[Amended STM 10-2-1978 by Art. 1]
No building shall be erected, altered or moved
in the Town without a written permit issued by the Building Inspector.
Permits shall be applied for in writing. The Building Inspector shall
not issue any such permit unless the plans for the building and the
intended use thereof in all respects fulfills the provisions of this
chapter, except as may have been specifically permitted otherwise
by action of the Board of Appeals, provided that a written copy of
the terms governing any such permission be attached to the application
and to the resulting building permit issued. One copy of each such
permit, as issued, including any conditions or exceptions attached
thereto, shall be kept on file in the office of the Building Inspector.
This provision shall not apply to alterations of less than $2,000.
Each application for a permit to build, alter
or move a building shall be accompanied by a plot plan in such number
of copies and drawn to such scale as is required by the Building bylaws
of the Town. Each such plot plan shall show dimensions and areas of
lots and of structures to be erected, altered or moved and adjacent
streets or angles of all lot lines shown thereon, and also of any
streets or ways. Such plot plans shall also indicate approved street
grades and proposed elevations of the tops of foundations, the locations
of existing sanitary sewers, storm drains and water pipes in any street
shown and the locations of all existing buildings and structures within
the application area, provided that the cost of said construction
exceeds $500.
[Amended STM 10-2-1978 by Art. 1; ATM 5-3-2005 by Art. 47; 11-16-2021 STM by Art.
4]
This chapter shall be enforced by the Building
Inspector or other person designated by the Select Board. The Building
Inspector, upon being informed, in writing, of a possible violation
of this chapter or on his own initiative shall make or cause to be
made an investigation. After investigation and inspection, he shall
give written notice of such premises. The Building Inspector shall
demand in such notice that such violation is abated within a reasonable
time, designated therein by the Building Inspector. Such notice and
demand may be given by mail addressed to the owner at the address
appearing for him on the most recent real estate tax records of the
Town and to the occupant at the address of the premises of such seeming
violation. A copy of said notice shall be filed with the Select Board.
The Building Inspector shall also comply with the notice requirements
in MGL C. 40A, § 7.
[Amended STM 10-2-1978 by Art. 1]
If, after such notice and demand, such violation has not been abated within the time specified, the Building Inspector shall institute appropriate action or proceedings in the name of the Town to prevent, correct, restrain or abate any violation of this chapter. Penalties as specified in § 205-58 shall begin immediately upon expiration of the time specified for abatement by the Building Inspector if such abatement has not taken place.
[Amended STM 10-2-1978 by Art. 8; ATM 5-3-1997 by Art. 34]
Any violation of any provision of this chapter
or of any regulation by the Town Health Officer pursuant to this chapter
shall be punished by a fine of not more than $300. Each violation
and each day of violation shall constitute a separate offense, punishable
by fine as aforesaid.
[Added STM 11-18-2014 by Art. 14]
In addition to the provisions of enforcement listed above, the
Building Commissioner may, in his discretion, enforce the provisions
of the Zoning Bylaw by noncriminal disposition pursuant to MGL c.
40, § 21D. Each day on which a violation exists shall be
deemed to be a separate offense. Noncriminal citations may be appealed
to Gardner District Court or Worcester County Housing Court in accordance
with MGL c. 40, § 21D. The penalty for violation of any
provision of the Zoning Bylaw pursuant to this section shall be $50
for the first offense; $75 for the second offense; $100 for the third
offense; and $125 for the fourth and each subsequent offense.
