[HISTORY: Adopted by the Board of Health
of the Town of Eastham 3-5-2020. Amendments noted where applicable.]
This chapter was adopted pursuant to the authority conferred
thereupon under MGL c. 111, §§ 31 and 122.
The purpose of this chapter is to preserve and protect the public
health through the prompt identification and correction of nuisances
that are sources of filth and potential causes of sickness in the
Town and to further provide penalties for failure to correct said
nuisances, sources of filth and causes of sickness in a timely fashion
after notice from the Board of Health.
The following definition shall apply in the interpretation and
implementation of this chapter.
Any source of filth or potential cause of sickness, including
but not limited to, any collection of junk and/or debris, such as
abandoned household property, industrial or commercial equipment,
and unsafe structures, but exclusive of putrescible wastes utilized
in farming, gardening or fisheries; provided that this use does not
cause offensive odors.
A.
No owner, occupant, tenant or manager of any property situated in
the Town of Eastham shall cause or permit to exist a nuisance on said
property.
B.
Upon determination by the Board of Health or its agent(s) that a
nuisance exists, the Board of Health or its agent(s) shall notify
the owner, occupant, tenant or manager of the property of the nuisance,
by certified mail, return receipt requested. Said notice shall specify
the nature of the nuisance, order specific correction and indicate
a time certain within which correction must be completed. The Board
will notify the owner, occupants, tenant or manager when it is investigating
into a possible nuisance on the property and provide an opportunity
for said owner, occupant, tenant or manager to be heard in response
to the notification. Nothing herein shall be construed to abrogate
or limit the authority of the Board of Health to exercise its statutory
powers to abate a nuisance pursuant to MGL c. 111, §§ 122,
et seq. without prior hearing, upon its determination that the nuisance
comprises a clear and imminent danger to the public health.
C.
The property owner shall be required to abate the nuisance within
period specified by the Board of Health or its agent, not to exceed
45 days. If the nuisance is not abated in this period, the Board of
Health may have the nuisance abated. Costs for abatement, and all
other associated costs shall be reimbursed to the Town of Eastham.
Failure to reimburse the Town within 60 days of abating the nuisance
shall result in placement of a lien on this property for the amount
due the Town.
Any person who violates any provision of this chapter may be
punished by a fine not to exceed $1,000. Each day or portion thereof
during which violation continues shall constitute a separate offense.
If any provision of this regulation is declared invalid by a
court of competent jurisdiction, such invalidity shall not affect
any remaining provisions of this regulation. Any part of these regulations
subsequently invalidated by a new state law or modification of an
existing state law shall automatically be brought into conformity
with the new or amended law and shall be deemed to be effective immediately.
