[HISTORY: Adopted by the Board of Health of the Town of Williamstown 10-7-2019. Amendments
noted where applicable.]
A.
It is the Board of Health's experience that repeat violations
of Board of Health and state regulations occur. As a result, the Board
of Health may experience difficulty in obtaining compliance with correction
of said violations. By enacting this regulation, the Board of Health
will be given a tool to obtain compliance in a timely manner.
B.
The purpose of this regulation is to adopt a schedule of fines for
noncompliance with orders, notices, reports and other official requests
for compliance by the Board of Health or its agents issued pursuant
to state regulations and/or the Code of the Town of Williamstown.
The Town of Williamstown Board of Health, pursuant to Massachusetts
General Laws, Chapter 111, § 31, hereby adopts this regulation
as a reasonable health regulation designed to protect the health and
welfare of its residents by reaching compliance with said orders,
notices, reports and other official requests for compliance. These
regulations do not supersede any other applicable laws, regulations
or rules that are more stringent.
A.
The Board of Health or its agents will issue correction orders, inspection
reports, notices, and/or other official requests for compliance citing
violations of state and local public health laws and regulations,
and will specify a date by which the violations must be corrected.
Violations may be appealed in accordance with state and local public
health regulations.
A.
Any person or persons aggrieved by any fine issued under this chapter
may appeal by filing a written petition for hearing to the Board of
Health, which must be received within 10 days after the day the order
was served.
B.
The hearing shall be at a date and time determined by the Board of
Health.
C.
At the hearing the petitioner and other affected parties shall be
given an opportunity to be heard, to present witnesses or documentary
evidence, and to show why a fine should be modified or withdrawn.
Failure to hold a hearing within the time period specified herein
shall not affect the validity of any fine.
D.
The Board of Health shall affirm or withdraw the fine and shall inform
the petitioner of such action.
E.
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 this commonwealth.
If any portion, sentence, clause or phrase of this regulation
shall be held invalid for any reason, the remainder of this regulation
shall continue in full force and effect.
The effective date of this regulation is November 1, 2019.