47 Nuisance Documents 1990 Pie Erickhc_.
City of Northampton
MEMORANDUM
Office of the Legal Department
TO:
FROM:
SUBJECT:
DATE:
Peter J. McErlain, Health Agent
Kathleen G. Fallon, Asst. City Solicitor
Agnes Smith--Abatement of Nuisance
May 18 , 1990
It is my understanding that the Board of Health has received
complaints regarding an accumulation of junk (unregistered
vehicles, furniture, etc. ) on property on North Farms Road owned
by Agnes Smith. Mrs. Smith is presently confined to a nursing
home and is unable to abate the nuisance. It appears that the
City will have to take action.
The first step is to send a notice to the owner of the property
on which the nuisance is located, in accordance with M.G.L.
Chapter 111, Section 123, describing the problem and ordering the
owner to remove the nuisance. I understand that notice has
already been served on Mrs. Smith.
If the owner fails to abate the nuisance, as Mrs. Smith will
apparently do, the Board of Health may have the items removed
from the property. (M.G.L. Chapter 111, Secion 125 ) I suggest
you get quotes from three parties ( if you can find three) for the
cost of removal of the junk. It would then be necessary to
obtain an appropriation from the City Council to pay for the
removal.
The Board of Health can then either ( 1) file a law suit to
recover the money spent or ( 2) place a lien on the land for the
costs. (Chapter 139, Section 3A) The lien can then be committed
as part of the taxes on the property. I recommend the lien
method of recovery since it appears that Mrs. Smith probably has
no assets we can reach through a judgment of the court. A lien
that would be satisfied upon sale of the land would seem to be
our best chance for recovery of the costs of disposal.
Since Mrs. Smith' s son, William, currently confined at the
Veteran' s hospital, put most of the junk on the property, I
strongly advise that you carefully document the items on the
property and their condition prior to removal. Photos with a
list of items attached, both signed by witnesses and dated would
be best. We will be happy to prepare any needed contracts and
the lien documents. If you have any questions, please call.
t
How received:
Telephone ( )
Personal (Y)
Letter ( )
Complainant's Name:
Complainant's Address
Complaint received by•
CrifR of Northampton
Janciaaniennc
Office of the 3n5pertor of nilbings
212 Main Sweet •Municipal building
Northampton. Mass. 01060
COMPLAINT SHEET
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Complaint No. c:300 � 70
Date: 31/?/ 9()
Time _A.M. )j_12 p M.J
Telephone No. "Pi— (2-27\f/to
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❑ Chapter 802 As Ammended Mass. State Building Code
❑ Sanitary Code, Art.2
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Investigated by:
THE COMMONWE4LTH OF MASSACHUSETTS
BOARD OF HEALTH
NOTICE TO ABATE A NUISANCE
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As sant of 1773 /. C -706114.14442 .
you are hereby notified to remedy the conditions named below within
24 hours of the service of this notice, according to Massachusetts
General Laws,Chapter III,Section 123:
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If at the expiration of time allowed these conditions have not been
remedied, such further action will be taken as the law requires and a
fine of$20.00 per day may be charged.
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FORM 5699 A M.6ULKIN,INC.5425859 REVISED 1979
By Order of the Board of Health
No1sMc —
Inspector
Name of
Complainan - - - --
Address C' /
Nature of Complaint f-u' -n c L i ) kJ Lij/(1
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Location of Prema
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BOARD OF HEALTH
CITY HALL
COMPLAINT RECORD
Date -/u Time Time L �G
Occupant
Taken by dic? Referred to
Date of inspection Time
INSPECTOR'S REPORT
Action Taken
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Inspector
BOARD OF HEALTH
CITY HALL
COMPLAINT RECORD
Date" -°l iv Time/ h-
Come of \ // ��/C� 72 L als-
Complainant \\\ �/
Address (i'll/ 2i �� 7 ✓' -c// j
Nature of Complain
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Location of Pre 'ses 'L -� C 224 `-f��^
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Action Taken
Inspector
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THE COMMONWEALTH OF MASSACHUSETTS
NORTHAMPTON
BOARD OF HEALTH
NOTICE TO ABATE A NUISANCE
May 11 ,
Agnes Smith, William Smith
19 90
P.O. Box 62 , Northampton, MA 01060
owner Lot 73 , Map 12C - No. Farms Rd.
As aeoupant of
you are hereby notified to remedy the conditions named below within
24 hours of the service of this notice, according to Massachusetts
General Laws,Chapter III,Section 123:
- Large accumulation of trash & garbage in
a junk vehicle on the property
- assorted junk, rubbish and old furniture
scattered about the property.
Clean up and properly dispose of all itmes
listed above.
If at the expiration of time allowed these conditions have not been
remedied, such further action will be taken as the law requires and a
fine of$20.00 per day may be charged.
By Order of the Board of Health
Peter J. McErlain
FORM S600 A M.SULKIN,INC.542-5058 REVISED 1979 Health Agent
CERTIFIED MAIL # P 890 364 175• •
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