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HomeMy WebLinkAbout- Orders Letters and Photos - 13 ARDMORE COURT 7/23/2024 n of North Andover Board of Health ORDER TO CORRECT Date: 7/23/2024 Case# : 804C2 Property Location: To, Peter M. Barkan 13 Ardmore Court Wood Ridge Horines LLC North Andover MA 01845 7 Wells Ave, Suite 11 Newton, MA 02459 In accordance with M.G.L. c. 111, §§ 3 and 127 A, as well as Massachusetts Department of Public Health Regulations 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (State Sanitary Code, Chapter 11), an inspection was made of your property at the above address oil 7/23/2024. The attached Inspection Report lists the violations rioted during the inspection and include the timeframes in which the violations must be corrected. You are hereby ORDERED to correct these violations within the noted time limit. Failure to comply within the allotted time period may result in a criminal complaint against you. Violations identified as CDE are Conditions Deemed to Endanger or Impair the Health or Safety of the occupants, which may permit the occupant of the dwelling to exercise one or more of their statutory remedies. You have a right to request a hearing before the Board of Health. This request must be made by you, in writing, and filed within severs days after the day this Order was served. If you request a hearing, all affected 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. The petitioner has the right to be represented at the hearing. Every occupant of a dwelling unit or rooming unit shall give the owner, their agent, or employees, upon reasonable notice, reasonable access, if possible, by appointment, to the dwelling unit or rooming unit for the purpose of making repairs necessary to satisfy this Order. A re-inspection will be conducted to confirm compliance with this Order. Compliance means meeting all the requirements of 105 CMR 410.000. It shall also mean correcting any violations of 105 CMR 410.000 in a workperson like fashion and restoring all parts of the dwelling, or Unit thereof, to the condition they were in before occurrence of any such violations. Compliance shall also mean in those cases where licenses or permits are required to perform work necessary to correct the violations, Such as, but not limited to building, plumbing and wiring that the appropriate official certifies that the work has been completed in accordance with applicable laws and regulations. North Andover Board of Health: 120 Main Street, North Andover, MA 01845 (978) 688-954C n of North Andover Board of Health 2 Date: 7/23/2024 ORDER TO CORRECT Case# : 804C2 Property Location: To: Peter M. Barkan 13 Ardmore Court Wood Ridge Homes LLC North Andover MA 01845 7 Wells Ave, Suite 11 Newton, MA 02459 Any person who shall fail to comply with any order issued pursuant to the provisions of the State Sanitary Code, Chapter 11, 105 CMR 410.000 shall upon conviction be fined not less than ten ($10) dollars nor more than five hundred ($500) dollars. Each day's failure to comply with the order may constitute a separate violation. If You have any questions concerning this matter, you may contact this office at 617,445.1649, Sincerely, Inspector North Andover 1301-1 North Andover Board of Health: ago Main Street, North Andover, MA 01845 (978) 688-954C -1 15 ;�rw�� Town of North Andover Board of Health Inspection Report SSC 105 CMR 410.000: Chapter 11, Minimum Standards of Fitness for Human Habitation Case#: 804C2 Inspection Date: 7/23/2024 Case Status: OPEN Inspection Time: 10:03 AM Inspected by: Shanerie Pierce Inspection ID: 5086C Complaint Date: 7/22/2024 Inspection "I"ype: Complaint - Physical Complainant: Occupant Comprehensive Inp?: Yes Complaint Description Mold in unit. Apartment has been tested and it is at a very high rate. r11rig inform"ation Complaint Address: 13 Ardmore Court North Andover MA 0184 Sleeping Rooms: Year Built: Sanitary Drainage: #of Children<6: Water Source: Currentiv Occupied: Who Pays Water: #of Occupants: Submetering Form on File: Floors: [-lot Water Fuel: Stories: Heating Type: Dwelling Units: Who Pays Heat: Room Units: Owners resides on Site: Habitable Rooms: Owner lives in which Unit: Owner Information OccupantoInformation Peter M. Barkan Mary Anti Dunn Barkan Management Company„ Wood Ridge Hornes I_LC 13 Ardmore Court Inc. AMO 7 Wells Ave, Suite 11 North Andover, 01845 Wood Ridge Homes Newton, MA 02459 10 Wood Ridge Drive North Andover, MA 01845 North Andover Board of Health: 120 Main Street, North Andover, MA 01845 ( 7 ) 688-954C INSPECTION REPORT 2 Inspection Date: 7/23/2024 13 Ardmore Court Inspection Time: 10:03 AM North Andover, MA 01845 Inspection ID: 5080C Bathroom 410.500(A)( ): CDE Owner's Responsibility to Maintain Building and Structural Elements 130 day(s) Responsible Party: Owner Observations: Caulking in disrepair and not cleanable throughout shower area. Code Description: (A) Every owner of a residence shall maintain all buildings and structural elements in compliance with accepted standards so they are in good repair and in every way fit for the intended use, ir"tr,ludir"tg. (2) Free frorrr holes, crags, loose plaster, or defects that renders the area difficult to keep clean, create an injury risk, or provide an entry or harborage for pests. Bedroom' 2 410w500(A)(1): CDE Owner's Responsibility to Maintain Building and Structural Elements / 30 day(s) Responsible Party: Owner Observations: Water Main on ceiling In, master beCtroorrt. Code Description: (A) Every owner of a residence shall maintain all buildings and structural elements in compliance with accepted standards so they are in good � repair and in every way fit for the intended use, inclrrding: (1) Protected from wind„ rain and snow, and are watertight, free from excess moisture or the appearance of mold„ and pest resistant North Andover Bogard of Health: r2o Main Street, North Andover, CYSA oi845 (978) 688-9 4C INSPECTION REPORT 3 Inspection Cate: 7/2.3/2024 13 Ardmore Court. Inspection Time: 10:03 AM North Andover, MA 01845 Inspection IC: 5086C Exterior 410. 50(C)(1): Elimination of Pests / 7 day(s) to correct, Responsible Party: Owner � ' ' r`'��i�R" Observations: Active wasp nest observed in exterior entry way of unit. �� �W 1�a Code Description: Owners and occupants are responsible for the control and elimination of pests as follows: (C) Extermination shall be accomplished by: (1) Eliminating the harborage places of insects and rodents H4 ` W MpI 410.500(A)( ): CITE Owner's Responsibility to Maintain Building and Structural Elements / 30 ;tr����ay(s) Responsible Party: Owner Observations: Water strain and peeling paint oil ceiling in laundry room. ,,,y✓1,��,ti ��„�,�?��,/, r Code Description: A Every owner of a residence shall maintain all buildings and �' / / irr6%�'%iJ%%ai, structural elements in compliance with accepted standards so they are in good repair and in every way fit for the intended use, including: (2) Free from boles, cracks, Noose plaster, or defects that renders the area difficult to keep clean„ create %an injury risk, or provide an entry or harborage for pests. v sh North Andover Board of Health: 120 Main Street, North Andover, MA 01845 ( 78) 688-954c INSPECTION REPORT 4 Inspection Date: 7/23/2024 1.3 Ardmore Court Inspection Time: 10:03 AM North Andover, MA 01.845 Inspection ID: 5086C; Living 'Rpom, 410.500(A)(2): CDE Owner's Responsibility to Maintain Building and Structural Elements / 38 ay(s) Responsible Party: Owner Observations: Caps between flooring in living room. Surface not cleanable. Code Description: (A) Every owner of a residence shall maintain all b0dings and structural elements in compliance with accepted standards so they are in good repair and in every way tit for the intended use, including: (2) Free from holes, fy cracks, loose plaster, or defects that renders the area difficult to keep clean, create an injury risk, or provide an entry or harborage for pests. North Andover Board ofHealth: 120 MainStreet", North Andover, MA o1845 (978) 688-954C INSPECTION REPORT 5 Inspection Date: 7/23/2024 1.3 Ardmore Court Inspection Time: 10:03 AM North Andover, MA 01845 Inspection ID: 5086C ----------------------------------------------- ginatores Inspector Occupant This inspection report is sigr7ed and certified under the pains and penalty of pe1jUry North Andover Board of Health: 120 Main Street, North Andover, MA 01845 (978) 688-954C --------------------------- The Commonwealth of Massachusetts —�� Department of Public UleaUth Nofice of Occupants' Legal Rights and Responsibilities This document summarizes some of the legal options that you may have when the owner of a property you live in has not fixed certain problems in your home,as required by the state Housing Code(105 CK8R410.00O).This is not legal advice.Talk toan attorney before you decide to withhold your rent ortake other action described here. Safe and Healthy Rental Housing: Rental housing in Massachusetts must meet nnin|rnum standards to protect the health,safety, arid well-being of Occupants.The Housing Code, 105 CMR 410,000, M/n/nnum Standards o/Fitness for/funnoo Habitation (State Sanitary Code, Chapter/1), is the state regulation that sets these minir'nUrn standards. The Massachusetts Department of Public Health, Bureau of Environmental Health's Community Sanitation Prograrn (CSP) issues this regulation, but the standards are enforced by local health departments. [SP works with local health departments and the public to provide training arid 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 hornes or apartments need to meet.There are sorne problerns like pests, niold,and keeping exits clear,that might need the owners arid Occupants 1u 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 hyyour request or for another issue,the local health departililent may tell YOU there is something that you need to fix.The local health department may issue you ail order to correct and give You a certain amount of time to fix the problem. Your Right to Safe 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 contact your local health departrilent.They will conduct free inspections Of Your home and will order your landlord to f ix ally 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 websi1e. City/town o*ebsites 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 or to the local health department about the violations. This is called retaliation, arid you may be able to sue the landlord for damages if this happens (M.6.Lc.l86, s.18 and c.23B, s.2A). Your Right to a Hearing You nlay ask for a hearing in front of your local Board of Health. You must do this in writing and within tile tirneframes below. If You send avvritten request on time 1othe local health department, m hearing will be held within 14ca|endar days. If you do not make a written request within the timeframes below,you lose the right toahearing.Thechart below shows the reasons You rnay request a hearing, arid the timeframe you have to send the request. Reason You May Request aHearing Number mf Days tV Make the Request inWritiogYourhome was not inspected30 days from the day You contacted health departmentThe inspector did not find violations you think exist3O days frorn the last inspection by the health departmentThe inspector did riot issue an order to correct violatiolls30 days from the last inspection by the health departn'lent'The inspector did not enforce the order to correct45 days from when the owner received the order to correctWithin five days after the hearing,the local health department is required to issue a final decision oil your corriplaint (105 CMR 410.840). If you do riot agree with the decision, or at any point throughout the process,you can file all appeal in housing court. Your Options ifan 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. These are riot Your only options, but they are common actions that tenants take in these situations. Before taking legal action, contact an attorney to protect Yourself. If You cannot afford an attorneyyou may be eligible for free legal aid services. Go to To find additional information on tenant legal rights and responsibilities, visit: or . 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 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 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 rnay file a petition in Housing or District Court to order the owner to fix the violations of the Housing Code (K8.6L. c. 1I1, s. 127A, Q. ancilor 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 time that there were Housing Code violations. You can claim either1) Breach mf Warranty nfHabitability or2) Unfair arid Deceptive PracL�ces (hO.G.Lc. 93A), orboth. For both daims, YOU wiN need to prove that your home had Housing Code violations, and that the owner knew about the violations and did riot fix therri. Breach of Warranty 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 sorne or all of your rent payment until they make repairs (K8.Gl. c. Z39, s. 8A). Save the rent money you withhold.A judge may require you tv pay all or some of it back. If they do and you dont have this money,you rnay be evicted. If You withhold rent and your landlord tries to evict YOU frorn your horne,YOU will need to prove, at a minirnurn,that: � The violations rnay enclanger or materially impair the health,safety, or well-being of a tenant; � 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 riot pay that amount in rent to Your landlord, You cannot withhold niore than 4 months' rent in a 12-month period to pay for repairs, If you withhold some or all your rent and use i1tn make repairs and your landlord tries tV evict you frorm your home, you will need toprove: 0 The local health department or court determined that the violations may endanger or materially irnpair the health, safety, mr well-being ufa residential tenant;' � The landlord vvasissued an Order to Correct those violations; and � Theowner did riot start the repairs (or to sign a contract for work)within 5 days after getting the Order and did riot cmmp|ete repairs within l4 days after receiving the notice ofviolations, Option 4:End your Lease Early arid Move If you meet certain conditions, you may be able to end your lease or rental agreement and move out within a reasonable firne. Contact an attorney to find out more about thiS Option, If You cannot afford an attorney,you may be eligible for r` ram-� eq f a;,Fee D- ' Ir 1 Emm, Sent,cis&Fees jtpa r ,s a - r a t Ci [f o,�`dcop>) 5 � omif€a;m d `ri . mob € ru z R $ ` s_ s }teae . p $ r-q To IP and FoesiSe r r `'