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E. Within thirty (30) days after completing all measures necessary to abate the violation or <br /> to perform remediation, the violator and the property owner upon which the violation <br /> 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 <br /> within thirty (30) days following a decision of Board of Selectmen affirming or reducing <br /> said costs, or from a final decision of a court of competent jurisdiction relative thereto, <br /> the costs shall become a special assessment/charge against the property owner and shall <br /> constitute a municipal charges lien on the owner's property in the amount of said costs. <br /> Said municipal charges lien was authorized by Town Meeting upon adoption of this bylaw <br /> pursuant to the provisions of G.L. c. 40, §58 and shall be implemented in accordance <br /> 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 <br /> a 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 <br /> in G.L. Ch. 40, §21D in accordance with the provisions of Chapter 1, Article III, §1-3 of <br /> these Bylaws , in which case the DPW Director or other authorized agent of the Town <br /> shall be the enforcing person. The penalty for the 1st violation shall be $50.00. The <br /> penalty for the 2nd violation shall be $150.00. The penalty for the 3rd and subsequent <br /> violations shall be $300.00. Each day or part thereof that such violation occurs or <br /> continues shall constitute 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 <br /> made 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 <br /> be 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, <br /> or clause of this bylaw or the application thereof to any person, establishment, or circumstances shall <br /> be held invalid, such invalidity shall not affect the other provisions or application of this bylaw. <br /> 9 <br />