12 AND A HALF BOARDMAN STREET STATEMENT OF FACTS FOR CRIMINAL COMPLAINT 1-10-2023 i *;•
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
98 W 3SHINGTON STREET 3R"FLOOR PablicHealth
f Prevent.Promote,Protect.
TEL. (978) 741-1800
ROBERT MCCARTHY healthksalem.com
DAVID GREENBAUM,RS
ACTING MAYOR HEALTH AGENT
January 10, 2023
Dear Sir or Madam,
On January 15, 2021, an inspector from the Salem Board of Health, Jeffrey Barosy,
responded to a complaint which claimed 12 '/2 Boardman Street had unused household
furniture collecting outside at the rear of the property. After the inspector confirmed the
violations an order letter was mailed to the property owner, Richard Kravetz through the
12 '/2 Boardman Street, LLC, on January 22, 2021 stating the property is in violation of
105 CMR 410.000 regulations .600, .601, and .602. The order letter stated the property
owner was to clear the property of the unused household furniture to prevent providing
harborage for rodents and insects. The order letter gave the property owner twenty-four
(24) hours, upon receipt of the order letter, to start making a good-faith effort to correct
the violation.
On a date between February 3, 2021 and February 18, 2021 the inspector contacted
the property owner by phone. During the conversation, the inspector articulated that the
unused household furniture had to be removed from the property and disposed of in a
sanitary manner. The property owner articulated he was not in violation of any laws or
regulations and challenged the inspector to state what law or regulation he violated. The
inspector stated it was 105 CMR 410.000 as written on the order letter mailed to the
property owner prior.
On February 18, 2021, the violation was observed to have not been corrected and a fine
of$50 was issued against the property owner. On March 2, 2021, the violations was
observed to have not been corrected and a fine of$75 was issued against the property
owner. On March 15, 2021, the violations was observed to have not been corrected and
a fine of$100 was issued against the property owner.
On May, 3 2021 the inspector called the property owner and left a message on the
property owner's voicemail stating the issue would be brought to Housing Court if not
corrected.
On May 12, 2021 Salem District Court issued a Notice of Magistrate's Hearing on
Complaint Application. The hearing was scheduled to take place on June 1, 2021.
On June 1, 2021 a hearing took place before an Assistant Magistrate in Salem District
Court. The property owner did not appear for the hearing. The Assistant Magistrate and
the inspector called the property owner and conducted the hearing over the phone. The
hearing ended with the Assistant Magistrate ordering the property owner to clear the
property of the household furniture.
On October 7, 2021 a Criminal Complaint was issued by Salem District Court.
On May 6, 2022 the Criminal Complaint was dismissed by Salem District Court.
On June 23, 2022 the inspector observed that household furniture remained at the,rear
of the property with additions of a hot water tank, and closed plastic containers. The
inspector observed a rank odor from one of the plastic containers.
On June 30, 2022 the inspector issued a new order letter to the property owner.
On the following dates monetary fines were issued to the property owner for
noncompliance with the second order letter:
• August 9, 2022 ($50)
• August 24, 2022 ($75)
• August 31, 2022 ($100)
• September 7, 2022 ($100)
• September 14, 2022 ($100)
• September 21, 2022 ($100)
• October 5, 2022 ($100)
• October 12, 2022 ($100)
• October 19, 2022 ($100)
On January 11, 2023, the inspector observed that the violation had not been corrected.
On the same date the inspector confirmed that none of the new monetary fines issued
against the property owner have been paid.
Therefore, the Salem Board of Health is asking the Salem District Court to order the
property owner of 12 '/2 Boardman Street, Richard Kravetz through the 12 Y2 Boardman
Street, LLC, to bring the property into compliance with 105 CMR 410.000, and refrain
from collecting unused household furniture, bulk items, garbage, and rubbish on the
property without the intent to dispose of them in a timely and sanitary manner.
For he B d of Health Reply to:
4reDavid Gre nbaum arosy
Health Agent ! Sanitarian