22 SYMONDS STREET TRASH VIOLATION LETTER 11-1-2021 CITY OF SALEM MASSACHUSETTS 10
��f� BO km OFHEA.LTH
98 W ASHINGTON STREET,31t'FLOOR pPilblicHealth
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TEL. (978)741-1800
KIMBERLEY DRISCOLL health?salem.coin
D<1VID G1ZF,ENB.\UM,RS
MAYOR HE,\LfI i AGENT'
November 1,2021
Jason and Judy Phu
22 Symonds Street
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 22 Symonds Street in the City of Salem by Jeffrey Barosy,Sanitarian of the Salem Board of Health,on
Thursday October 21,2021 at 10:10am(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: 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 Garbage 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
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 5.1.1Tightly 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.5.2Solid Waste Weght 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 the rd ofylealth Re y to•
Dav Greenbaum J rey rosy
Health Agent Sanitarian
cc: Ward Councilor
} CITY OF SALEM, IVIASSACHUSIJTTS
BOARD OF HKuTH
98 WASHINGTON STREET,3'u'FLOOR NblicHealth
PreveTEL. (978) 741-1800
KIMBERLEY DRISCOLL health rr salemxom
DAVID GRIENBAUM,RS
MAYOR HE.\LTII AGENT
Trash Violation Letter
To: Jason and Judy Phu Date: Thursday, October 21, 2021
Address: 22 Symonds Street Time: 10:10am
City/State: Salem, MA 01970
Property At: 22 Symonds Street
Violation Numbers: 600: Storage of Rubbish and Garbage
601 : Collection of Rubbish and Garbage
602: Maintenance of Areas Free from Rubbish and
Garbage
B.O.H. Regulation #7
Complaint: At the front of the property and side of the property along the driveway,
there is a collection of plastic buckets, window sashes with glass, and other household
items that are stored in a manner that can provide harborage for rodents and insects.
The plastic buckets at the front of the property are fill with an unknown substance.
Dispose of rubbish, garbage, and any unnecessary household items stored outside in
a sanitary manner. Organize remaining plastic barrels in a way that they do not provide
harborage for rodents and insects. 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.
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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