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10 PORTER STREET - STREET FILE David Greenbaum RC E V E Health Department/Board of Health SEP�1 6 2019 City of Salem 98 Washington St., 3rd Floor CITY OF SALEM Salem, MA 01970 BOARD OF HEALTH Fax: RE: Trash Violation Letter/Health Dept. Issues VIA: G' f 25c 1v51�S� Dear Mr. Greenbaum, As indicated in writing via email to you earlier this week on September 10, 2019,please withdraw Ms. Carmen Berges and Ms. Elizabeth Cerda from the Trash Violation Letter issued on September 3, 2019, concerning a discarded sofa on the sidewalk of Porter Street Court. This trash violation notice is not properly issued to Ms..Cerda nor Ms. Berges, as neither are the correct legal party(s) to address this. . The correct legal entity(s)to address any such trash violation is the 10 Porter Street Condominium Trust, as well as the property owners of the residential rental building 5 Porter Street Court and 292 Washington Street(the tenants of which discarded said sofa).. We note that, in the past, the City of Salem Health Department has chronically failed and even flat out refused to perform its duties with respect to certain sanitary and code violations that were brought to its attention concerning the 10 Porter Street property. Sincerely, Eli- beth Cerda Carmen Berges PO Box 8752 PO Box 8752 Salem, MA 01970 Salem, MA 01970 Cc: Kim Driscoll/City of Salem Counsel Is CITY OF SALEM, MASSACHUSEI"I"S BOARD OF HE-\.LTH 98 WASHINGTON STREET 31'FLOOR PubliCHP�th ' Prevent.Pramate.Pralaat. TF"1— (978) 741-1800 KIMBERLEY DRISCOLL healthQ salein.com MAYORDA�'[U GREE?NI3AUnt,Rs Hr.m:rui AGENT Trash Violation Letter To: Elizabeth Cerda ®ate: Tuesday, September 3, 2019 Address: P.O. Box 6752 Time: 1:40pm City/State: Salem, MA 01970 Property At: 10 Porter Street Violation Numbers: 600: Storage of Rubbish and Garbage 601: Collection of Rubbish and Garbage 602: Maintenance of Areas Free from Rubbish and arbage B.O.H. Regulation #7 Complaint: At the side of the garage on the property facing Porter Street Court there is a red sofa on the sidewalk in contact with the garage. Have this bulk item removed from the curb and disposed of in a sanitary manner. It is important to keep one's property free of garbage and rubbish because they can attract and provide harborage for rodents and insects which can become a public health nuisance. Owner is to maintain this property in a clean and sanitary manner. (All condo owners have been sent this letter.) • A continuation of this violation or any other violation of this manner wi61 result in monetar,� citation being issue. Cc: Ward Councillor a CITY OF SAI,EM, MASS11CHUSETTS 10 BOARD OF HF 1LTII 98 WASHINGTON STREET,3R"FLOOR PPubliCHwIth Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL health salem.com MAYORD,1�'[D GRI3I NB;\U1�•I,1iS I IF?A IT-I A(.;ENT September 3,2019 Elizabeth Cedra P.O.Box 8752 Salem,MA 01970 Dear Sir/Madam: In accordance with Chapter 111,Sections 127A and 127B of the Massachusetts General laws, 105 CMR 400.00:State Sanitary Code,Chapter I: General Administrative Procedures and 105 CMR 410.000:State Sanitary Code,Chapter II:Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property at 10 Porter Street in the City of Salem by Jeffrey Barosy,Sanitarian of the Salem Board of Health,on Tuesday September 3,2019 at 1:40pm(photos taken and on file).The following violations of the State Sanitary Code were noted,as checked: CMR 410:600 Storage of Rubbish and Garbage CMR 410:601 Collection of Rubbish and Garbage CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D) BOH Regulation#7 Description of Violations:See Enclosure(s) 410.600: Stora:.e of Rubbish and Garbare (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers.Said receptacles and covers shall be of metal or other durable,rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable,rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-fitting covers as required in 105 CMR 410.600(A)provided that the plastic bags may be put out for collection except in those places where such practice is prohibited by local rule or ordinance,or except in those cases where the Department of Public Health determines that such practice constitutes a health problem.For purposes of the preceding sentence,in making its determination,the Department shall consider,among other evidence of strewn garbage, tom garbage bags,or evidence of rodents. (C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and.rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal,and shall so locate them to be convenient to the tenant that no objectionable odors enter any dwelling. (D) The occupants of each dwelling,dwelling unit,and rooming unit shall be responsible for the proper placement of her or his garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner: 410.601: Collection of Garba--e and Rubbish The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of: (A) The regular municipal collection system;or (B) Any other collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage,and is otherwise maintained so as not to create a safety or health hazard;or (D) When otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as not to create a safety or health hazard;or (E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health (see r 10410.840) 410.602: Maintenance of Areas Free From Garbace and Rubbish (A)Land: The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. (B)Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls. (C)Dwellings Containing Fewer Than Three Dwelling Units: In a dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,other filth or causes of sickness the stairs or stairways leadingto her or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs,stairways,or landing are not used by another occupant. (D)Common Areas: In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish, other filth or causes of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by the occupant exclusively. (1)The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free from garbage,rubbish,other filth or cause of sickness that part of the passageway or right-of-way which abuts her or his property and which s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he owns. Board of Health Requlation#7: 5_1 Time of Placement 5.1.11ITightly covered containers may be placed curbside for municipal collection no sooner than 6PM the evening before the scheduled collection. 5.1.2 Bags maybe placed curbside for municipal collection no sooner than 6 AM the morning of the scheduled collection. 5.1.3 All containers and bags must be placed curbside no later than 7 Am on the day of collection and must be removed from the sidewalk on the same day as. the collection.5.2Solid Waste Weight Limit There may be no more than 3 containers or 3 bags or a combination of containers and bags totaling no more than 3 and weighing no more than a total of 50 pounds each;plus one bulky waste item, placed curbside for municipal collection.5.4 Bulky Waste One bulky waste item per week may be placed for collection by residents and allowed small businesses.5.9 Yard Waste Yard Waste may not be included in regular municipal collection. It will be collected 5 times per year on a schedule agreed upon by the City and the City's contractor. Yard waste must be placed in yard waste paper bags or open containers clearly marked as"yard waste."Trimmings may be bundled in lengths no more than three feet long, (branches may not have a diameter wider than 3 inches)and weigh no more than 50 pounds. You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 77 Days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has_the right to be present at the hearing. One or more of the above violations constitutes a condition,which may endanger or materially impair the health or safety and well-being of the occupant(s)or the general public. If you have any questions,kindiv contact this office at(978)741-1800. 'For the Board of He th Reply o: L a :! e a�u ', y Barosy Health Agent Sanitarian cc: Ward Councilor r lin Ii ITS 0� �or � 7017 0530 0000 8286 9033 0� FOR"KKR us CD c �O -,Q V V J ��0 C J Sim ci F yto'� S ale�vh I(V) p — 1 U.S. POSTAGE F^M LETTER ggB�STON, MA AMOUNT 9 1000 V R2305M148276-'i� rf4is D- co x„F 01970