191 FEDERAL STREET TRASH LETTER 2017 CITY OF SALEM, MASSr1CFIUSETTS
BOARD of HEALTH A1111iCHCalt11
120 W.:ISHINGTON STREET',4...FI,OOR vrnl,rr,.mp,e.r•,o,«,.
TEL. (978) 741-1800 FAX (978) 745-0343
KIMBERLEY DRISCOLL health@salem.com
L,\RRl'R,\i\IllIN,RS/RI',IiS,CFA1,fal I S
MAYOR HI?;\l;1'I I A(;FNI'
August 2,2017
Goldberg Properties
7 Rantoul Street,Suite 100 B
Beverly,MA 01915
Dear Sir/Madam:
In accordance with Chapter 111,Sections 127A and 127E 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 191 Federal Street in the City of Salem by Janet Mancini,Sanitarian of the Salem Board of Health,on Wednesday,August 2,
2017 at 3:10 PM(photos taken and on file).The following violations of the State Sanitary Code were noted,as checked:
X CMR 410:600 Storage of Rubbish and Garbage
CMR 410:601 Collection of Rubbish and Garbage
X 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: Storage of Rubbish and Garbage
(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,torn 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 Garbaae 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) W hen 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 10410.840)
410.602:Maintenance of Areas Free From Garbage 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 leading to 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 Regulation#7:
5_1 Time of Placement 5.1.2 Bags may be 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 W asle 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 maybe 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 7 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)a the
general public.
If you have any questions,kindly contact this office at(978)741-1800.
For the Board of Health Reply to:
lJ
Larry Ramdin Janet Mancini
Health Agent Sanitarian
cc: Ward Councilor
CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
th
120 WASHINGTON STREET,4...FLOOR p11bhCHC81l
TEL. (978) 741-1800 FAX (978) 745-0343
KIMBERLEY DRISCOLL health@salem.com L.\RRY RAMDIN,RS/RE1 IS,CI10,CP-FS
MAYOR HE,\Ln I AGl?NP
Trash Letter Violations
To: Goldberg Properties Date: Wednesday August 2, 2017
Address: 7 Rantoul Street 100 B Time: 3:10 PM
City / State: Beverly, MA 01915
Property At: 191 Federal Street
Violation Numbers: X 600: Storage of Rubbish and Garbage
_ 601 : Collection of Rubbish and Garbage
x 602: Maintenance of Areas Free From Rubbish and
Garbage.
B.O.H. Regulation #7
Complaint: Upon inspection of the above referenced property the following were noted: TV, baby
swing, metal shopping cart, door, portion of wooden fence, and other trash and debris on ground
around dumpster area. All three dumpsters were also left in the open position at time of inspection.
Dumpster covers shall remain in closed position when not in use. Owner of this property must
remove and dispose of all items in proper manner and maintain property in a clean and sanitary
manner.
A continuation of this violation or any other violation of this matter will result in a monetary
citation.
Cc: Ward Councillor
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