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relief in a court of competent jurisdiction <br />restraining the person from activities which would <br />create further violations or compelling the person <br />to perform abatement or remediation of the <br />violation. <br />C. Orders. The DPW Director or an authorized agent <br />of the DPW Director may issue a written order to <br />enforce the provisions of this bylaw or the <br />regulations thereunder, which may include: (a) <br />elimination of illicit connections or discharges to <br />the MS4; (b) performance of monitoring, analyses, <br />and reporting; (c) that unlawful discharges, <br />practices, or operations shall cease and desist; and <br />(d) remediation of contamination in connection <br />therewith. <br />D. If the enforcing person determines that abatement <br />or remediation of contamination is required, the <br />order shall set forth a deadline by which such <br />abatement or remediation must be completed. Said <br />order shall further advise that, should the violator <br />or property owner fail to abate or perform <br />remediation within the specified deadline, the <br />Town of Mashpee may, at its option, undertake <br />such work, and expenses thereof shall be charged <br />to the violator. <br />E. Within thirty (30) days after completing all <br />measures necessary to abate the violation or to <br />perform remediation, the violator and the property <br />owner upon which the violation occurred will be <br />notified of the violation abatement costs incurred <br />by the Town of Mashpee, including administrative <br />costs relating thereto. The violator or property <br />owner may file a written protest objecting to the <br />amount or basis of costs with the Town of Mashpee <br />within thirty (30) days of receipt of the notification <br />of the costs incurred. If the amount due is not <br />received by the expiration of the time in which to <br />file a protest or within thirty (30) days following a <br />decision of Board of Selectmen affirming or <br />reducing said costs, or from a final decision of a <br />court of competent jurisdiction relative thereto, the <br />costs shall become a special assessment/charge <br />against the property owner and shall constitute a <br />municipal charges lien on the owner's property in <br />the amount of said costs. Said municipal charges <br />lien was authorized by Town Meeting upon <br />adoption of this bylaw pursuant to the provisions <br />of G.L. c. 40, §58 and shall be implemented in <br />accordance therewith. <br />F. Criminal Penalty. Any person who violates any <br />provision of this bylaw, or any regulation, order or <br />permit issued thereunder, shall be punished by a <br />fine of not more than $300.00. Each day or part <br />thereof during which such violation occurs or <br />continues shall constitute a separate offense. <br />G. Non -Criminal Disposition. As an alternative to <br />criminal prosecution or civil action, the Town of <br />Mashpee may elect to utilize the non -criminal <br />disposition procedure set forth in G.L. Ch. 40, <br />§21D in accordance with the provisions of Chapter <br />1, Article III, § 1-3 of these Bylaws , in which case <br />the DPW Director or other authorized agent of the <br />Town shall be the enforcing person. The penalty <br />for the 1 st violation shall be $50.00. The penalty <br />for the 2nd violation shall be $150.00. The penalty <br />for the 3rd and subsequent violations shall be <br />$300.00. Each day or part thereof that such <br />violation occurs or continues shall constitute a <br />separate offense. <br />H. Entry to Perform Duties under this Bylaw. To the <br />extent permitted by state law, or if authorized by <br />the owner or other party in control of the property, <br />the DPW, its agents, officers, and employees may <br />enter upon privately owned property for the <br />purpose of performing their duties under this bylaw <br />and regulations and may make or cause to be made <br />such examinations, surveys or sampling as the <br />DPW deems reasonably necessary. <br />I. Appeals. Except as otherwise provided herein, he <br />decisions or orders of the DPW shall be final. <br />Further relief shall be to a court of competent <br />jurisdiction. <br />J. Remedies Not Exclusive. The remedies listed in <br />this bylaw are not exclusive of any other remedies <br />available under any applicable federal, state or <br />local law. <br />85 - 12. Severability <br />The provisions of this bylaw are hereby declared to be <br />severable. If any provision, paragraph, sentence, or <br />clause of this bylaw or the application thereof to any <br />person, establishment, or circumstances shall be held <br />invalid, such invalidity shall not affect the other <br />provisions or application of this bylaw. <br />84 <br />