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47 Larchmont Road Trash Violation 9-20-2019 r � CITY OF SALEM, MASSACHUSETTS lu BOARD OF HEALTH 98 WASHINGTON STREET,3RD FLOOR Public Health SALEM,MA 01970 Prevent,Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL health(&,salem.com DAVID GREENBAUM,RS MAYOR HEALTH AGENT September 23,2019 Susan J. Shepperson 3 Whipple Street Danvers,MA 01923 VIA: CERTIFIED MAIL 7012 3050 0001 2959 3001 First Class Mail Dear Sir or Madam: This office has received complaints regarding the condition of your pool located in the rear yard of 47 Larchmont Road. Your pool is not being utilized or maintained. The cover appears to have collapsed into the pool and the filter is disconnected. The water in the pool is not being circulated or disinfected. These conditions create an ideal breeding area for mosquitoes. Please take proper steps to alleviate this problem temporarily by adding chlorine to the water that is in the pool and rapidly stirring the water. By doing this weekly,you will be able to destroy the ability for mosquitoes to breed on the water. This however is only temporary. A long-term plan would include properly attaching the pool cover if it is not torn or in disrepair or taking down the structure entirely. Please send to this office by October 21,2019 a written plan that explains how you will be correcting this situation. The written plan should include how the pool will be maintained (install proper cover,etc.)or how the pool will be drained and removed. Also include the time frame for such actions(two weeks,one month). You are ordered to take positive action to remove this nuisance in accordance with Mass General Laws chapter 111 section 123,and to notify this department by October 1,2019 of that action. 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 a 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an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn.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 during the hearing. If you have any questions,kindly contact this office at(978)741-1800. For the4Gree of alth: avid a i Health Agent CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 98 WASHINGTON STREET,31m FLOOR PublicHealth SALEM,MA 01970 Prevent.Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL health@salem.com DAVID GREENBAUM,RS MAYOR HEALTH AGENT September 23,2019 Susan J.Shepperson 3 Whipple Street Danvers,MA 01923 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 47 Larchmont Road in the City of Salem by David Greenbaum,Health Agent of the Salem Board of Health,on Friday, September 20,2019 at 10:00 am(photos taken and on file).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 Garbag (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 GarbaLge 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 5.1.2 Bags may be placed curbside for municipal collection no sooner than 6 AM the morning of the scheduled collection. 6.1.3 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 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 Yawl 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. Forth, Board of H alth David Gree aum Health Agent CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 98 WASHINGTON STREET,3RD FLOOR PablicHealth SALEM,MA 01970 Prevent.Promote.Protect. TEL. (978) 741-1800 KIMBERLEY DRISCOLL healthLii)salem.com DAVID GREENBAUM,RS MAYOR HEALTH AGENT Trash Letter Violations To: Susan J. Shepperson Date: Friday, September 20, 2019 Address: 3 Whipple Street Time: 10:OOAM City / State: Danvers, MA 01923 Property At: 47 LARCHMONT ROAD 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 is an overflowing dumpster on the right side of the property. 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The cover appears to have collapsed into the pool and the filter is disconnected. The water in the pool is not being circulated or disinfected. These conditions create an ideal breeding area for mosquitoes. Please take proper steps to alleviate this problem temporarily by adding chlorine to the water that is in the pool and rapidly stirring the water. By doing this weekly,you will be able to destroy the ability for mosquitoes to breed on the water. This however is only temporary. A long-term plan would include properly attaching the pool cover if it is not torn or in disrepair or taking down the structure entirely. Please send to this office by October 21,2019 a written plan that explains how you will be correcting this situation. The written plan should include how the pool will be maintained (install proper cover,etc.)or how the pool will be drained and removed. Also include the time frame for such actions(two weeks,one month). You are ordered to take positive action to remove this nuisance in accordance with Mass General Laws chapter 111 section 123,and to notify this department by October 1,2019 of that action. 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 a 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 during the hearing. If you have any questions,kindly contact this office at(978)741-1800. For the Board of alth: avid Greenba Health Agent