REAR UPHAM STREET ORDER TO ABATE NUISANCE 5-23-2023 i CITY OF SALEM MASSACHUSETTS
BOARD OF HEALTH
98 WASHINGTON STREET, Prevent 3RD FLOOR fib.PC Cd
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TEL. (978) 741-1800
ROBERT MCCARTHY healthLi'salem.com
DAVID GREENBAUM,RS
ACTING MAYOR HEALTH AGENT
Order to Abate Nuisance May 23, 2023
Samuel&Annick Mercanti
130 '/2 North Street
Salem,MA 01970
The Salem Board of Health received a complaint regarding potential mosquito harborage on your property located at Rear
Upham Street in Salem,MA. Upon inspection of this property it was noted that there is a swimming pool in the middle of the
property that is holding stagnant water. This body of stagnant water can become a breeding ground for mosquitoes and
put the health of people living in the neighborhood in immediate danger.
In accordance with Massachusetts General Law c.I 11, s122 the Salem Board of Health determines that the presence of
stagnant water within a swimming pool on the property creates an imminent health hazard and public health nuisance.
In accordance with Massachusetts General Law c.111, s123, you are ordered to take any and every action to prevent mosquito
harborage within the swimming pool within 14 days of receipt of this order.Further you are to take action to prevent the
reoccurrence of the nuisance.
Failure to comply with this order may result in a penalty of up to one thousand dollars per day.
Additionally,pursuant to MGL Chap 111s125,the Board of Health may cause the nuisance to be removed and may take actions
to remediate the nuisance. Any expenses incurred thereby shall constitute a debt due the city or town upon the completion of the
removal and the rendering of an account therefor to the owner,his authorized agent, or the occupant, and shall be recoverable
from such owner or occupant in an action of contract.
Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health.A request for such a
hearing must be received in writing in this office of the Board of Health within seven(7)days of receipt of this Order.At said
hearing, you will be given the 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should be modified or withdrawn.You may be represented by an attorney.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.
For e lioo of Health: Re y tc
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David Greenbaum J, rey arosy
Health Agent Sanitarian
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