[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.]
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.
