Select board threaten to condemn property with long-standing health issues

Dec 6, 2022

MIDDLEBORO — A property at 321 Wareham St. could be condemned by the Middleboro Select Board if steps aren’t immediately taken to fix long-standing problems at the site, including a failed septic system and overflowing trash, the board agreed Dec. 5.

The Health Department has cited a number of violations on the property, including a dumpster that is “overflowing with garbage and trash’’ and cannot be closed, and areas under the dumpster that are “littered with trash and garbage, causing rodent activity,’’ according to a letter sent by Health Inspector Margaret Juneau to property owner Shirley Broomhead.

“This property has not been maintained in a clean, safe or sanitary condition,’’ Juneau wrote.

The select board ordered the septic system to be pumped within 48 hours and fined the owner $100 per day until the situation could be resolved. 

Denise Parker, who is a tenant in an apartment at the property,  said that she is unable to flush the toilet without plunging. 

She also said that the dumpster is overflowing with trash because the container is not adequately emptied. “The landlord is responsible’’ to have the container emptied regularly and to be of adequate size to accommodate typical household trash, she said. 

The situation has attracted animals, Parker said, including mice and raccoons. 

Complaints have been issued against the property for years, according to notes presented at the meeting.

“This is not a new issue at all,’’ Parker said. 

The property has had “a pattern of complaints, unresolved issues, outstanding orders to correct and a general lack of care for the occupants’ health, safety and well-being,’’ according to the notes.

Robert Perry, attorney for Broomhead, who was not present at the meeting, presented a document he said was a contract with Outback Engineering to fix the septic system.

Select Board member Nathan Demers questioned why the contract was not signed by Perry or Broomhead. “What’s a contract worth if it’s not signed by both parties?’’ he asked.

Select Board members emphasized to Perry that the property could be condemned if improvements were not made to the site. The issue is scheduled to be discussed again at the board’s Dec. 19 meeting.

Select Board member Brian Giovanoni criticized what he described as “almost radio silence’’ from property representatives to the town’s complaints and said he had considered calling for condemnation of the location prior to the meeting. 

“I don’t want anybody to live in squalor,’’ he said. 

Perry said that Broomhead cannot afford to make the repairs. 

“In two weeks, we will be ready to condemn the property,’’ Select Board Chair Mark Germain said. “I’m disgusted by what I’m hearing.’’