45 TRADERS WAY UNIT 30207 TRASH VIOLATION LETTER 8-26-2026 s
CITY OF SALEM, MPiSSACHUSETTS
BOARD OF HEALTH
98 WASHINGTON STREET 372D FLOOR Pab&Health
7 Prevent.Promote.Protect.
TEL. (978) 741-1800
DOMINICK PANGALLO health(aa)satem.com
DAVID GREENBAUM,RS
MAYOR HEALTH AGENT
August 26,2026
Jose Romano Encarnacion
45 Traders Way Unit 30207
Salem,MA 01970
Dear Sir:
In accordance with Chapter 111,Sections 123, 127A,and 127B of the Massachusetts General laws, 105 CMR 400.000: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 45 Traders Way in the City of Salem by Jeffrey Barosy,Sanitarian of the Salem Board of Health,on
Thursday August 13,2026,at 9:10am(photos taken and on file).The following violations of the State Sanitary Code were noted,as checked:
105 CMR 410:560:Refuse Storage of Rubbish and Garbage
105 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#7
Description of Violations:See Enclosure(s)-
410.560:Refuse
(A)Except as provided in 105 CMR 410.560(C)and 105 CMR 410.560(E)(4),the owner of any residence that contains two or more dwelling units,the
owner of any rooming house,homeless shelter,manufactured housing community,and the occupant of any residence containing one dwelling unit shall
be responsible for and pay for the final collection and ultimate disposal of refuse.
(B)Occupants of any residence shall follow the requirements established by their community for separation of recyclables,yard waste,food waste,
and/or bulk item materials from refuse.
(C)Occupants and owners shall be responsible for the disposal of their bulk items in accordance with requirements established by their municipality.
(D)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.
(E)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
put out 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.
(F)Disposal may be by means of:
(1)The regular municipal collection system;
(2)Any other collection system approved by the board of health;
(3)When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage,and
which is otherwise maintained in a sanitary condition;
(4)When otherwise lawful,by backyard composting of compostable material,provided that the composting operation does not attract pests and
does not create a nuisance,and provided further that in the case of composting by an occupant,the occupant obtains the prior written
permission of the owner;or
(5)Any other method of disposal which does not endanger any person and which is approved in writing by the board of health.
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 clean,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.
M.G.L.Chapter 111,Section 123:Abatement of Nuisance by Owner;Penalty
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 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.5.2 Solid 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 7 Days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to
present witnesses 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 ny questions,kindly contact this office at(978)741-1800.
ieS1.1
Fur the rd of Health R ly to:
a id GJ e Barosy
Health Agent Sanitarian
CC:
CITY OF SALEM MASSACHUSETTS lu
BOARD OF HEALTH
98 WASHINGTON STREET,3RD FLOOR Prevent.ul1CH�t
TEL. (978) 741-1800
DOMINICK PANGALLO health c7,salem.com
DAVID GREENBAUM,RS
MAYOR HEALTH AGENT
Trash Violation Letter
To: Jose Romano Encarnacion Date: Thursday, August 13, 2026
Address: 45 Traders Way Unit 30207 Time: 9:10am
City/State: Salem, MA 01970
Property At: 45 Traders Way
Violation Numbers: 105 CMR 410.560: Refuse
105 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 #7
Complaint: An occupant of the dwelling unit written above was observed dropping
garbage at the base of the dumpster in the dumpster enclosure. Have all occupants of
this dwelling unit properly dispose of garbage and rubbish by placing the garbage
within the dumpster or any available trash receptacle. 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. Occupant 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.
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