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10/19/2019 Annual Town Meeting
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10/19/2019 Annual Town Meeting
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Town Meeting Warrants
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occurred will be notified of the violation abatement costs incurred by the Town of <br /> Mashpee, including administrative costs relating thereto. The violator or property owner <br /> may file a written protest objecting to the amount or basis of costs with the Town of <br /> Mashpee within thirty (30) days of receipt of the notification of the costs incurred. If the <br /> amount due is not received by the expiration of the time in which to file a protest or within <br /> thirty (30) days following a decision of Board of Selectmen affirming or reducing said <br /> costs,or from a final decision of a court of competent jurisdiction relative thereto,the costs <br /> shall become a special assessment/charge against the property owner and shall constitute a <br /> municipal charges lien on the owner's property in the amount of said costs. Said municipal <br /> charges lien was authorized by Town Meeting upon adoption of this bylaw pursuant to the <br /> provisions of G.L. c. 40, §58 and shall be implemented in accordance therewith. <br /> F. Criminal Penalty. Any person who violates any provision of this bylaw, or any regulation, <br /> order or permit issued thereunder, shall be punished by a fine of not more than $300.00. <br /> Each day or part thereof during which such violation occurs or continues shall constitute a <br /> separate offense. <br /> G. Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the <br /> Town of Mashpee may elect to utilize the non-criminal disposition procedure set forth in <br /> G.L.Ch.40, §21D in accordance with the provisions of Chapter 1,Article III, §1-3 of these <br /> Bylaws , in which case the DPW Director or other authorized agent of the Town shall be <br /> the enforcing person. The penalty for the Ist violation shall be $50.00. The penalty for <br /> the 2nd violation shall be $150.00. The penalty for the 3rd and subsequent violations shall <br /> be$300.00. Each day or part thereof that such violation occurs or continues shall constitute <br /> a separate offense. <br /> H. Entry to Perform Duties under this Bylaw. To the extent permitted by state law, or if <br /> authorized by the owner or other party in control of the property, the DPW, its agents, <br /> officers, and employees may enter upon privately owned property for the purpose of <br /> performing their duties under this bylaw and regulations and may make or cause to be made <br /> such examinations, surveys or sampling as the DPW deems reasonably necessary. <br /> I. Appeals. Except as otherwise provided herein,he decisions or orders of the DPW shall be <br /> final. Further relief shall be to a court of competent jurisdiction. <br /> J. Remedies Not Exclusive. The remedies listed in this bylaw are not exclusive of any other <br /> remedies available under any applicable federal, state or local law. <br /> 85 - 12. Severability <br /> The provisions of this bylaw are hereby declared to be severable. If any provision,paragraph, sentence, or <br /> clause of this bylaw or the application thereof to any person, establishment, or circumstances shall be held <br /> invalid, such invalidity shall not affect the other provisions or application of this bylaw. <br /> 85 - 13. Transitional Provisions <br /> Residential property owners shall have 60 days from the effective date of the bylaw to comply with its <br /> provisions provided good cause is shown for the failure to comply with the bylaw during that period. <br /> or take any other action relating thereto. <br /> Submitted by the Board of Selectmen <br /> 9 <br />
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