07/22/2019 BOARD OF SELECTMEN Agenda Packet

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the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to-file a protest or within thirty (30) days following a decision of Board of Selectmen affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner's property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. Ch. 59, § 57 after the thirty-first day at which the costs first become due. Criminal Penalty. Any person who violates any provision of this bylaw, regulation, order or permit issued thereunder, shall be punished by a fine of not more than $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the Town of Mashpee may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21D and the insert citation town enabling vote/bylaw cif applicable) of the Town of Mashpee, in which case the insert title or other authorized agent of the city/town shall be the enforcing person. The penalty for the 1st violation shall be $50.00. The penalty for the 2nd violation shall be $150.00. The penalty for the 3rd and subsequent violations shall be $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. Entry to Perform Duties under this Bylaw. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the DPW, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this bylaw and regulations and may make or cause to be made such examinations, surveys or sampling as the DPW deems reasonably necessary. Appeals. The decisions or orders of the DPW shall be final. Further relief shall be to a court of competent jurisdiction. Remedies Not Exclusive. The remedies listed in this bylaw are not exclusive of any other remedies available under any applicable federal, state or local law. SECTION 12. SEVERABILITY The provisions of this bylaw are hereby declared to be severable. If any provision, paragraph, sentence, or clause, of this bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw. SECTION 13. TRANSITIONAL PROVISIONS Residential property owners shall have 60 days from the effective date of the bylaw to comply with its provisions provided good cause is shown for the failure to comply with the bylaw during that period. or take any other action relating thereto. Explanation: The purpose of this bylaw is to explicitly prohibit contaminants from being released and/or entering the Town's stormwater system and ultimately into the Town's surface and groundwaters. Adoption of this bylaw is a requirement of the Town's General Storm Water Permit issued by the Environmental Protection Agency through the National Pollutant Discharge Elimination System.