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Among the myriad duties of the local health department sanitarian, none can be more frustrating than the investigation and abatement of environmental complaints.  On the other hand, no job can be more rewarding to the sanitarian than to receive praise and thanks from an aggrieved party for having resolved and corrected the cause of the complaint.  What is a complaint?

What is a complaint?

According to Webster, a complaint is "a formal allegation against a party."Ý To a sanitarian, a complaint is a good indication of a violation of the sanitary code.  To many of us, a complaint is an aggravation that we wish would go away.

Complaints received by a sanitarian involve violation of sanitation laws and ordinances.Ý A violation of these laws is considered a misdemeanor or a criminal offense by the courts.  Thus for our benefit we could say that a complaint is an alleged offense of a criminal nature against a party.

Types of complaints

Complaints touch on every subject and most are classified as nuisance complaints.Ý Other complaints are political or social and still others are sympathetic and personal.

We are most concerned with complaints involving nuisances.Ý A nuisance is something annoying, obnoxious and unpleasant, and some of the more common nuisance complaints involve refuse, animal control, pest, sewage, food, water, weeds, air pollution, housing and swimming facilities.

Table 1 lists the number of these types of complaints by year received by the Prince Williams County, Virginia, Health Department from FY 1973 through FY 1979.

Another breakdown of complaints by quarter is shown in Table 2 (Not shown) for the years 1975 through 1979.

Table 3 shows the rating of complaints by number received over the four year span 1975-1979.  An interesting aspect of Table 2 is that the highest number of complaints occurred in the summer and decreased respectively in the fall, spring and winter.Ý One theory of the seasons rating is that in the spring most people are busy digging out from under the winter and begin to paint and fix up and get their own premises in shape.Ý They are so busy working on their own place that not until summer do they notice their neighborhoods and roadsides have not been tidied up.Ý With weeds full grown and refuse piled up to harbor rodents, snakes and insects, it is no wonder that during summer, when more people are spending more time outdoors, more complaints are made than any other season of the year.

Who Complains?

Everybody!Ý Especially those who are concerned for their environment as well as for their personal health, safety and welfare.Ý Some complaints are made for spite but most are made for legitimate reasons.Ý Most complaints are justified; those without foundation must also be inves-tigated to determine their validity, justification and health significance.

Responsibilities of the Sanitarian in Investigating Nuisance Complaints

Virginia policy dictates that "the local health director, upon receiving a complaint of a nuisance, shall initiate an immediate and thorough investigation.Ý And if a nuisance exists, all measures within the power and authority of the department may be used to secure abatement."

Complaints received from authoritative sources by local health department are recorded on a special form provided for the purpose.Ý Whenever a condition is found that does not comply with the local sanitary laws and ordinances, appropriate measures are taken to bring the condition in compliance (3).

In one sense a nuisance complaint indicates to the health officer that an emergency exists and the complaint is given priority by the health officer.

Most complaints involve neighbors or neighborhoods.Ý It takes courage for a person to call an official agency to make a complaint against a condition caused by their next door neighbor or by someone in the neighborhood.Ý Some complaints involve serious health threats while others are absurd.Ý But to the complainant, it is a serious offense and he/she should be treated with respect and dignity and assured the matter will be thoroughly investigated.

Anonymous Complaints

To many sanitarians this is a debatable question and one can become deeply and some-time embarrassingly involved.Ý If investigating an anonymous complaint one must proceed with caution and discretion.

Many health departments require the complainant to give his/her name and address as a prerequisite to investigate the complaint, otherwise it is disregarded.Ý This is the typical reaction of sanitarians and perhaps the most logical step to take.Ý It could be embarrassing to the sanitarian if the person against who, the complaint is lodged decides to be taken to court before an inspection is possible.Ý If a case goes to court, or even if an inspection warrant is obtained, the complainant's name will be revealed.Ý If the sanitarian cannot produce the name of a complainant, that sanitarian could be held liable for harassment, abuse of authority and arbitrary actions.

The Prince Williams Health Department sanitarians record all information given by the anonymous caller, determine the health significance, and decide whether it is worthy of an investigation.Ý If the situation described is serious and has a potential health threat, the sanitarian promptly makes a preliminary investigation, visits the site and tells the person in charge that certain "situation has come to his attention," (could have come to his attention by his own observation).Ý For example, a garage discharging oil wastes into a stream is obvious, and the sanitarian could proceed to have the problem corrected.Ý Unless the sanitarian has an official complaint from some accountable source, the affected party should not be told a complaint has been received.

Knowledge and Skills Needed by the Sanitarian to Investigate Complaints

Know the local and state health policy for conducting complaint investigations and have a thorough knowledge of the local and state laws, rules and regulations pertaining to the subject of the complaint.

Have all facts, records and previous investigation reports (if any) regarding the complaint.

Have ability to analyze the problem and put into the right perspective.

Have good rapport with county and state agencies such as the prosecuting attorney, police and county boards and commissions.

Be tactful and diplomatic.

Other desirable attributes are:

Arbitration skills.

Know the mores of the community.

The sanitarian is often placed in the untenable position of being all things to all people.Ý To some the sanitarian image is "expert" while others see a problem solve, arbitrator or peacemaker.Ý Regardless of what role the public expects, the sanitarian must conduct the investigation in a fair and impartial manner.

In addition to technical knowledge and skills, sanitarians have supportive help from supervisors as well as the expertise of other agencies (air pollution boards, Department of Agriculture, Department of Labor, OSHA, Public Health Services, EPA).

Field Investigation of Nuisance Complaints

How should a sanitarian proceed when the owner refuses admission to property?

The sanitarian should never force an inspection over the objections of the owner. (2)Ý When refused admission to the property, leave promptly and notify your superior officer.

Other Options

Determine if an adequate inspection can be made from the street or thoroughfare.Ý If the complaint concerns a pile of trash and garbage on a property, it may be visible from the roadway.

Notify the owner by certified mail of the complaint, state the basis of the complaint, the sections of the appropriate laws and request permission to make [an] inspection.

Consult [your] County Attorney for legal steps that could be taken.

Abatement of Roadside Dump

As shown in Table [3], the most numerous complaints received over a six year span in Prince William Health District are those involving refuse.Ý Highway litter and roadside dumps are the source of many complaints.

Whenever complaints are made against roadside dumps with our local health department, the sanitarian:

1. Visits [the] alleged dump site to determine:
1. ÝIf [the] complaint is justified.
2. ÝIf [the] dump is on [a] highway right-of-way.
3. Ý[The] type of material being dumped.
4. ÝIf the dump is in active use.
5. Ý[If there is an] insect and rodent infestation.
6. Ý[If there is a] leachate discharge to [a] stream.
7. Ý[The] source of refuse (household, commercial or industrial).
8. Ý[The] volume or size of [the] dump.
2. If the dump appears to be on highway property, notify that department in writing, giving a detailed description of [the] amount and kind of refuse and the specific location.Ý Request the highway department to remove the refuse and to erect "no dumping" signs.Ý Recommend barriers be constructed to preclude entrance to the site.
3. If the dump is located on private property, try to notify [the] owner by personal contact or certified mail of the violation.
4. If the dump is near or in woodlands, notify the County Forest Warden and County Fire Marshall or nearby fire departments.
5. Other steps that may be taken in difficult situations are:
1. ÝNotify [the] police to keep surveillance of [the] area and watch for violators.
2. ÝNotify nearby residents and have them report violations.
3. ÝNotify originators of [the] refuse, if they can be determined, of [the] improper disposal and [that it is a] violation [of the law].
4. ÝInstruct sanitarians and other health department personnel to be aware of [the] problem when traveling in the area and have then report to you.
6. Locate [the] dump site on [a] county map.
1. ÝComplete [the] dump site survey form (Figure 1).
2. ÝInclude [the] dump site in [a] future clean-up campaign.
7. Seek funding, literature and assistance from the State Division of Litter Control, State Highway Department and State Travel Agency.
8. Promote litter control programs and roadside beautification campaigns through civic organizations of the community and the public schools.

Complaints Involving Dead Animals

Animals die and are killed on highways, in streams, on farmland and sometimes in back years.Ý They are disposed of by burying, incineration or are sometimes left where they died.  The latter serves as the basis for complaints filed in the local health department.

Animals found on the highway are handled by the highway department, and the sanitarian should notify that department.

Dead animals found in streams may be handled by the property owner bordering the stream.Ý In difficult situations which may involve large animals, the sanitarian can solicit help from the State Water Control Board, Marine Resource Division, Division of Shellfish Sanitation, and Division of Parks and Recreation.Ý In cases where the stream serves as a source of public water supply, the municipality or water company would assist in removing the animal.

Dead animals found on private property are the responsibility of the property owner and the procedure for removal is the same as for any other type of complaint, except the animal must be removed immediately.
 

omplaints may concern infected and diseased animals.Ý A case that came to our attention involved horses infected with equine encephalitis.Ý Nearby residents having horses were rightfully concerned the disease might spread to their animals.Ý The state veterinarian was notified and the infected animals were promptly quarantined.Ý Other situations might involve cholera in swine or rabies in household pets.Ý Quarantine measures should be taken immediately, and help can be obtained from local, state and federal agencies.

Abating Public Nuisance

For many complaints filed with local health departments there is no specific violation of any law.Ý Such a case might be an abandoned quarry filled with water which attracts children, or a source of noise where there are no ordinances or standards of control.Ý Such nuisances affect the health, safety and welfare of the public and are classified as public nuisances.

Many states have laws which require action on the part of the affected parties to seek relief.Ý The state of Virginia has a law to the effect that an investigation can be made by a special grand jury when a complaint is made to the Circuit Court of any county by five or more citizens setting forth the existence of a public or common nuisance(1).Ý If the special grand jury finds the complaint justified the court can order the property owner or persons responsible to abate the nuisance.

If the owner cannot be located, the court can levy judgment in rem and have the nuisance abated, and the costs incurred would be levied against the property.

Do's and Don'ts for Investigating Complaints

Never investigate a complaint on someone's premises without the presence and permission of the owner or an adult member of the family.Ý In 1967 the U.S. Supreme Court ruled, regarding searches, that certain health, fire and building inspectors must obtain a search warrant before they can enter a person's home over the occupant's objection(2).Ý Thus if at any time the owner refuses permission to allow inspection of his property, stop and contact your supervisor for direction.

Don't inspect any property when only children are home.Ý Only an adult can grant permission to enter the premises.Ý Children are not responsible or legally recognized to give permission to enter private property.

Don't reveal the name of the complainant.Ý As stated, most nuisances involve violations of criminal laws and information regarding criminal investigations are exempt from provisions of the Freedom of Information Act.Ý A complainant, knowing his name will be kept confidential, is more apt to reveal detailed information regarding the alleged violation.

Do notify complainant of the result of the investigation.Ý The complainant has the right to know what has been done.Ý This act builds trust and confidence in the sanitarian and promotes his/her public image, while at the same time the complainant is not left wondering about the kind of government his taxes are supporting.

Do keep good records.Ý Nuisance violations sometimes wind up in court and a well documented investigation can be a boon to the sanitarian when called to testify as a witness in court or to initiate court action to abatement of the nuisance.

References:

1. Title 48: Code of Virginia, (1919, 1520) Commonwealth of Virginia, Attorney General, Richmond, Virginia.

2. United States Supreme Court (387 US 523, 18 L.Ed.2d. 930, 87 S.Ct. 1727), Roland Camara v. Municipal Court of the City of San Francisco, (June 5, 1967).

3. Virginia State Department of Health, "Sanitarian's Operational Procedure Manual for Local Health Department" (1975), Richmond, Virginia.

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*  Reprinted from: Cantrll RC. A method for investigation of environmental complaints, JEH 43(1):14-18.Ý
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