Massachusetts General Laws

Mass. Gen. Laws ch. 111, § 123 (2026)

Abatement of nuisance by owner; penalty

✓ current as of July 2026

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Section 123. Said board shall order the owner or occupant of any private premises, at his own expense, to remove any nuisance, source of filth or cause of sickness found thereon within twenty-four hours, or within such other time as it considers reasonable, after notice; and an owner or occupant shall forfeit not more than one thousand dollars for every day during which he knowingly violates such order.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1979–2024 · leading case: City of Worcester v. Eisenbeiser, 387 N.E.2d 1154 (Mass. App. Ct. 1979).

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City of Worcester v. Eisenbeiser, 387 N.E.2d 1154 (Mass. App. Ct. 1979). · cites it 2× “G. L. c. 111, § 123. It is only upon a failure by the owner or occupant to comply with such order that the city may cause the removal of the nuisance.”

Town of Boxford v. Massachusetts High. Dep't, 940 N.E.2d 404 (Mass. 2010). “See G. L. c. 111, § 123 (board of health shall order owner or occupant of private premises to remove nuisances); § 124 (notice provisions for private premises nuisance removal order); and § 125 (authority of board to remove nuisance at private premises where owner or occupant…”

P.J. Keating Co. v. Town of Acushnet (Mass. App. Ct. 2024). · cites it 3× “5 "nuisance, source of filth[,] and cause of sickness," see G. L. c. 111, § 123, and it ordered PJK to cease and desist from any operations that caused noxious odors and fumes to spread beyond the boundaries of PJK's property.”

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