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Resident tells Select Board health department cannot enforce non-health bylaws; requests clarity on filing violations

January 03, 2025 | Nantucket County, Massachusetts


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Resident tells Select Board health department cannot enforce non-health bylaws; requests clarity on filing violations
At the July 16 meeting of the Nantucket Select Board, resident Bruce Mandel urged the board to clarify enforcement responsibilities after a recent Board of Health meeting, saying the health department cannot reasonably be expected to enforce non–health-related bylaws without an approved enforcement framework and adequate staffing.

Mandel, of 10 Midland Avenue in Madaket, said a health representative had explained that an approved policy requires an underlying law or bylaw that defines violations, penalties and the enforcing entity. He said the Board of Health is being assigned enforcement duties unrelated to public health and that staff lack the time and training to investigate those matters, which diverts resources from core health duties. Mandel recited three questions for the board: what will be done about the change in enforcement, can staffing and budget be adjusted to ensure timely enforcement of non-health violations assigned to health, and where should a citizen file a request for investigation of non-health violations.

The chair said the board generally follows up with responses to public comment and invited Mandel to seek clarification if needed. No substantive policy change occurred at the meeting; the board said staff would follow up with answers to Mandel’s questions.

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