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11 FRANKLIN STREET - STREET FILE CITY OF SALEM, MASSACHUSETTS HEALTH AGENT r • 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 KIMBERLEY DRISCOLL JSCOTT@SALEM.COM MAYOR JOANNE SCOTT HEALTH AGENT September 17,2007 Bernard Mulligan C/O Shodokan 11 Franklin 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 11 Franklin Streetin the City of Salem David Greenbaum,Sanitarian of the Salem Board of Health,on Thursday, September 13,2007 @ 11:00am.The following violations of the State Sanitary Code were noted,as checked: X CMR 410:600 Storage of Rubbish and Garbage X 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 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) • Salem Board of Health 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 Section 3.10: ,Containers or Bundles of Household and Ordinary Commercial Waste,Garden and Lawn Waste: These shall be placed at the outer edge of the sidewalk appurtenant to the premises of the owner not later than 7:00 a.m.on the day of collection and not before 6:00 p.m.on the day preceding the day of collection,and shall be removed from the sidewalk on the same day as emptied. No commercial establishment shall place or cause to be placed more than four barrels or other containers of ordinary commercial wastes or any extraordinary commercial or industrial wastes or tree waste upon any sidewalk or way for disposal. 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 Board of Health Reply to: 3 anne 5c�tt Q�gPQ David Greenbaum Health Agent CJ Sanitarian c-g-trash cc: Councillor Paul Prevey JS/HI & CITY OF SALEM, MASSACHUSETTS w BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAx 978-745-0343 WWW.SALEM.COM Kimberley Driscoll JOANNE SCOTT, MPH, RS, CHO Mayor HEALTH AGENT Trash Letter Violations To: Bernard Mulligan Date: Thursday, September 13, 2007 C/o Shodokan Address: 11 Franklin Street Time: 11 :00 AM City / State: Salem, MA 01970 Property At: 74 Endicott Street, Salem,MA 01970 Violation Numbers: _X_ 600: Storage of Rubbish and Garbage _X_ 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: there are several piles of yard waste around this vacant lot. Owner must properly remove and dispose of all yard waste. Owner must also maintain this property free of accumulation yard waste and trash. • A continuation of this violation or any other violation of this matter will result in a monetary citation being issued. cc: Ward Councillor