,"I"N 5240-50 C1 E:44 Royal Crest I)rive, Limit 2, North Andover, MA 01845 Dear Owner: I'Iae North Andover- h-lealtha I)e partnae nt Personnel conducted an authorized inspection of your property at the above referenced address Or) January 1, 2024 in response to a complaint filed with this I)epaart runt. J'he inspection revealed violations of tlacx State Sanitary Code, Chapter II as listed can the attached Violation Form. You area he.re4ay ORI)ERIJ) to correct the violations within the time allotted can the enclosed form. Failure to comply within the specified tinge„ period will result: in a fi:rte of up to $500 per days' in accordance with :105 C"t R 41.0.920 of than State Sanitary Code. "I"he fine will. continue to accrue until the srrlaject property is brought into compliance with this Order to Correct. Each day or portion thereof during which the violations continue shalt constitutes a separate offense:. You have the right to request a hearing before the Board of Health if'you feet this Order to Correct should he modified or withdrawn. A. request for said hearing must be niaade in writing and received eived.by the Flealth I)epar°tnien.t within seven (7) days from receipt of this Order. At said hearing you will be given an opportunity to be heard and to present,witnesses and documentary evidence as to why this Order should be modified or cn ithdrawvn. All affected y p uro4 a.eant to the provisions ovisi�,� �p°a��o`lur°r�to a"e�rar�r ar rt a ark"r,�r~a��a°r�.c°ere," rxrw�a 10-5 CA4Yi"4pCr.00(1 sdarxtp arprcrrr convtaFe'ern he f inare�rter!le��.r staarr,�l(1.racr n�rr rrsr�rer tlrurt £'+.�7JCr l?�r'r��lr el�yr"�firePtrre�tag e;�rxrtprdp,�vittr pan r,rrep<r•whaC/e;rarz4tidzrlu>ax separate Wolarion ('Illy CAIR 410.920), Page 1 of 2 North Ant°Iove*r I1eatlth 1)cpaar'tntent. 120 Main Street North Andover, MA 01 45 Phone: 97 .6 .9540 Fax:: 97 .68 .9542 parties will be informed of the date, hine and place of the heariiil,, and of their right to inspect and cop), all records concerning the matter to be heard. You may be represented by an attorney. 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 oc.c,upant of the residence to exercise legal rights outlined in the Notict,of Ot.-cupant's Lq?,al Rights and Responsibilities issued by the Department of Public Health C011.11111,111ity Sanitation l'rograrn (CSP), Please call the North Andover Health Department at (978) 688-9540 for a re-inspection. A re-inspection performed by the North Andover Health J-)ep artment is required in order to issue a letter of compliance. If you have any questions, cornmerits or concerns, please feel fnle to call in(w between the hours of 8:00-4:30 onNlonday, Wednesday and Thursday, 8:00-6:00 can. Tuesday and 8:00-12:00 on Frida.y. Any questions rel,,arding this matter can be answered through the North Andover Flealth Department. 'rhis, is an in-tPortant legal docurrient. It may affect yejpj rights. You should have it translated. Este es on documento legal importante. Es posible clue afecte sus derechos. F)eberia traducirlo. Este 6 urn clocurnento legal importante. Ije pode afetar sous direitos. 1,aconselhdvel traduzi- to. Sincerely, Shanene North And(iver Public health Inspector CC: Brian LaGrasse, North Andover Director of Public f lealth; Board of Health; Maria DiGiaconio, (".onimianity Manager of Royal Crest Estates North Andover, 50 Royal Crest Drive, North Andover, MA 01845 CU'rIFIED MAIL #7020 1810 0001 17)6 7165- Occupant; and File Sent via: CERTIFIED MAIL # 70201810 000 1,j 796.72264; and ............. ................... First Class Mail page 2 of 2 North Andover Health Department 120 Main Street North Andover, NIA 01845 Phone: 978.688.9540 Fax: 978.688.9542 w N�III� 'Yll�fi Ed, �l/ • w North Andover Health Department Community Development Division NORTT-I ANI) )V BIZ BOARD OF HEALTT-I VIOLA,rION FORM Mite: 1/2/24 Time: 9:20 AM 13011 Inspector: `haaaaene Picrec Address: 44 Royal (-'rest ]-)rive, Unit 2, North Andover, MA 01.845 Rey rrlaatiorr T"irnefraarne� to 1.0 (l'f1�R I:)esr�.r ipt c►rr. C:'orraply _ .....__..... _.... _.... ... .... .. _ ........_.. ............ 410.500 faint bubbling on walls near vanity in master bathroom. 21 days 410.500 Sonic paint bubbling, can ceiling above shower in toaster bathroom. 21 days lyletltiple areas of`wallpaper in disrepair in front stairwell. Wall�.11().5()(:) 21 days surfaces slaaall he stnooth, cleanable, and not, in disrepair. Bike stored in hatlkvay on landing closest to unit 9, Partially 410.260* blocking egress. Shoes store on top of stairs across from hike, poses 24 he tits as a potential trip/accident hazard. Multiple standing decorations stored can landings in front staairwc:ll 41(). f G)'°°' posing as a potential tri x/aacciderit hazard, 24 laa aaa° l� �; " e° ° l� 1 410.235 Mailboxes can callhox tanit is in disrepair and sloes not appear to 2 locl� as designed to, 1 (lays. .... .. Violations noted tnee.t the conditions of 105 CN4R 410 f),30 (A) ("'ondition l)eerned to V'ndaange.r or Materially Impair l leahh or Safety and a good faith effiart roust be made to correct within 24 horn•s of service. "]'his inspection report is signed and ce.tlif ied tinder the pains and penalties of perjt.ury. Inspectors Signature: Mate: 1/2/24 ------_ ... ..... _ __. ...... _... ["age 1 off North Andover Eleaalth la)elaaaatment 120 Main Street. North Andover, MA 01845 Phone: 92 .689.9540 1`a:x: 978.6 .8476 ��n� �� 0�0NK�0��� of Massachusetts = = ~~~ ����� � ^,� °"= ~~~~ Department ofl10L0^N~ctle�Uth Notice of Occupants' Lef!al Rij,)Fhts and Responsibilities This document summarizes some of the legal options that you may have when the owner of a property you live inhas not fixed certain problems in your home, ac required by the state Housing Code (1O5 CK8R 410.000).jhjs 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 Massachusetts must meet mininlurn standards to protect the health, safety, and well-being ofOccupants. The Housing Code, A�/n�nu/n3�ondordsof�tne�sforHunvunHob�odoo /��o&slon/bo/y[md� Chapter is the state regulation that sets these rninirnurn standards. The Massachusetts Department of Public HeaIth, Bureau of Environmental Health's Community Sanitation Pr rarn ([SP) issues this regulation, but the standards are enforced by local health departments,1 CSP 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 10 meet.There are some probiems like pests, mold, and keeping exits clear',that might need the owners and occupants to work together to fix the problem. For exanip�e, occupants need to make Sure there is no food or garbage left out that could attract pests orkeep their belWlgingS 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 aniount of tirne to fix the problem. Your Right to Safe and Healthy Housing and Protection from Retaliation If You think that conditions in your horne are unsafe or unsanitary arid may violate the HOUSirIg Code,you should contact Your local health depadment.They will conduct free inspections of your home and will order your landlord to fix any violations of the Housimg Code,You Can find contact information for your local health depat-trInerit by calling your city or tQuym hall or visiting their website. City/town xvebsite5 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 urto the local health department about the violations. This is called retaliation, arid you may be able to sue the landlord for darnaXesif this happens (M.G.L. CAN, s.l0 and c.239, y.ZA). 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 timefr6mes below, |f you send a written request ontime,to the local health departrnent, a hearing will be field within l4 calendar days. |f you do not make a written request within the t|moefranmea below,you lose the right toahearing.The chart below shows the reasons YOU may request a hearing, and the tirnefrarne you have to send the request. tAnWritilh Your home was not irispected 30 days,from the day you contacted health department I-lie inspector did riot find violations you think exist 30 days from the last inspection by the health departrnent The inspector dici riot issue an order to correct violations 30 days fron'i the last inspection by the heaIth department ."rhe inspector did riot enforce the order to correct 45 days frorn 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 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. `Depending on your city or town,Ws rray a iso be call ed a Loca I Board of Health(80H),Lora I H ealth Amhurity,or|specdona�Services Depaamant Thlsis the|oca|code enfmrcementauthorhY responsible for enforcing themgu|at}ons. xx�v7m�� Your Options if an Owner Does Not Fix the Problems If your landlord does not fix violations of the Housing Code in yotv-home,you may have sorne options as described below. 1'hese are riot your only options, but they are comr-non actions that tenants take in these situations. Before taking legal action, con tact an attorney to protect Yourself. |f you cannot afford an attorney,you may be eligible forfree |ega| aid services. Goto MmAassirf.orpo �ndgva0oWewpd�waforfree |e��| �dvi�e�ToAmdadditiona� informadonontenan1 |e�a| rights and responsibilities,visit: or . QpfiQ!j_j: Go to Court If your landlord does riot fix the problems that the local health department:ordered thern to fix, or if you b eflieve there are problems in Your horne 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 Housing or District Court gotpo �Th�secour1sdea| vith cases about residential housing including eviction, property damage, and Housing,Code enforcement. For heip'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 departnient may flie a petition in Housing or District Court to order the owner to fix the violations of the Housing Code (K8.G.L. c. 112, o. 127A, C). unoynr Refund Rent You Have Paid:You can file a complaint reqUesting that Your landlord pay back all or part ofthe rent YOU paid during the dmgthat there were Housing Code violations. You can clairn either 1) Breach of Warranty of Habitability or2\ Unfair arid Deceptive Practices (M.G.Lc. 93A), orboth. For both claims,you will need to prove that your home had Housing Code violations, and that the owner knew about the violations arid did not fix thern, Breach of Warranty can also be f0ed by the local health department. Ppti If YOUr landlord does not correct certain housing code violations, you may he able to hold back sorne or all of your rent payment until they make repairs (M.G.L. c239, s. 8A).Save the rent money you withhold.A ^odQemay require you to pay all or some of it back. If they do arid 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 rninimurn, that: • The violations rnay endanger or materially irr1pair the health, safety, or well-being of a tenant;' • Therenta| proper1yom/ncrknewaboutthnvio|adonsbeforeyoustartedvvithhm|dingyourrent; and • You did not cause the violations. Qptl Qp_3�_Nt4ke t. airs Yourself State law allows you to use your rent money to pay for certain repairs (M.G.L.c. 11.1, s.1.27L.), and not pay that ar'nount in rent to your landlord. You cannot withhold rnore than 4 months' rent in a 1.2--niorith period to pay for repairs. If you withhold some (K all YOUr rent and use it to make repairs and your landlord tries to evict you frorn your home, You Will need toprove: • The local health department orCourt determined that the violations may endanger or materially impair the health, safety, or well-being ofaresidentia|tenant; z • The landlord was issued an Order Lo Correct those violations; arid • The owner did riot start the repairs (or to sign a contract for work)within 5 days after getting the Order and did not complete repairs within 14days after receiving the notice ofviolations. |f you meet certain conditions, you may be able to end your lease orrental agreement and move out within a reasonable tinie. 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. GoLo mfind available options for free legal advice. uThecearcserimusv|o|aiionsvvNchindudeprob|emssuchasnuthavinQheat, ho1water, e|ectricitymrgos, oreuits1ha1are6|mcked. xx'" 7n7I ^ rt wn m mii a wr i r.- rm T i"`Was �1' l m�rnm n,, mrw� r [ zlr J wa rr r' .,._.,.,�....,,,.,,. dautukSPluG _ _,.. P Yn@A^G,� °rwa" .'rrq➢� box vlc"ftMy�ndarP�m.„ e El Rist ur Flocalgw dmoftlr.w' =' ssr Bonn M E.N C;�,mn��da(ed MO rrevv�«aunvn rWiv ��W.. _....... gnrs UjAa UO jg1l nrre Rar"tOnrdAduK �, & fpzbos�BrwaCsttod 4.7untrmy t _._.:.'�;:. ...... ....`; .° restn.tn4 .. .._... ...,�. � .M....,..... z 3 T ru ........................ THIS SECTION F'C COMPLETE 40t THIS Sr TION ON DEUVrRY II I III � I ■ cmplete^it"ems`i„w2,and 3, Am • Print your name sirid address cn the reve � rrt so that we can return the card to you, t, _©Addressee? .. • Attach this card to the back of the mailpiece, B ecetved by�� G'� ste of Delivery or an the front if space permits. Is deOvery,addmw df1ierent from Item 1 CTYes )f yfsf rrter delivery aide below; p No AIMCgd TTA MS,235 4 Three-Galleria Tower ��� �� 9w�� � ��"'k 13155 Noel Road Ste 100 L8235 Y11 Dallas, TX 75240-5090 �r _ . eavice 5 ,d 0 W'wtirppzriry MW F'P sV M Ad 0 Cartlfied Mails A�estr6ctnd Oa41Vrry C7 De very Ma4rRbstric4sd 9590 9402 7829 2234 3870 29 M Certlfin<d MO rtnstrictnd grr89 ey `p9ginsturn C ondimistlon'm c r�creOct On Iu0very o s5 g«nwarivrn confirmation ?. Artpc@ca Number r fPrrrt der fanen st rvdc—---- � .�. 0 C';aa�anre nn rtradovnry R+1$1rocte d mole yr R watricte d fDeRv" 0 insured hvkO ?0 0 1810 0001 1796 7264 assured map Rested r��eivnay Lover$500 PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt omm h d'b Ira � Ln r11 x � rt Um rj 17 w , !^ a lrku0dnz9 fi G au6 5 �a -.. 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Signature Mi Print your name and address on the reverse 0 Agent so that we can return the card to you. ©Addressee 0 Attach this card to the back of the maiipiece, B, Recall by ilpfinted Name) C. t7a livery or on the front If space permits. __,... ... r7 lc rtArn,Arwr A(idress different from Item 17 ff Yes iellvery address below: Maria [7iGiac©mo °No Community Manager of Royal Crest, NA 50 Royal Crest Chive North Andover, MA 01845 111111111 IN 1iv ..� _ 0 Priority Registered Maiail pr s 11111111111111 1111111111 0 Adult Signature Re+strlcted Delivery CI Registered Mail Restricted Adult,�agnature JC1 432 7329 2234 3870 1 certified malal strlctard L1 Certified mail Restricted Delivery 0 Dallalu e Confirmationrr" fJ Collect on ueuvery C&wai ure uorrrennatlnn n nMinla NramhAr fir"ansfav lrrrm'service fabef) 0 Collect ory Delivery Restricted DeWery Restricted Delivery 7 CI C] 1,810 0001 1796 71r 6 4 0 Insured mail C7 Insured MaPI Restricted'Delivery over$60fI PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt