[Adopted 6-13-2000]
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:
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.
Refers to grass clippings, weeds, hedge clippings, garden
materials and branches.
