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the owner(s) from requiring the occupant(s) to <br />dispose of the refuse; however, the owner(s) shall <br />be ultimately responsible for maintaining the <br />dwelling unit and property in a clean and sanitary <br />condition at the end of each lease period. <br />§ J. Suspension, Modification or Revocation of <br />Rental Certificate <br />1. The Board of Health may suspend or revoke any <br />Rental Certificate after a hearing, and in <br />accordance with the procedures set forth in 105 <br />CMR 410.830-860, for any violation of any <br />provision of this bylaw, the State Sanitary Code, or <br />any other applicable General Law, bylaw, or <br />regulation intended to protect public health, safety <br />or the environment. <br />2. The Board of Health may, in lieu of suspension or <br />revocation, modify any Rental Certificate to <br />impose additional conditions including, but not <br />limited to, a requirement for periodic inspections <br />and/or a limitation on the maximum number of <br />occupants allowed. <br />3. If any Rental Certificate is suspended or revoked, <br />the owner(s) of the premises shall be responsible <br />for finding or providing alternative and comparable <br />housing for any and all occupants, until such time <br />as the tenancy ends or the Rental Certificate is <br />reinstated. <br />4. This chapter is intended to further the objectives <br />of, and to be implemented in conformance with any <br />applicable federal, state, and local laws concerning <br />the maintenance of property and the habitation of <br />dwellings. Nothing in this chapter is intended to <br />limit or restrict the authority of the Board of <br />Health, or any other board, commission or officer <br />of the Town, to act in accordance with federal, <br />state, and local laws within their jurisdiction, <br />including, but not limited to, the emergency <br />condemnation procedures set forth within the State <br />Sanitary Code. <br />5. The Town of Mashpee may enforce this bylaw or <br />enjoin violations thereof through any lawful <br />process, and the election of one remedy by the <br />Town of Mashpee shall not preclude enforcement <br />through any other lawful means. <br />§ K. Enforcement, Fines and Penalties <br />1. This chapter may be enforced by the Inspector of <br />Buildings, Health Agent, a police officer or such <br />other agent of the Town duly authorized by the <br />Board of Selectmen. <br />2. Any owner(s) or agent(s) thereof who shall offer <br />for rent or lease any building, or portion thereof, <br />which has not been issued a Rental Certificate shall <br />be punished by a fine of three hundred dollars <br />($300.00) per violation. <br />3. If it is determined that the number of occupants in <br />any building or portion thereof used for habitation <br />exceeds the number on the Rental Certificate, or if <br />no Rental Certificate shall be in effect, the <br />owner(s), lessee(s), or person(s) in control of said <br />building or portion thereof shall be punished by a <br />fine of three hundred dollars ($300.00) per <br />violation. <br />4. Whoever violates any provision of this by-law may <br />be penalized by a non -criminal disposition process, <br />as provided in M.G.L. c.40 §21D and the Town's <br />non -criminal disposition law. If a non -criminal <br />disposition is elected, then any person who violates <br />any provision of this by-law shall be subject to a <br />penalty of three hundred dollars ($300.00) per <br />violation. <br />5. Each day or portion thereof shall constitute a <br />separate violation. If more than one, each <br />provision hereof violated shall constitute a separate <br />offense. <br />§ L. Severability <br />If a court determines that any provision of this chapter <br />is invalid or unenforceable, the other provisions hereof <br />shall not be affected thereby, and shall continue in full <br />force and effect. <br />or take any other action relating thereto. <br />Submitted by the Board of Selectmen <br />Explanation: The purpose of this bylaw is to protect <br />the health, safety, and welfare of both the occupant(s) <br />of rental housing units and the general public, and to <br />maintain the quality of life in residential <br />neighborhoods. This bylaw will assist the Town of <br />Mashpee in the enforcement of state and local health <br />and safety laws and regulations and will provide a <br />method for correcting violations when conditions <br />require immediate attention, in particular, situations <br />associated with rental tenancy in the Town of Mashpee. <br />a <br />