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DRAT°1:'4#l. MAY 2019 SPECIAL &, ANNUAL TOWN MEETING WARRANT Pagle )4 <br /> D. This by-law is intended to further the objectives of and to act in concert with any federal, state, <br /> and local laws concerning the maintenance. of property and the habitation of dwellings. <br /> Nothing in this by-law is intended to limit or restrict the authority of the Town of Mashpee, or <br /> any other board, commission or officer of the Town, to act in accordance with federal, state, <br /> and local laws within their jurisdiction including, but not limited to, the emergency <br /> condemnation procedures set forth within the State Sanitary Code. <br /> E. The Town of Mashpee may enforce this by-law or enjoin violations thereof through any lawful <br /> process, and the election of one remedy by the Town of Mashpee shall not preclude <br /> enforcement through any other lawful means. <br /> Enforcement, Fines and Penalties <br /> A. Any agent of the Town of Mashpee may enforce this by-law. <br /> B. Any owner(s)or agent(s)who shall offer for rent or lease any building or portion thereof which <br /> has not been issued a Rental Certificate shall be punished by a fine of three hundred dollars <br /> ($300.00). <br /> C. If it is determined that the number of occupants in any building or portion thereof used for <br /> habitation exceeds the number on the Rental Certificate, or if no Rental Certificate shall be in <br /> effect, the owner(s), lessee(s), or person(s) in control of said building or portion thereof shall <br /> be punished by a fine of three hundred dollars ($300.00). <br /> D. Whoever violates any provision of this by-law may be penalized by a non-criminal disposition <br /> process, as provided in M.G.L. c.40 §21D and the Town's non-criminal disposition law. If a <br /> non-criminal disposition is elected, then any person who violates any provision of this by-law <br /> shall be subject to a penalty of three hundred dollars ($300.00). <br /> E. Each day or portion thereof shall constitute a separate offense. If more than one, each <br /> condition violated shall constitute a separate offense. <br /> Severability <br /> If a court determines that any provision of these by-laws is invalid or unenforceable, the other <br /> provisions hereof shall not be affected thereby, and shall continue in full force and effect. <br /> Submitted by the Board of Health <br /> Explanation: The purpose of this by-law is to protect the health, safety, and welfare of both the <br /> occupant(s) of rental housing units and the general public, and to maintain the quality of life in <br /> residential neighborhoods. This by-law will assist the Town of Mashpee in the enforcement of <br /> state and local health and safety laws and regulations, and will provide a method for correcting <br /> violations when conditions require immediate attention, in particular, situations associated with <br /> rental tenancy in the Town of Mashpee. <br /> The Board of Selectmen recommends approval of Article by a vote of <br /> The Finance Committee recommends approval of Article by a vote of <br />