[HISTORY: Adopted by the Town of Randolph 4-18-1995 ATM by Art. 8, approved 10-27-1995. Amendments noted where applicable.]
Fines — See Ch. 301.
All complaints and prosecutions for breach of these ordinances shall be instituted and commenced within sixty (60) days, unless otherwise provided, from the time of committing such breach.
These ordinances shall take effect from and after their adoption by the Town Council, as provided by law.
Upon adoption by the Town Council, as may be provided by law of these ordinances, all previous ordinances now or heretofore in force shall become null and void, except for the following, which are specifically saved from repeal:
Any vote of the Town, ordinances, or other action establishing or amending Classification, Salary, Wage and Miscellaneous Compensation Schedules is not hereby repealed.
While an effort has been made to locate and identify every preexisting ordinance of the Town, any ordinance which, having been overlooked or undiscovered as an originating source ordinance for this recodification, is not specifically listed in the schedule entitled "General Code Publishers Corporation Table of Source Sections or Distribution of Legislation List," on file with the Town Clerk, is not hereby repealed and shall instead continue in full force and effect until further action of the Town Council.
These ordinances may be amended at any meeting of The Town Council, in accordance with the Town Charter.
The penalty for breach of any ordinance, unless otherwise provided for herein, shall be a fine in accordance with the fine schedule. The penalty provided shall be applicable to all Town Ordinances which do not otherwise provide for a penalty.
The violator shall be required to remedy the violation in addition to the fine.
The Town may appoint one (1) or more persons to enforce the compliance of the Town General and Zoning Ordinances, state laws and regulations and wetland rules.
The Town shall appoint one (1) or more persons to act as the Municipal Hearings Officer. The Hearings Officer shall act as the appeal process between the Code Enforcement Officer and the Violator.
The enforcing person shall make a record of complaint, in the form of a "Violation Notice," and shall include to the extent possible, name and address of person violating; name and address of owner of the property to which the violation has taken place; date, time, and motor vehicle registration number. In the event that the violator refuses to provide the above-noted requested information, or in the event that such any information provided by the violator proves to be false, then said person may be fined additionally in accordance with the General Ordinances of the Town of Randolph. The enforcing person shall give the violator a notice of the violation and fine, if in the event the enforcing person can not hand deliver the violation notice, the notice may be sent by certified mail, return receipt requested, to the last known address of the offender, or the address where the violation took place. A copy of each "Violation Notice:" shall be sent to the owner of real estate for the location where the violation took place.
No person, being the landlord or person in charge of a residential structure shall permit, or suffer, the repeated violations of these ordinances, after such notice thereof. The legal owner of real property within the Town of Randolph may be fined additionally for repeated violations in accordance with the General Ordinances of the Town of Randolph. It shall be considered a defense that the landlord or person in charge of a residential structure shall have made a good faith effort including the seeking of a court order to prevent said violations.
Fine and Violation may be disposed of pursuant to MGL c. 40, § 21D, by the non-criminal disposition procedures stated, however, that if a violator fails to follow the procedure and requirements of said section, the fines shall become a lien on the property of the real property, or shall be recovered by indictment or a complaint pursuant to MGL c. 40, § 41, as well as MGL c. 40U.
[Amended 9-23-2013 by Ord. No. 2013-010]
The Local Code Enforcement Officer shall indicate on the notice of violation that the violation is either 1) a written warning or 2) a code violation. If the notice is for one (1) or more violations, the Code Enforcement Officer shall indicate on the notice the scheduled assessments for each violation alleged. If the notice is for a continuing condition, the Code Enforcement Officer shall indicate that the condition must be corrected within twenty-four (24) hours of receipt of such notice. Failure to correct condition within twenty-four (24) hours may serve as grounds for criminal prosecution.
The Violator may appeal any decision of the Code Enforcement Officer to the Municipal Hearings Officer. The Appeal must be initiated within fourteen (14) calendar days of the person receiving such notice. The Hearings Officer shall act on the request for a hearing within fourteen (14) calendar days of receiving notice.
Final disposition. Any person notified to appear before the Clerk of a District Court as hereinbefore provided may so appear and confess the offense charged either personally or through a duly authorized agent or by mailing to the Town Clerk of the Town of Randolph, together with the notice, such specific sum of money as the Town shall fix as penalty for violating the ordinance, rule or regulation. Such payment shall, if mailed, be made only by postal notice, money order. Upon receipt of the notice, the Town Clerk shall forthwith notify the District Court Clerk of such payment, and the receipt by the District Court Clerk of such notification shall operate as a final disposition of the case. The case shall be governed by the provisions of MGL c. 40, § 21D.
The fines defined herein shall become a priority municipal lien on the real property in accordance with MGL c. 40U, as adopted.
[Added 9-23-2013 by Ord. No. 2013-010]