Any construction waste or debris brought from off-site locations situated in any yard or vacant lot for more than 30 calendar days shall be (a) cleared from the yard or vacant lot, (b) removed to a yard not visible from a public way or abutting property, or (c) screened from view by walls, fences or plant materials; provided, however, that such items necessary to and utilized by a legally operating use shall not be subject to this Chapter.
A.
If the Director of Municipal Inspections is informed of or has reason to believe that conditions exist on any real property in the Town in violation of Section 142.1, the Director may make or cause to be made an investigation of the facts, including an inspection of the property where the condition may exist. In making such inspection, the Director of Municipal Inspections or a designee thereof shall have such right of access to premises that may be lawfully exercised.
B.
If the inspection confirms the existence of construction waste or debris prohibited under Section 142.1, the Director of Municipal Inspections or its designee may make such Orders as necessary. Said Orders shall be in writing and shall be served upon all owners and occupants as can be determined after reasonable inquiry.
C.
The Director of Municipal Inspections or a designee thereof may enforce this Chapter.
A.
Any person aggrieved by an Order of the Director of Municipal Inspections may request a review before the Town Manager, the Chief of Police, and a designee of the Select Board. Said request shall be in writing and received by the Select Board and the Director of Municipal Inspections within twenty-one (21) calendar days of issuance of the Order.
B.
A request for review shall not constitute a stay of the Order unless the Director of Municipal Inspections so orders; provided, however, that any fines or fees imposed shall be stayed during the pendency of an appeal.
C.
Within thirty (30) calendar days of a request, the Town Manager, the Chief of Police, and the designee of the Select Board shall convene to determine whether the construction waste or debris exists. Based on the credible evidence and testimony presented, they may affirm the Order, reverse and nullify the Order, or issue any such Order as they deem necessary to eliminate the items prohibited by Section 142.1.
A.
Whoever violates any provision of this Chapter may be penalized by indictment or on complaint brought in a court of competent jurisdiction. Except as may be otherwise provided by law and as the court may see fit to impose, the maximum penalty for each violation or offense shall be three hundred dollars ($300). Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
B.
In lieu of the penalties set forth in Section 142.4(A), any person who violates this Chapter may be penalized by non-criminal disposition as provided by Section 21D of Chapter 40 of the Massachusetts General Laws, and Chapter 1, Section 1-4 of the Town’s General Bylaw. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.