05/06/2019 Annual Town Meeting - Laserfiche WebLink

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1. The Board of Health may suspend or revoke any Rental Certificate after a hearing, and in accordance with the procedures set forth in 105 CMR 410.830-860, for any violation of any provision of this bylaw,the State Sanitary Code, or any other applicable General Law, bylaw, or regulation intended to protect public health, safety or the environment. 2. The Board of Health may, in lieu of suspension or revocation, modify any Rental Certificate to impose additional conditions including, but not limited to, a requirement for periodic inspections and/or a limitation on the maximum number of occupants allowed. 3. If any Rental Certificate is suspended or revoked, the owner(s) of the premises shall be responsible for finding or providing alternative and comparable housing for any and all occupants, until such time as the tenancy ends or the Rental Certificate is reinstated. 4. This chapter is intended to further the objectives of,and to be implemented in conformance with any applicable federal, state, and local laws concerning the maintenance of property and the habitation of dwellings. Nothing in this chapter is intended to limit or restrict the authority of the Board of Health, or any other board, commission or officer of the Town, to act in accordance with federal, state, and local laws within their jurisdiction, including, but not limited to,the emergency condemnation procedures set forth within the State Sanitary Code. 5. The Town of Mashpee may enforce this bylaw or enjoin violations thereof through any lawful process, and the election of one remedy by the Town of Mashpee shall not preclude enforcement through any other lawful means. § L. Enforcement,Fines and Penalties 1. This chapter may be enforced by the Inspector of Buildings, Health Agent, a police officer or such other agent of the Town duly authorized by the Board of Selectmen. . 2. Any owner(s) or agent(s) thereof who shall offer for rent or lease any building, or portion thereof, which has not been issued a Rental Certificate shall be punished by a fine of three hundred dollars ($300.00)per violation. 3. If it is determined that the number of occupants in any building or portion thereof used for habitation exceeds the number on the Rental Certificate, or if no Rental Certificate shall be in effect, the owner(s), lessee(s), or person(s) in control of said building or portion thereof shall be punished by a fine of three hundred dollars ($300.00)per violation. 4. Whoever violates any provision of this by-law may be penalized by a non-criminal disposition process, as provided in M.G.L. c.40 §21D and the Town's non-criminal disposition law. If a non-criminal disposition is elected, then any person who violates any provision of this by-law shall be subject to a penalty of three hundred dollars ($300.00)per violation. 5. Each day or portion thereof shall constitute a separate violation. If more than one, each provision hereof violated shall constitute a separate offense. § M. Severability 33