[Amended 9-29-2009 STM by Art. 5]
A. This chapter
shall be enforced by the Building Inspector, as Zoning Enforcement
Officer, as provided for in MGL c. 40A, § 7. No structure shall
be erected, altered, demolished or moved and no land or structure
shall be changed in use until and unless a permit has been issued.
Any person violating any provisions of this bylaw, any conditions
under which a permit is issued, or any decision rendered by the Board
of Appeals or the Planning Board shall be punished by a fine not exceeding
$300 for each offense. Each day that such violation continues shall
constitute a separate offense.
B. Any violation
which is subject to a specific penalty herein may be penalized by
a noncriminal disposition as provided in MGL c. 40, § 21D.
A noncriminal disposition under this provision shall not preclude
further judicial proceedings regarding continuing violation of the
Southborough Zoning Code beyond the date of said noncriminal disposition
or the use of any other remedy provided for violation pursuant to
MGL c. 40A. The Zoning Enforcement Officer may give to the person
violating this bylaw a written notice to appear before the Clerk of
the Westborough District Court at any time during normal business
hours not later than 21 days after the date of such notice. Such notice
shall be in triplicate and shall contain the name and address, if
known, of the violator, the specific offense charged, and the time
and place for his required appearance. Such notice shall be signed
by the Zoning Enforcement Officer, and shall be signed by the violator
whenever practicable in acknowledgement that such notice has been
received.
This chapter or any part thereof may be amended
or repealed at a Town Meeting duly called after an advertised public
hearing is held on the proposed amendment by the Planning Board and
it submits a report thereon or 20 days elapse without such report
being submitted.
This chapter and any amendments thereto shall
take effect as provided by law upon adoption by a Town Meeting, provided
that it is subsequently approved by the Attorney General and published
or 90 days elapse without action by the Attorney General.
If any provision of this chapter or in the administration
thereof is declared invalid or void by a court of competent jurisdiction,
this shall not invalidate or void any other section or provision hereof.