[HISTORY: Adopted by the Town of Randolph 4-18-1995 ATM by Art. 8, approved 10-27-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Fines — See Ch. 301.
All complaints and prosecutions for breach of these ordinances
shall be instituted and commenced within sixty (60) days, unless otherwise
provided, from the time of committing such breach.
These ordinances shall take effect from and after their adoption
by the Town Council, as provided by law.
Upon adoption by the Town Council, as may be provided by law
of these ordinances, all previous ordinances now or heretofore in
force shall become null and void, except for the following, which
are specifically saved from repeal:
A.
Any
vote of the Town, ordinances, or other action establishing or amending
Classification, Salary, Wage and Miscellaneous Compensation Schedules
is not hereby repealed.
B.
While
an effort has been made to locate and identify every preexisting ordinance
of the Town, any ordinance which, having been overlooked or undiscovered
as an originating source ordinance for this recodification, is not
specifically listed in the schedule entitled "General Code Publishers
Corporation Table of Source Sections or Distribution of Legislation
List," on file with the Town Clerk, is not hereby repealed and shall
instead continue in full force and effect until further action of
the Town Council.
These ordinances may be amended at any meeting of The Town Council,
in accordance with the Town Charter.
The penalty for breach of any ordinance, unless otherwise provided
for herein, shall be a fine in accordance with the fine schedule.[1] The penalty provided shall be applicable to all Town Ordinances
which do not otherwise provide for a penalty.
The violator shall be required to remedy the violation in addition
to the fine.
The Town may appoint one (1) or more persons to enforce the
compliance of the Town General and Zoning Ordinances, state laws and
regulations and wetland rules.
The Town shall appoint one (1) or more persons to act as the
Municipal Hearings Officer. The Hearings Officer shall act as the
appeal process between the Code Enforcement Officer and the Violator.
B.
The
enforcing person shall make a record of complaint, in the form of
a "Violation Notice," and shall include to the extent possible, name
and address of person violating; name and address of owner of the
property to which the violation has taken place; date, time, and motor
vehicle registration number. In the event that the violator refuses
to provide the above-noted requested information, or in the event
that such any information provided by the violator proves to be false,
then said person may be fined additionally in accordance with the
General Ordinances of the Town of Randolph. The enforcing person shall
give the violator a notice of the violation and fine, if in the event
the enforcing person can not hand deliver the violation notice, the
notice may be sent by certified mail, return receipt requested, to
the last known address of the offender, or the address where the violation
took place. A copy of each "Violation Notice:" shall be sent to the
owner of real estate for the location where the violation took place.
C.
No
person, being the landlord or person in charge of a residential structure
shall permit, or suffer, the repeated violations of these ordinances,
after such notice thereof. The legal owner of real property within
the Town of Randolph may be fined additionally for repeated violations
in accordance with the General Ordinances of the Town of Randolph.
It shall be considered a defense that the landlord or person in charge
of a residential structure shall have made a good faith effort including
the seeking of a court order to prevent said violations.
D.
Fine
and Violation may be disposed of pursuant to MGL c. 40, § 21D,
by the non-criminal disposition procedures stated, however, that if
a violator fails to follow the procedure and requirements of said
section, the fines shall become a lien on the property of the real
property, or shall be recovered by indictment or a complaint pursuant
to MGL c. 40, § 41, as well as MGL c. 40U.
[Amended 9-23-2013 by Ord. No. 2013-010]
E.
The
Local Code Enforcement Officer shall indicate on the notice of violation
that the violation is either 1) a written warning or 2) a code violation.
If the notice is for one (1) or more violations, the Code Enforcement
Officer shall indicate on the notice the scheduled assessments for
each violation alleged. If the notice is for a continuing condition,
the Code Enforcement Officer shall indicate that the condition must
be corrected within twenty-four (24) hours of receipt of such notice.
Failure to correct condition within twenty-four (24) hours may serve
as grounds for criminal prosecution.
F.
The
Violator may appeal any decision of the Code Enforcement Officer to
the Municipal Hearings Officer. The Appeal must be initiated within
fourteen (14) calendar days of the person receiving such notice. The
Hearings Officer shall act on the request for a hearing within fourteen
(14) calendar days of receiving notice.
G.
Final
disposition. Any person notified to appear before the Clerk of a District
Court as hereinbefore provided may so appear and confess the offense
charged either personally or through a duly authorized agent or by
mailing to the Town Clerk of the Town of Randolph, together with the
notice, such specific sum of money as the Town shall fix as penalty
for violating the ordinance, rule or regulation. Such payment shall,
if mailed, be made only by postal notice, money order. Upon receipt
of the notice, the Town Clerk shall forthwith notify the District
Court Clerk of such payment, and the receipt by the District Court
Clerk of such notification shall operate as a final disposition of
the case. The case shall be governed by the provisions of MGL c. 40,
§ 21D.
The fines defined herein shall become a priority municipal lien
on the real property in accordance with MGL c. 40U, as adopted.
[Added 9-23-2013 by Ord.
No. 2013-010]
