As used in this chapter, the following terms shall have the
meanings indicated:
PREMISES
Any home used as a summer residence and converted to or to
be converted to year-round occupancy, any apartment, tenement, dwelling
unit or other structure designed or used for habitation.
RECORD OWNER
That person or entity who, from records of the Plymouth County
Registry of Deeds, is the title holder of the premises. "Record owner"
shall also include an agent or property manager of the owner of record,
a mortgagee or lien holder or a person or entity acting in control
and/or management of the property. The Director of Public Health may
require such evidence of authorization from the owner as he or she
deems necessary, which evidence shall be provided within seven days
of said request.
[Amended 5-3-2010 ATM
by Art. 15]
Any record owner aggrieved by the denial to him of a change
of occupancy permit or a conversion permit may request a hearing by
written petition therefor to the Board of Health. The filing of such
a petition shall not be construed to stay any of the provisions of
this chapter. A hearing shall be established and conducted and, decisions
rendered so as to most nearly conform to the procedure established
in Regulation 34 of Article II of the Sanitary Code, or any amendment thereof. Any person aggrieved by the
decision of the Board of Health may seek relief therefrom in any court
of competent jurisdiction as provided by the laws of the commonwealth.
[Amended 5-3-2010 ATM
by Art. 15]
Any person of such property used for dwelling purposes failing
to comply with these regulations shall, upon conviction, pay a fine
of $100 each and every day he allows any person or persons to live,
occupy or inhabit said premises without having received an occupancy
permit or a conversion permit from the Board of Health.
[Added 5-3-2010 ATM by
Art. 15]
Except for those provisions of this bylaw requiring a hearing
first by the Board of Health, the provisions of this bylaw may be
enforced by the Public Health Director or his or her designees. Nothing
contained herein shall be construed to interfere with any right to
a hearing before the Board of Health.