When the Commission or its agent has determined that an activity
has occurred or is occurring in violation of any provision of the
bylaw, the regulations promulgated under it, or any conditions of
a valid order of conditions, the Commission or its agent may issue
an enforcement order or a violation notice. Violations shall be punished
by a fine of not more than $300. Each day or portion thereof of continuing
violation shall constitute a separate offense. The bylaw, these regulations,
and all orders of conditions may be enforced by the Commission and
its designees.
Additional fines and fees are according to the schedule below
and are payable to the Town of Lunenburg for the Conservation Commission
within 21 days. The Town Clerk may record in the Registry of Deeds
a conservation lien, equaling the decision of the Conservation Commission
at the administrative hearing, against all property in the Town of
Lunenburg held by the property owner at the time of the violation.
Members and agents of the Commission may lawfully enter upon
privately owned land for the purpose of performing their duties under
the bylaw and these rules and regulations.
Persons subject to fines for violations and enforcement orders
may include property owners and contractors and other agents of such
property owner.
A.
A violation notice is a letter sent to the property owner, contractor,
or agent requesting them to stop the activity and to appear before
the Commission for an administrative hearing to determine if fines
are warranted, and informing them of the fees and fine schedule. The
Conservation Administrator is authorized to send the letter upon verbal
approval by the Commission Chair or Vice-Chair. The notice will be
mailed at least 48 hours prior to the hearing by certified mail or
by hand delivery. If the property owner requests a continuance in
writing, the Commission may grant it, provided that the reasons are
compelling.
B.
At the administrative hearing, the Commission will discuss the violation
and provide the person an opportunity to respond to the evidence and
the circumstances. If a majority of the Commission finds by a preponderance
of the evidence that a violation has occurred, the amount of the fine
will be determined by the Commission at the hearing. The Commission
reserves the right to adjust the fine in response to new information
or circumstances at an administrative hearing for which the property
owner will be given notice as above.
A.
An enforcement order is a legal document and may be used if the violations
are significant and may be enforced by the DEP for WPA violations,
but does not preclude a violation notice. An enforcement order issued
by the Commission shall be signed by a majority of the Commission.
In a situation requiring immediate action, an enforcement order may
be signed by a single member or agent of the Commission, provided
said order is ratified by a majority of the members at the next scheduled
meeting of the Commission.
B.
The violations include, but are not limited to:
(1)
Failure to comply with a final order, such as failure to observe
a particular condition or time period specified in the order;
(2)
Failure to complete work described in a final order, when such
failure causes damage to the interests identified in the bylaw; or
(3)
Failure to obtain a valid order of conditions or extension permit
prior to conducting an activity subject to regulation under the bylaw.
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Violation and Enforcement Order Fees and Fines
| |
|---|---|
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Application fee for filing NOI after any violation
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2 times the standard filing fees
|
|
PLUS Advertising Fee
|
$40
|
|
PLUS Bylaw Fee
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$25
|
|
PLUS Inspection and Office Fees
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$100
|
|
PLUS Lift Order Fee when site is satisfactory
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$150
|
|
PLUS Each "No-Show" at hearing
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$100
|
|
PLUS daily offense fine
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$300/day
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