[Adopted 8-22-1990, effective 8-24-1990]
The regulations in this Article II are generally applicable to all Board of Health regulations set forth in Chapter 332, Sewage Disposal and Treatment, Articles I, III and IV, Chapter 371, Toxic and Hazardous Materials, and Chapter 386, Article I, Private Wells, of the Town Regulations and any other present or future regulations that the Board of Health may designate by resolution.
A. 
The Health Agent shall investigate violations of Chapter 332, Sewage Disposal and Treatment, Articles I, III and IV, Chapter 371, Toxic and Hazardous Materials, and Chapter 386, Article I, Private Wells, of the Town Regulations and any regulations adopted by the Board of Health and may take such actions as the Agent deems necessary for the protection of the public health and the enforcement of the regulations adopted by the Board of Health.
B. 
If an investigation reveals a violation of any regulation adopted by the Board of Health, the Health Agent shall order the owner to comply with the violated provision(s).
C. 
These orders shall be in writing and served in the following manner:
(1) 
Personally, by any person authorized to serve civil process; or
(2) 
By any person authorized to serve civil process by leaving a copy of the order at the owner's/operator's last and usual place of abode; or
(3) 
By sending the owner/operator a copy of the order by registered or certified mail, return receipt requested, if the owner/operator is within the Commonwealth; or
(4) 
If the owner's/operator's last and usual place of abode is unknown or outside the Commonwealth, by posting a copy of the order in a conspicuous place on or about the premises and by advertising it for three out of five consecutive days in one or more newspapers of general circulation on Nantucket.
The owner/operator to whom any order has been served may request a hearing before the Board of Health by filing with the Board, within seven days after the day the order was served, a written petition requesting a hearing on the matter. Upon receipt of such petition, the Board shall set a time and place for such hearing and shall inform the owner/operator thereof in writing. The hearing shall be commenced not later than 30 days after the day on which the order was served. The Board, upon application of the owner/operator, may postpone the date of the hearing for a reasonable time beyond such thirty-day period if in the judgment of the Board the owner/operator has submitted a good and sufficient reason for such postponement. At the hearing, the owner/operator shall be given an opportunity to be heard and to show why the order should be modified or withdrawn. After the hearing, the Board shall sustain, modify, or withdraw the order and shall inform the owner in writing of its decision. If the Board sustains or modifies the order, it shall be carried out within the time period allotted in the original order or in the modification.
A. 
Every notice, order, or other record prepared by the Board in connection with the hearing shall be entered as a matter of public record in the office of the Board of Health.
B. 
If a written petition for a hearing is not filed with the Board within seven days after the day an order has been served or if, after the hearing, the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense.
Any person aggrieved by a decision of the Health Agent may seek relief therefrom within 30 days by appeal to the Board, which shall, after the hearing, issue a final decision. Any person aggrieved by the final decision of the Board may seek relief therefrom within 30 days in any court of competent jurisdiction, as provided by the laws of the Commonwealth.
A. 
Any person who violates any provision of any regulations adopted by the Board of Health, or who fails to comply with any order by the Board for which a penalty is not provided in MGL c 111, § 31, or otherwise in any of the General Laws, shall, upon conviction, be fined $300. Each day's failure to comply with any order by the Board shall constitute a separate offense.
B. 
The Health Agent, as enforcing person, may, as an alternative to the initiation of criminal proceedings, seek enforcement through noncriminal proceedings pursuant to MGL c. 40, § 21D and Chapter 1, Article II of the Code of the Town of Nantucket, in which case a penalty of $300 shall be imposed for each violation of any provision of any regulations adopted by the Board of Health. Each day that a violation occurs shall be deemed a separate violation.
The Board of Health may vary any provision of any regulations adopted by the Board of Health with respect to any particular case when, in its opinion, 1) the enforcement thereof would do manifest injustice, and 2) the applicant has proved that the same degree of protection can be achieved without strict application of the particular provision. All variances shall be considered at a hearing by the Board of Health and shall further comply with Article I, Variances, of this chapter.
Each regulation adopted by the Board of Health shall be construed as separate to the end that if any regulation or sentence, clause, or phrase thereof shall be held invalid for any reason, the remainder of that regulation and all other regulations shall continue in full force.
The regulations adopted by the Board of Health or any portion thereof may be amended, supplemented or repealed from time to time by the Board, with notice as provided by law, on its own motion or by petition.
Issuance of a well, septic system or other permit under regulations adopted by the Board of Health shall not be construed as a guarantee by the Board or its agents that the water, septic or disposal system permit will function satisfactorily nor that the water supply or disposal will be of sufficient quality or quality for its intended use.