City of Fitchburg, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fitchburg as §§ 9-1 through 9-5 of the 1965 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Biotechnology regulations — See Ch. 68.
Sewers — See Ch. 147.
Wrecked and abandoned vehicles — See Ch. 172.
A. 
The Health Department shall be under the supervision of the Board of Health, which shall consist of three persons, one of whom shall be a physician.
B. 
In January of each year one member shall be appointed for the term of three years from the first Monday of the following February. Members shall be appointed by the Mayor, subject to confirmation by the Council.
[Amended 6-3-2014 by Ord. No. 100-2014]
In February of each year the Board of Health shall organize by electing one of its members as his or her and a Clerk, who need not be a member of the Board. The salary of the Clerk shall be fixed by the Board. Two members shall constitute a quorum for the transaction of business.
The Board of Health may appoint and employ, in accordance with the provisions of the Civil Service Act, the necessary agents and assistants to execute the health laws and regulations. The Board shall fix the salary or other compensation of such agents or assistants.
[Amended 6-3-2014 by Ord. No. 100-2014]
When the Board of Health shall be satisfied that any tenement used as a dwelling house is not furnished with a sufficient drain, privy and vault, or either of them, it shall give notice in writing to the owner or his or her agent, requiring that a suitable drain, privy and vault, or either of them, be constructed within such time as it shall appoint.
No person shall remove or carry through any street, alley or public place in the City any house dirt, offal, filth, rubbish, contents of any privy or vault or waste matter of any kind from any dwelling house or other place in such a manner as to constitute a menace to public health.
[Added 1-19-1988 by Ord. No. 531-87]
A. 
Criminal complaint. Whoever violates any provision of the rules and regulations adopted or enforced by the Board of Health of the City of Fitchburg may be penalized by complaint brought in the District Court or Worcester County Housing Court. Except as otherwise provided by law, and as the court may in its discretion impose, the maximum penalty for any such violation of these rules and regulations shall be $500 for each offense.
B. 
Noncriminal disposition. Notwithstanding the provisions of Subsection A, whoever violates any provision of the rules and regulations adopted or enforced by the Board of Health of the City of Fitchburg may, in the discretion of any agent duly appointed and employed by the Board of Health, be penalized by a noncriminal complaint filed in the District Court or the Housing Court pursuant to the provisions of MGL c. 40, § 21D. For purposes of such noncriminal enforcement, the penalty to apply, in the event of a violation, shall be as follows: $25 for the first offense; $50 for the second offense; $100 for the third offense; and $200 for the fourth offense and each subsequent offense. For purposes of this subsection, an offense shall not be considered a repeat or subsequent offense unless it occurs on or affects the same property as the first offense. Each day on which a violation exists shall be deemed a separate offense.