The Department of Public Works Superintendent shall have enforcement
authority and may delegate said authority to appropriate Town officials,
including, but not limited to, the Director of Planning and Conservation
or their designee.
Any development activity that has commenced or is conducted
contrary to this bylaw may be restrained by injunction or otherwise
abated in a manner provided by law.
When the Department of Public Works Superintendent determines
that an activity is not being carried out in accordance with the requirements
of this bylaw, it shall issue a written notice of violation to the
owner of the property. The notice of violation may contain:
A.
The name and address of the owner applicant;
B.
The address, when available, or the description of the building,
structure, or land upon which the violation is occurring;
C.
A statement specifying the nature of the violation;
D.
A description of the remedial measures necessary to bring the development
activity into compliance with this bylaw and a time schedule for the
completion of such remedial action;
E.
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
F.
A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of service of notice of violation;
G.
A statement requiring the elimination of illicit connections or discharges
to South Hadley's MS4 system.
Persons receiving a notice of violation will be required to
halt all construction activities. This stop-work order will be in
effect until the Department of Public Works Superintendent confirms
that the development activity is in compliance and the violation has
been satisfactorily addressed. Failure to address a notice of violation
in a timely manner can result in civil, criminal, or monetary penalties
in accordance with the enforcement measures authorized in this bylaw.
Any person who violates any provision of this bylaw, valid regulation,
or the terms or conditions in any permit or order prescribed or issued
thereunder shall be subject to a fine not to exceed $300 per lot for
each day such violation occurs or continues or be subject to a civil
penalty, which may be assessed in an action brought on behalf of the
Town of South Hadley in any court of competent jurisdiction.
As an alternative to criminal prosecution or civil action, the
Town of South Hadley may elect to utilize the noncriminal disposition
procedure set forth in South Hadley bylaws.[1] The penalty for the first violation shall be $100. The
penalty for the second violation shall be $200. The penalty for the
third and subsequent violations shall be $300. Each day or part thereof
that such violation occurs or continues shall constitute a separate
offense.
Any violator shall be required to restore land to its undisturbed
condition or another solution deemed appropriate by the Planning Board.
In the event that restoration is not undertaken within a reasonable
time after notice, the Department of Public Works may, but shall not
be required to do so, take necessary corrective action, the cost of
which shall become a lien upon the property until paid.
Occupation permits will not be granted until corrections to
all stormwater practices have been made and accepted by the Planning
Board.
