Town of Agawam, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Agawam 10-16-1989 by TOR-89-27. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 169.

§ 172-1 Number on private property restricted.

No person, business, corporation, enterprise or other legal entity shall allow or permit the presence of more than one unregistered vehicle on the property he, she or it owns, rents, leases, occupies or which is otherwise under his, her or its control in violation of the provisions of Chapter 180, Zoning, of the Code of the Town of Agawam.

§ 172-2 Service of notice of violation.

The Building Department and/or the Police Department shall have the authority and power to issue a written notice ordering removal of unregistered vehicles in violation of Chapter 180, Zoning, of the Code. Said notice shall order removal within 14 days of receipt and shall be served:
A. 
Personally by a duly authorized member of the Police Department and/or the Building Department;
B. 
By leaving a copy at the last and usual place of abode or business;
C. 
By sending a copy by registered or certified mail, return receipt requested, at the last known address; or
D. 
If the address is unknown, and service in hand is not possible, by posting a copy in a conspicuous place on or about the property.

§ 172-3 Compliance with fourteen-day notice period.

No person, business, corporation, enterprise or other legal entity shall allow or permit said unregistered vehicles to remain upon the property he, she or it owns, rents, leases, occupies or which is otherwise under his, her or its control for any period of time after expiration of the fourteen-day notice period.

§ 172-4 Violations and penalties.

Whoever violates this chapter shall be fined not more than $300 but not less than $100 per vehicle for the first offense. Second and subsequent offenses shall result in a mandatory fine of $500 per vehicle. The Building Department and/or the Police Department shall be permitted to remove unregistered vehicles in violation of Chapter 180, Zoning, of the Code of the Town of Agawam, provided that they have served written notice in accordance with the terms outlined above and 30 days has elapsed from the time written notice was received by the alleged violator. The Town of Agawam shall be entitled to restitution for any and all costs incurred in the removal, towing, storage and disposal of said unregistered vehicles. The Town of Agawam shall store all vehicles removed for a minimum of fourteen days prior to arranging for disposal of said vehicles. Whoever violates any provision of this section shall pay to the Town of Agawam all costs and expenses, including reasonable attorney's fees, incurred by the town in the enforcement and prosecution of this section. Each day said violation is permitted to continue after expiration of the fourteen-day notice period shall constitute a separate violation of this section. This section shall not apply to duly licensed Class I, II and III dealers.

§ 172-5 Alternative proceedings for violations.

[Added 6-6-2005 by TOR-2005-1]
A. 
Any violation of this chapter, Chapter 172, may, in the discretion of the Inspector of Buildings, or his designee, or any police officer as directed by the Police Chief or his designee, be enforced by the noncriminal complaint method for which provision is made, and/or as set forth in MGL c. 40, § 21D, as amended from time to time, that is, noncriminal disposition. Fines issued pursuant to § 172-5 shall be as follows:
(1) 
First offense: $25.
(2) 
Second offense: $50.
(3) 
Third offense and each subsequent offense: $100.
B. 
Each day on which a violation exists shall constitute and be deemed a separate offense.