Any municipal officer of the city taking cognizance of a violation
of a specific rule or regulation of the city which he or she is empowered
to enforce, hereinafter referred to as the enforcing person, as an
alternative to initiating criminal proceedings may give to the offender
a written notice to appear before the Clerk of the Chelsea Division
District Court Department at any time during the court's office hours,
but not later than twenty-one days after the date of such notice.
Such notice shall be in triplicate and shall contain the name and
address, if known, of the offender, the specific offense charged,
and the time and place for his or her required appearance. Such notice
shall be signed by the enforcing person, and shall be signed by the
offender, whenever practicable, in acknowledgement that such notice
has been received.
(Prior revision § 1-7D; C.O. 81-167 (part); C.O. 83-52 § 6 (part))
A.
The enforcing person shall, if possible, deliver to the offender a copy of the notice, as described in Section 1.12.040, at the time and place of the violation. If it is not possible to deliver a copy of the notice to the offender at the time and place of the violation, the copy shall be mailed or delivered by the enforcing person, or by the head of his or her department or by any person authorized by such department head to the offender's last known address, within fifteen days after the violation. Such notice as so mailed shall be deemed a sufficient notice, and a certificate of the person so mailing such notice that it has been mailed in accordance with this section shall be prima facie evidence thereof.
B.
At or
before the completion of each workday, or at the beginning of the
first subsequent workday, the enforcing person shall give to his or
her department head those copies of each notice of such violation
he or she has taken cognizance of during the workday which have not
already been delivered or mailed by him or her as aforesaid. The department
head shall retain and safely preserve one copy and shall, at a time
not later than the next court day after such delivery or mailing,
deliver the other copy to the Clerk of the Chelsea Division District
Court Department, before which the offender has been notified to appear.
(Prior revision § 1-7E; C.O. 81-167 (part); C.O. 83-52 § 6 (part))
Any person notified to appear before the Clerk of the Chelsea Division District Court Department as provided in this article, may so appear and confess the offense charged, either personally or through a duly authorized agent or by mailing to the city clerk with the notice described in this article, with the specific sum of money not exceeding the penalty set forth in Chapter 1.16 of this revision, for each offense or as the city, any municipal officer, board, commission or department shall fix as penalty for violation of the ordinance or rule or regulation. Such payment shall, if mailed, be made only by postal note, money order or check. The payment to the city clerk of such sum shall operate as a final disposition of the case. (As provided for by Section 21D of Chapter 40, General Laws, an appearance under this article shall not be deemed to be a criminal proceeding. No person so notified to appear before the Clerk of the Chelsea Division District Court Department shall be required to report to any probation officer and no record of the case shall be entered in any probation records.)
(Prior revision § 1-7F; C.O. 81-167 (part); C.O. 83-52 §§ 6
(part), 7; C.O. 00-544 § 1, 2000)
A.
If any
person so notified to appear desires to contest the violation alleged
in the notice to appear and also to avail himself or herself of the
procedures established pursuant to this article, he or she may, within
twenty-one days after the date of the notice, request a hearing in
writing. Such hearing shall be held before a judge, clerk or assistant
clerk of the Chelsea Division District Court Department, as the court
directs, and if the judge, clerk or assistant clerk, after hearing,
find that the violation occurred and that it was committed by the
person so notified to appear, the person so notified shall be permitted
to dispose of the as aforesaid, or such lesser amount as the judge,
clerk or assistant clerk orders, which payment shall operate as a
final disposition of the case. If the judge, clerk or assistant clerk,
after hearing, finds that the violation alleged did not occur or was
not committed by the person notified to appear, that finding shall
be entered in the docket, which shall operate as a final disposition
of the case. Proceedings held pursuant to this article shall not be
deemed to be criminal proceedings. No person disposing of a case by
payment of such a penalty shall be required to report to any probation
office as a result of such violation, nor shall any record of the
case be entered in the probation records.
B.
If any person so notified to appear before the clerk of the Chelsea Division District Court Department fails to pay the fine provided under this article within the time specified or, having appeared, does not confess the offense before the clerk or pay the sum of money fixed as a penalty after a hearing and finding as provided in subsection A of this section, the clerk shall notify the enforcing person who issued the original notice, who shall determine whether to apply for the issuance of a complaint for the violation of the appropriate ordinance, rule or regulation.
(Prior revision § 1-7G; C.O. 81-167 (part); C.O. 83-52 § 6 (part))
Without intending to limit the generality of the foregoing,
it is the intention of this provision that the following titles and
sections of these Revised Ordinances are to be included within the
scope of this chapter on noncriminal disposition, and that, in addition
to police officers who shall in all cases be considered enforcing
persons for the purposes of this chapter, the municipal personnel
listed below for each title shall also be enforcing persons:
A.
Title
6—Animals.
Enforcing officers: Animal control officers or other duly authorized
officer and the DPW municipal building supervisor.
B.
Title
8—Health and Safety Code.
Enforcing officers: Health agent and code enforcement officers
or other duly authorized officer and the superintendent of public
works and the assistant superintendent of public works and city of
Revere firefighters and building inspectors and local inspectors.
C.
Title
9—Public Peace, Safety and Welfare.
Enforcing officers: Health agent and code enforcement officers
or other duly authorized officer.
D.
Title
12—Streets and Sidewalks.
Enforcing officers: Superintendent of public works or other
duly authorized officer.
E.
Title
13—Public Services.
Enforcing officers: Superintendent of public works or director
of municipal inspections or other duly authorized officer.
F.
Title
15—Buildings and Construction.
Enforcing officers: Building inspector and local inspectors
or other duly authorized officer and the city of Revere firefighters
limited to six firefighters.
G.
Title
16—Environment.
Enforcing officers: Building inspector, local inspectors and
chairperson of conservation commission or other duly authorized officer.
H.
Title
17—Zoning.
Enforcing officers: Building inspector and local inspectors
or other duly authorized officer.
(C.O. 00-544 § 2, 2000; C.O. 01-237 § 1, 2001; C.O. 01-405 § 1,
2001; C.O. 04-260 § 1; C.O. 04-753 § B; C.O. 06-39 §§ 1,
2)
A.
Notwithstanding the language in Title 1, Chapter 1.16, Section 1.16.010, and unless otherwise provided by specific law or ordinance, the penalty to apply in the event of a violation of any ordinance enforced by the noncriminal disposition procedure in this chapter shall be as follows: not less than twenty-five dollars and not more than two hundred-fifty dollars per offense. Each day on which a violation exists shall be deemed to be a separate offense.
B.
Any person or entity who both fails to provide payment to the city clerk as provided by Section 1.12.060 and fails to make written request for a hearing within twenty-one days to the city clerk and the clerk magistrate of the Chelsea District Court shall be assessed a late fee of fifty dollars. Written notice of this late fee shall be forwarded to such person or entity by regular mail by either the city clerk or the enforcing officer. The original penalty plus the late fee shall be due and payable to the city clerk within thirty days of the date of the written notice.
C.
If the original penalty and the late fee are not paid in full within thirty days from the written notice described in subsection B above, then the amount due to the city shall be three hundred dollars.
D.
In the event that the initial violation resulting in a penalty under this Section is a violation of the State Sanitary Code or the Health Code set forth in Title 8 of the revised ordinances of the city of Revere, then the balance due to the city from any penalties, fines or late fees imposed under this Section shall constitute a lien on the property of the person or entity owing such charges in accordance with Chapter 497 of the Acts of 1991.
(C.O. 00-544 § 3, 2000)
