Persons subject to fines for violations and enforcement orders may include property owners and contractors and other agents of such property owner.
When the Commission or its agent has determined that an activity has occurred or is occurring in violation of any provision of the Bylaw, the regulations promulgated under it, or any conditions of a valid Order of Conditions, the Commission or its agent may issue an Enforcement Order or a Violation Notice. Violations may result in a fine of not more than $300. Each day or portion thereof of continuing violation shall constitute a separate offense. The Bylaw, these regulations, and all Orders of Conditions may be enforced by the Commission and its designees.
Additional fines and fees are according to the schedule below and are payable to the Town of Lunenburg for the Conservation Commission within 21 days. At the direction of the Lunenburg Conservation Commission, Town Counsel may record in the Registry of Deeds a conservation lien, equaling the decision of the Conservation Commission at the administrative hearing, against all property in the Town of Lunenburg held by the property owner at the time of the violation.
A.
A Violation Notice is a letter sent to the property owner, contractor, or agent requesting them to stop the activity and to appear before the Commission for an administrative hearing to determine if fines are warranted, and informing them of the fees and fine schedule. The Conservation Administrator is authorized to send the letter upon verbal approval by the Commission Chair or Vice-chair. The notice will be mailed at least 48 hours prior to the hearing by certified mail, certificate of mail or by hand. If the property owner requests a continuance in writing, the Commission may grant it provided that the reasons are compelling.
B.
At the administrative hearing, the Commission will discuss the violation and provide the person an opportunity to respond to the evidence and the circumstances. If a majority of the Commission finds by the preponderance of the evidence that a violation has occurred, the amount of the fine will be determined by the Commission at the hearing. The Commission reserves the right to adjust the fine in response to new information or circumstances at an administrative hearing to which the property owner will be given notice as above.