251 JEFFERSON AVENUE TRASH VIOLATION LETTER 8-16-2024 CITY OF SALEM MASSACHUSETT lu
S
i BOARD OF HF ALTH
98 W ASHINGTON STREET 3'D FLOOR Pub11cHeWth
Prevent.Promote.Protect.
TEL. (978) 741-1800
DOMINICK PANGALLO healthCatsalem.com
DAVID GREENBAUM,RS
MAYOR HEALTH AGENT
August16,2024
Stephen Lach
91 North Street
Danvers,MA 01923
Dear Sir/Madam:
In accordance with Chapter 111,Sections 127A, 127B,and 123 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 11:Minimum Standards of Fitness for Human Habitation,an
inspection was conducted of your property at 251 Jefferson Avenue in the City of Salem by Jeffrey Barosy,Sanitarian of the Salem Board of Health,
on Wednesday August 7,2024 at 11:00am(photos taken and on file).The following violations of the State Sanitary Code were noted,as checked:
CMR 410:560(D)Refuse;Storage
CMR 410:560(E)Refuse;Collection
CMR 410:570 Maintenance of Areas in a Sanitary and Safe Condition
MGL Chapter 111,Section 123:Abatement of Nuisance by Owner;Penalty
BOH Regulation 97
Description of Violations:See Enclosure(s)
410.560(D): Refuse:Storage
(1)Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers.Receptacles and covers shall be durable,
pest-resistant and deter access by wildlife.
(2)Plastic bags or biodegradable liners shall be used as a liner to store garbage or mixed rubbish and garbage in the required receptacles;
(3)If a dumpster or cart-based automated or semi-automated system is used for storage and collection of garbage or mixed rubbish and garbage,no
liner shall be required;
(4)Recyclables and garbage or mixed garbage and rubbish shall be stored in a manner that does not obstruct an egress,cause disease or health risk to
humans or pets,or cause damage to property or the environment and is in accordance with the municipality's requirements.
410.560(E):Refuse:Collection
(1)The owner of any residence shall provide a sufficient number of receptacles required by 105 CMR 410.560(D)(1)for the storage of refuse and
recyclables before final collection or ultimate disposal;
(2)An owner who provides a dumpster or other suitable container,shall locate them on the property so as to be convenient to the occupant,so that no
objectionable odors enter any residence,and in accordance with 527 CMR 1.00:Massachusetts Comprehensive Fire Safety Code. Dumpsters shall be
covered,protected from leakage,and placed on an impervious material.
(3)The occupants of each residence shall be responsible for the proper placement of their refuse in the receptacles provided by the owner,in any
dumpster or suitable container if provided by the owner,or according to the municipality's requirements;
(4)In municipalities with a Pay as You Throw Program in which a fee per bag of waste to be collected is charged,the occupant shall follow all municipal
requirements and shall be responsible for all fees;
(5)Refuse shall be put out for collection in accordance with local municipal requirements, but no earlier than the day before collection.Garbage putout
the day before collection must be placed in containers meeting the requirements of 105 CMR 410.560(D)(1).
(6)Plastic bags may be put out the day of collection,except in those places where such practice is prohibited by local rule or ordinance or in those cases
where the board of health determines that such practice constitutes a health problem.
410.570: Maintenance of Areas in a Sanitary and Safe Condition
(A)Land.The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean,safe,and sanitary
condition and free from:
(1)Refuse;
(2)Pests;
(3)Potential injury hazards;
(4)Conditions contributing to the accumulation of standing water;or
(5)Any other condition which affects the health,safety,or well-being of the occupants of
any residence or of the general public.
(B)Residences.The occupants of any residence shall be responsible for maintaining,in a sanitary condition and free of refuse or other filth or causes of
sickness,that part of the residence which they exclusively occupy or control.
(C)Common Areas.
(1)In any residence,the owner shall be responsible for maintaining in a dean,sanitary,and
safe condition free of refuse or other filth or causes of sickness,that part of the residence
which is used in common by all the occupants of a residence and which is not occupied or
controlled by one occupant exclusively.
(2)For common stairways,the occupants shall be responsible for maintaining the landing,porch,or deck adjacent to their dwelling unit in a
sanitary condition,free of obstructions,refuse,filth,causes of sickness,or potential injury hazard.
(D)Private Passage or Right of Way.The owner of any residence abutting a private passageway or right-of-way owned or used in common with other
residence(s)which the owner or the occupants have the right to use,or are in fact using,shall be responsible for maintaining the portion of the property
they are using in a sanitary condition free of refuse,other filth or causes of sickness.
MGL Chapter 111.Section 123
Said board shall order the owner or occupant of any private premises,at his own expense,to remove any nuisance,source of filth or cause of sickness
found thereon within twenty-four hours,or within such other time as it considers reasonable,after notice;and an owner or occupant shall forfeit not more
than one thousand dollars for every day during which he knowingly violates such order.
Board of Health Regulation#7:
5_1 Time of Placement 5.1.1Tightly covered containers may be placed curbside for municipal collection no sooner than 6PM the evening before the
scheduled collection. 5.1.2 Sags 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.5.2 Solid Waste Wei :ht 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 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)or the general public.
If you have any questions,kindly contact this office at(978)741-1800.
For Board of Healt, Repl; to:
e a -ey--.,,rosy
Health Agent Sanitarian / /
cc: Ward Councilor
'� t% CITY OF SALEM, MASSACHUSETTS
/ BOARD OF HEALTH ��
98 W ASHINGTON STREET,312D FLOOR a_t'+_ p
Prevent.Promote,Prot
TEL. (978) 741-1800
DOMINICK PANGALLO health@salem.com
DAVID GRB'ENBAUM,RS
MAYOR HEALTH AGENT
Trash Violation Letter
To: Stephen Lach Date: Wednesday, August 7, 2024
Address: 91 North Street Time: 11 :00am
City/State: Danvers, MA 01923
Property At: 251 Jefferson Avenue
Violation Numbers: 560 (D): Refuse; Storage
560 (E): Refuse; Collection
570: Maintenance of Areas in a Sanitary and Safe
ondition
MGL Chapter 111 , Section 123
B.O.H. Regulation #7
Complaint: At the side of the property facing Cloutman Street there is a brown couch
on the ground. Have the brown couch removed from the property 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. The owner is to maintain this property in a clean and
sanitary manner.
• A continuation of this violation or any other violation of this manner will
result in monetary citation being issue.
Cc: Ward Councillor
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