The Board of Health 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 twenty-five dollars ($25) for every day during which he
knowingly violates such an order.
Posting Board of Health Order
Such order shall be in writing, and be served personally on the owner, occupant or his authorized agent by any person authorized to serve civil process; or a copy of the order
may be left at the last and usual place abode of the owner, occupant or agent, if he is known and within or without the commonwealth; or a copy of the order may be sent to
the owner, occupant or agent by registered mail, return receipt requested, if he is known and within the commonwealth. If the order is directed against the owner and if the
residence and whereabouts of the owner of his agent are unknown or without the commonwealth, the Board may direct the order to be served by posting a copy thereof in a
conspicuous place on the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the municipality wherein
the building is situated.
Compliance With Board of Health Order
If the owner or occupant fails to comply with such order, the board may cause the nuisance, source of filth or cause of sickness to be removed, and all expenses incurred
thereby shall constitute a debt due the Town upon the completion of the removal and the rendering of an account therefore to the owner, his authorized agent, or the occupant,
and shall be recoverable from such owner or occupant in an action of contract.
Payment of Action by Board of Health
A debt due the Town shall constitute a lien on the land upon which the structure is located if a statement of claim, signed by the Board of Health and setting forth the amount
claimed without interest, is filed with the Registry of Deeds within ninety days after the debt becomes due. Such lien shall take effect upon the filing of the statement and shall
continue for two years from the first day of October next following the date of such filing. Within a reasonable time after filing the statement of claim with the Registry of Deeds
(and certainly before the expiration of the two year period during which the lien is in effect), the Board of Health shall certify to the assessors the claims upon the land. The
assessors shall turn in; commit such claims with their warrant to the collector of taxes, who shall have the same powers and duties with respect to such claim as in the case of the
annual taxes upon real estate. The provisions of law relative to the collection an annual tax, the sale or taking of land for the nonpayment thereof, and the redemption of
land sold or taken shall apply to such claim. The provisions of the above paragraph relative to lien for such debt and the collection of the claims for such debt shall apply to any debt
referred to in this section; expect that the Board of Health shall act hereunder in place of the Board of Selectmen.
Summary of Nuisance: Boards of health are required to examine into all nuisances, sources of filth and causes of sickness within the city or town. Whenever a board is aware of a
nuisance or cause of sickness that may be injurious to the public health, the board is required to remove or destroy the nuisance or cause of sickness, or prevent the nuisance or cause
of sickness. M.G.L. c. 111, s. 122. The board is required to make regulations related to the removal and destruction of such nuisances. M.G.L. c. 111, s. 122. Boards may condemn all
nuisances and clean or tear down a nuisance. M.G.L. c. 111, s. 125. Boards are authorized to enter any land, building or premises, or go on board a vessel within its town, to examine
into and destroy or prevent a nuisance, source of filth or cause of sickness. M.G.L. c. 111, s. 131.
Board of Health Inspection responsibilities at a glance:
Receive complaint (online reporting system, phone, in person, etc.)
a) obtain specific details on complaint (type of nuisance)
b) obtain name of complainant/ complainant can remain anonymous
c) location of nuisance
d) contact number of complainant
e) nature of complaint e.g.
c. feeding of birds
d. standing water
f. dust complaints
g. trash/ illegal dumping
Ensure complaint is received by the Health Inspector
Health inspector will Contact complainant
Health inspector will setup and conduct inspection
Health inspector will document all violations
Health inspector will send violation letter to owner if violations are observed
The Board of Health Afford a hearing to owner/ resident being cited
Health inspector will conduct a follow up re-inspection
If Owner/ individual being cited fails to remediate violations the Health Department will follow department protocol for further regulatory action
Once in compliance closure of case