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HomeMy WebLinkAbout- Orders Letters and Photos - 3 ROYAL CREST DRIVE 12 2/22/2024 North Andover Health Department Community and Economic Development Division NORTH ANDOVER BOARD OF HEALTH ORDER TO CORRECT Issued under the provisions of 105 Code of Massachusetts Regulations (CMR)410.000: Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II February 22,2024 To Owner: AIMCO/TTA MS235 Three Galleria Tower 13155 Noel Road,Ste 100 LB235 Dallas,TX 75240-5090 RE:3 Royal Crest Drive,Unit 12,North Andover,MA 01845 Dear Owner: The North Andover Health Department personnel conducted an authorized inspection of your property at the above referenced address on February 20, 2024 in response to a complaint filed with this Department. The inspection revealed violations of the State Sanitary Code,Chapter II as listed on the attached Violation Form. You are hereby ORDERED to correct the violations within the time allotted on the enclosed form. Failure to comply within the specified time period will result in a fine of up to $500 per day' in accordance with 105 CMR 410.920 of the State Sanitary Code. The fine will continue to accrue until the subject property is brought into compliance with this Order to Correct. Each day or portion thereof during which the violations continue shall constitute a separate offense. You have the right to request a hearing before the Board of Health if you feel this Order to Correct should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department 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an opportunity to be heard and to present witnesses and documentary evidence as to why this Order should be modified or withdrawn. All affected 1 Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000 shall upon conviction be fined not less than$10.00 nor more than$500. Each day's failure to comply with an order shall constitute a separate violation(105 CMR 410.920). Page 1 of 2 North Andover Health Department 120 Main Street North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.9542 parties will be informed of the date,time and 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 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 occupant of the residence to exercise legal rights outlined in the Notice of Occupant's Legal Rights and Responsibilities issued by the Department of Public Health Community Sanitation Program(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 Dep artment is required in order to issue a letter of compliance.If you have any questions,comments 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 Tuesday and 8:00-12:00 on Friday.Any questions regarding this matter can be answered through the North Andover Health Department. This is an important legal document. It may affect your rights. You should have it translated. Este es un documento legal importante.Es posible que afecte sus derechos. Deberia traducirlo. Este a um documento legal importante.Ele pode afetar seus direitos.E aconselhavel traduzi- lo. Sincerely, I i Shanene Pierce North Andover Public Health Inspector CC: Brian LaGrasse,North Andover Director of Public Health; Board of Health; Maria DiGiacomo,Community Manager of Royal Crest Estates North Andover, 50 Royal Crest Drive,North Andover,MA 01845CERTIFIED MAIL#9589 0710 5270 0977 7275 70; Occupant;and File Sent via: CERTIFIED MAIL#9589 0710 5270 0977 7275 87 and First Class Mail Page 2 of 2 North Andover Health Department 120 Main Street North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.9542 • LED�6q� • • • R 4 North Andover Health Department Community Development Division NORTH ANDOVER BOARD OF HEALTH VIOLATION FORM Date: 2/20/24 Time: 12:30 PM BOH Inspector: Shanene Pierce Address: 3 Royal Crest Drive,Unit 12,North Andover, MA 01845 Regulation Timeframe to 105 CMR Description Comply PY Ceiling ventilation fan in master bathroom would not hold up a 410.500 piece of paper during the inspection. Insufficient mechanical 21 days ventilation observed. 410.550 Evidence of rodent activity in kitchen area. Rodent droppings 21 days underneath stove. 410.500 Caulking between kitchen counter and backsplash in disrepair and 21 days on longer watertight or cleanable. 410.500 Gap between shower control and wall plate. Area not watertight or 21 days cleanable. 410.500 Gap between plate cover and wall on shower head in master 21 days bathroom. Area not watertight or cleanable. 410.500 Fire door in second floor hallway does not close properly. 7 days Comment Mouse traps and bait boxes from pest control company observed in unit * Violations noted meet the conditions of 105 CMR 410.630 (A) Condition Deemed to Endanger or Materially Impair Health or Safety and a good faith effort must be made to correct within 24 hours of service. This inspection report is signed and certified under the pains and penalties of perjury. Inspectors Signature: Date: 2/20/24 t �•c. Page 1 of 1 North Andover Health Department 120 Main Street North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 Postal 17�- CERTIFIED MAIL@ RECEIPT Domestic Mail Only ti <� ceruneig Extra Services&Fees(check box,add fee as eoo-pdate) 0 ❑Return Receipt(hrudco ) O ❑Return Receipt(electronic) Iti [ICertified Mall Restricted Delivery $ B�B N []Adult Signature Required $ Lrl ❑Adult Signature Restricted Delivery$ Postage G $ [r-q Total Postage and Fees o $ , Sent To Er t_- ...-- -------- :LS? CO street and .1�10.,or- 90�No. +1"' fT ..' 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If you cannot afford an attorney,you may be eligible for free legal aid services. Go to masslrf.org to find available options for free legal advice.To find additional information on your legal rights and responsibilities when your landlord does not fix violations of the Housing Code, visit: masslegaIheIp.org/legal-tactics or made uptocode.org. Option 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 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 mass.gov/orgs/housing-court/locations or mass.gov/orgs/district-court/locations.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 mass.gov/info-details/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, Q.and/or 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 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 not fix them. Breach of Warranty of Habitability can also be filed by the local health department. Option 2:Withhold Rent Until Repairs are Made If your landlord does not 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 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 from your home,you will need to prove, at a minimum, that: • The violations 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 before you started withholding your rent; and • You did not cause the violations. Option 3: Make the Repairs Yourself 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; 2 • 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 5 days after getting the Order to Correct and did not complete repairs within 14 days after receiving the notice of violations. Option 4: End your Lease 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. Go to masslrf.org to find available options for free legal advice. z These are serious violations which include problems such as not having heat, hot water,electricity or gas,or exits that are blocked. KAo 7l172——A-1 IV——k—7l172