The Board of Health may investigate, at its discretion, specific conditions or nuisances that may be injurious to the public health as provided under MGL c. 111, §§ 122 to 127A, and under 310 CMR 7.00, Air Pollution Controls, and may order the abatement of any threat to the public health or nuisance found to exist in the Town of Lexington.
The Board of Health shall order the owner or occupant of any private premises, as provided under MGL c. 111, § 123, at his or her own expense, to remove any nuisance, source of filth or cause of sickness found thereon within 24 hours, or within such other time as it considers reasonable after notice, and an owner or occupant may be fined for each day during which he or she knowingly violates such an order. Fines may be assessed for each provision of this regulation. In addition, failure to comply with this order may result in enforcement of the public health nuisance regulation in court.
The Board of Health, under the authority of MGL c. 111, § 31C, may order any person or entity to stop activities leading to atmospheric pollution, including the emission of smoke, particulate matter, soot, cinders, ashes, toxic and radioactive substances, fumes, vapors, gases, industrial odors and dusts, which constitute a nuisance or a danger to the public health or that impair the public comfort and convenience.
Any person or persons owning or having control of any premises abutting or on a private way, and having the right to use such a private way, shall, when ordered by the Board of Health in writing, and within the time specified in the order, remove or abate from that part of the private way adjoining such premises any substance, material or condition which is, or is likely to become, a hazard or injurious to the public health or a nuisance.
No person or persons, corporation or firm shall place, leave or cause to be left or placed within the limits of the Town hazardous wastes, rubbish, garbage, swill, household trash, the body of a dead animal or fowl or any substance that is or is likely to become offensive or hazardous or to cause a nuisance. Yard waste must be disposed of only at a licensed facility, such as a composting site, or in a compost bin or device constructed for the decomposition of such matter.
The odor from normal maintenance of livestock or the spreading of manure upon agricultural, horticultural or farming lands, or noise from livestock or farm equipment used in normal, generally acceptable farming procedures or from plowing or cultivation operations upon agricultural, horticultural or farming lands shall not be deemed to constitute a nuisance.
An order to correct, pursuant to the enforcement of these regulations, shall be in writing and will be served personally on the owner, occupant or his authorized agent by any person authorized to serve civil process. In the absence of the owner or occupant, a copy of the order may be left at the last and usual place of abode of the owner, occupant or agent, if he is known and within or outside of the commonwealth, or a copy of the order may be sent to the owner, occupant or agent by registered mail, return receipt requested. If the order is directed against the owner and the owner is unknown or outside of the commonwealth, the Board may direct the order to be served by posting a copy of the order 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 where the building or lot is situated.
If the owner or occupant fails to comply with an order to correct, 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.
No individual, firm, corporation or partnership that charges a fee shall collect rubbish from any dwelling or business establishment in the Town of Lexington without obtaining a permit from the Board of Health. The fees for all such registrations and permits will be set by the Board of Health. All trucks or vehicles used for transporting rubbish or trash shall be constructed and maintained as to prevent the escape of dust or litter while being conveyed to the disposal area. Nothing in this section shall be so construed as to prevent a householder from disposing of such material from his own household without a permit from the Board of Health provided he or she shall remove, transport or dispose of such material in a manner satisfactory to the Board of Health and in compliance with all applicable state and federal regulations pertaining to the waste involved.
The Board of Health, its agents, officers and employees shall have the authority to enter upon privately owned land for the purpose of performing their duties for the administration and review of this regulation and may make or cause to be made such examinations, surveys or samples as the Board of Health deems necessary.
As used in this article, the following terms shall have the meanings indicated:
- GARBAGE or OFFAL
- Refers to the animal, vegetable or other organic waste resulting from the handling, preparation, cooking, consumption or cultivation of food and containers and cans containing food or food waste.
- Refers to combustible and noncombustible waste materials, except garbage or offal, including but not limited to such materials as paper and paper products, cartons, containers, boxes, rags, leather, packing materials, wood, bottles, glassware, cans, plastics and all recyclable materials.
- Includes all materials defined as rubbish, excluding garbage or offal.
- YARD WASTE
- Refers to grass clippings, weeds, hedge clippings, garden materials and branches.