Laserfiche WebLink
DRAFT #2 MAY 2019 SPECIAL, & ANNUAL "I'OWN MEE'FING WARRAN"I' llagie 31. <br /> Suspension, Modification or Revocation of Rental Certificate <br /> A. The Town of Mashpee may suspend or revoke any Rental Certificate after a hearing, and in <br /> accordance with the procedures set forth in 105 CMR 410.830-860, for any violation of any <br /> provision of this by-law, the State Sanitary Code, or any other applicable General Law, by-law, <br /> or regulation intended to protect public health, safety or the environment. <br /> B. The Town of Mashpee may, in lieu of suspension or revocation, modify any Rental Certificate to <br /> impose additional conditions including, but not limited to, a requirement for periodic <br /> inspections and/or a limitation on the maximum number of occupants allowed. <br /> C. If any Rental Certificate is suspended or revoked, the owner(s) of the premises shall be <br /> responsible for finding or providing alternative and comparable housing for any and all <br /> occupants, until such time as the tenancy ends or the Rental Certificate is reinstated. <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 non- <br /> criminal disposition is elected, then any person who violates any provision of this by-law shall <br /> 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 condition <br /> 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 />