When the Commission determines that an activity has occurred
or is occurring in violation of the bylaw or a permit issued hereunder,
the Commission may issue a notice of violation, or take any other
action authorized by law.
A. It shall
be a violation of the bylaw and these regulations to:
(1) Fail to comply with or to observe the conditions in a permit;
(2) Fail to complete approved work described in a permit by the expiration
date of the order of conditions;
(3) Fail to obtain a valid permit before conducting any activity subject
to regulation under the bylaw;
(4) Cause, suffer or allow any illegal work or activity;
(5) Fail to comply with a notice of violation; and/or
(6) Fail
or refuse to remove illegal fill or to restore any illegally altered
area to its previous condition.
B. Each day that any of the foregoing violations continues shall be
considered a separate offense.
A notice of violation may be either a violation notice (letter)
or an enforcement order. A violation notice is a formal letter sent
to a property owner or contractor suspected to have violated the bylaw,
requesting the person to stop the activity and contact the Commission
to determine if there is a problem and how to deal with it. It does
not carry any legal force, but puts the person on notice and starts
a paper trail that could lead to an enforcement order if the problem
is not resolved. An enforcement order is a legal document (DEP WPA
Form 9) used for known violations that are serious because they are
continuing to damage a resource area, are repeat violations by the
same individual, or are flagrant violations. When the activity involves
a violation of the WPA as well as the bylaw, the DEP can step in under
the enforcement order to assist in enforcement and issue fines for
wetland violations under the WPA.
A notice of violation in the form of a violation notice (letter)
may be issued by the Conservation Administrator upon approval from
the Commission Chair or Vice-Chair. It does not need to be signed
or ratified by the Commission. A notice of violation in the form of
an enforcement order is issued by the Commission and must be signed
by a majority of the Commission. In a situation requiring immediate
action, a notice of violation enforcement order may be signed by the
Chair or Vice-Chair, but must be ratified by majority vote of a quorum
of the members at the next meeting of the Commission. The enforcement
order may also be amended by a majority of the Commission at a public
meeting. Failure to ratify the enforcement order may render it void.
Because of the importance of getting Commission ratification of an
enforcement order when signed by only one member, the Commission will
post and hold a public meeting within five business days to review
and vote to ratify such enforcement order.
Any person aggrieved by the issuance of a notice of violation
may request a hearing by making a written request delivered to the
Conservation Commission office within seven days of its receipt.