[Amended 5-9-2022 ATM, Art. 16]
This bylaw shall be enforced by the Building Inspector/Zoning
Enforcement Officer, as agent for the Select Board, who shall take
such action as may be necessary to enforce full compliance with the
provisions of this bylaw and of permits and variances issued hereunder,
including notification of noncompliance and initiation of legal action
through the Town Counsel.
Whoever violates any provision of this bylaw shall be subject
to the following procedure, which will govern the enforcement of this
bylaw:
A. A complaint form, available at the office of the Building Inspector/Zoning
Enforcement Officer for the Town of Norwell, shall be completed, signed
and provided to the Building Inspector/Zoning Enforcement Officer
for the Town.
B. Within 14 days of the receipt of said complaint by the Building Inspector/Zoning
Enforcement Officer's office, the Building Inspector/Zoning Enforcement
Officer will investigate said complaint and respond to the complainant.
C. If the Building Inspector/Zoning Enforcement Officer determines that
a violation of this bylaw exists, a cease-and-desist order shall be
issued to the party found in violation within 14 days of receipt of
the complaint.
D. The cease-and-desist order shall name the party alleged to be in
violation, shall describe the nature of the violation and shall reference
the provision(s) of the bylaw found to be in violation.
E. The cease-and-desist order shall be served upon the party found to
be in violation by delivery in-hand to said party and/or by posting
in conspicuous places upon the property where the violation is found
to exist.
F. The party named in said order shall correct the violation described
in said order within seven days, said seven days to be extended by
the Building Inspector/Zoning Enforcement Officer if the violation
cannot be corrected within that time.
G. Failure of the party named in the complaint to eliminate the violation within the time defined in Subsection
F shall result in the imposition of fines running from $50 to $300 per day for each such day or portion thereof which the violation continues to exist as defined in Subsection
F, in accordance with the following schedule:
(4) Day
No. 4 and each day thereafter: $300.
H. If the party named in the complaint objects to the issuance of a cease-and-desist order or requires additional time to eliminate the violation beyond that granted by the Building Inspector/Zoning Enforcement Officer under Subsection
F that party may appeal to the Board of Appeals for the Town of Norwell within seven days which shall consider said appeal and issue an order relative to the same.
I. No fine will accrue during the pendency of any appeal to the Board
of Appeals regardless of the Board's ultimate disposition of said
appeal.
J. Noncriminal disposition of violations of Zoning Bylaw. The Building
Inspector/Zoning Enforcement Officer shall have the duty to enforce
the Town's Zoning Bylaw and may institute appropriate civil or criminal
proceedings, or both, in the fulfillment of such duty. In addition,
and as an alternative to such methods of enforcement, the Building
Inspector/Zoning Enforcement Officer may, at his discretion, enforce
the provisions of this bylaw in the manner provided in MGL c. 40,
§ 21D.
[5-10-2004 ATM, Art.
25]