A.
The following rules and regulations and all subsequent changes and
additions thereto shall constitute a part of the contract with every
person, corporation, and owner of property in the Town of South Hadley.
Every such person, corporation, and property owner shall be considered
as having expressed consent to be bound thereby.
B.
All residents are requested to read this document carefully, as failure
to know the rules and regulations will not excuse anyone from the
consequences of neglect or infringement of such rules and regulations.
A.
All rules and regulations or parts of rules and regulations in conflict
herewith are hereby repealed.
B.
The invalidity of any section, clause, sentence, or provision of
these rules and regulations shall not affect the validity of any other
part of these rules and regulations, which can be given effect without
such invalid part or parts.
The property owner will be charged fees for services as set
by the Selectboard and will be held liable for all charges on account
of the same.
The Selectboard will revise and set all fees required to operate
the Department of Public Works of the Town of South Hadley. The fees
will remain in effect until further notice. Billing will occur at
a frequency determined by the Selectboard.
A.
Duly authorized employees of the Department of Public Works shall
be permitted ready access at all reasonable times to all parts of
private property for the purpose of inspection, observation, measurement,
sampling, testing, and records examination, in the performance of
their duties in accordance with the provisions of these rules and
regulations. Relevant records shall be available for copying. The
Town shall have the right to install on private property such devices
as are necessary to conduct sampling, inspection, compliance monitoring
and/or metering operations. Where a property owner has security measures
that require proper identification and clearance before entry into
the premises, the property owner shall make the necessary arrangements
with its security guards so that personnel from the Town will be permitted
to enter without delay.
B.
Duly authorized employees and representatives of the Department of
Public Works shall be permitted to enter all private properties through
which the Town holds a duly negotiated easement for the purpose of,
but not limited to, inspection, observation, measurement, sampling,
and repair/maintenance of any portion of the pipe or facility lying
within said easement.
C.
Unreasonable delays in allowing access to the property owner's
premises shall be a violation of these rules and regulations.
A.
Whenever a person is found to be violating any section of these rules
and regulations, including any condition or limitation required by
a permit issued under these rules and regulations, the Department
of Public Works may take any or all of the follow actions:
(1)
Issue a notice of violation.
(2)
Publish a notice of violation publicly.
(3)
Issue an administrative compliance order, an order requiring
the person to comply with such section or requirement by a specified
date.
(4)
Issue a show-cause order, an order requiring the person to appear
before the Selectboard, explain the noncompliance, and show cause
why more severe enforcement actions against the person should not
be taken.
(5)
Fine the person an amount not exceeding $300 for each violation.
Each day in which any such violation shall continue shall be deemed
a separate offense.
(6)
Revoke any permit issued to the person by the Town under these
rules and regulations.
(7)
Deny service to or disconnect the person.
(9)
Seek criminal action as provided by law.
(10)
Take any other action available to it under federal, state,
or local laws, rules or regulations.
B.
The Town may bring a civil action for appropriate relief to enforce these regulations, including any requirement of a permit or order issued hereunder, in a court of competent jurisdiction. Such relief may include, but is not limited to, any or all of the following: a permanent or temporary injunction; the imposition of penalties; or the recovery of expenses as set forth in Subsection D of this section.
C.
Any person who violates these regulations shall be liable for any
expense incurred by the Town as a result of such violation, including,
but not limited to, any or all of the following: costs; attorney's
fees; loss; penalties; or damages.
D.
Nothing in these regulations shall prevent the Town from pursuing
other legal or equitable rights or remedies which may be available
to it under federal, state or local law, rules or regulations.
No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, apply graffiti to, or tamper with any Town-owned structure, appurtenance, facility, or equipment. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct and/or any of the penalties listed in § 315-1.7A.
