[Amended 11-13-2006 FYTM, Art. 30]
This chapter shall be enforced by the Building
Commissioner, assisted by a Zoning Agent appointed by the Selectmen.
Buildings, structures or signs may not be erected, substantially altered,
moved or changed in use, and land may not be changed in principal
use without certification by the Building Commissioner that such action
is in compliance with then-applicable zoning, or without review by
him regarding whether all necessary permits have been received from
those governmental agencies from which approval is required by federal,
state or local law. Issuance of a building permit or certificate of
use and occupancy, where required under the Commonwealth of Massachusetts
State Building Code, may serve as such certification.
[Amended 11-13-2006 FYTM, Art. 30]
Materials submitted in application for such
certification shall, upon receipt, be forwarded by the Building Commissioner
to the Zoning Agent, who within three weeks of receipt by him shall
determine whether the proposal is eligible to proceed, requires a
special permit or is not in compliance with this chapter. The Zoning
Agent shall also take such action as may be necessary to secure full
compliance with the provisions of this chapter and of permits and
variances issued hereunder, including notification of noncompliance
and request for legal action through the Building Commissioner and
Selectmen to Town Counsel.
The status of previously approved permits shall
be determined in this article.
Fees shall be established by the Selectmen.
Construction or operations under a building
or special permit shall conform to any subsequent amendment of this
chapter unless the use or construction is commenced within a period
of six months after the issuance of the permit and, in cases involving
construction, unless such construction is continued through to completion
as continuously and expeditiously as is reasonable.
[Amended 11-13-2006 FYTM, Art. 30]
The Building Commissioner or Zoning Agent shall
serve a notice of violation and order to any owner or person responsible
for the erection, construction, reconstruction, conversion, alteration
of a structure or change in use, increase in intensity of use or extension
or displacement of use of any structure or lot in violation of any
approved plan, information or drawing pertinent thereto; or in violation
of a permit or certificate issued under the provisions of this chapter
and such order shall direct the immediate discontinuance of the unlawful
action, use or condition and the abatement of the violation. Any owner
who has been served with a notice and ceases any work or other activity
shall not leave any structure or lot in such a condition as to be
a hazard or menace to the public safety, health, morals or general
welfare.
[Amended 1-13-1986 STM, Art. 15; 11-17-2003 FYTM, Art. 20; 5-3-2004 ATM, Art. 23]
A. Any person, trust or other enterprise who violates or refuses to comply with any of the provisions of this chapter, any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals may be fined by the Inspector of Buildings a sum of up to $300 for each offense, unless otherwise noted in this chapter. Failure to respond to a properly issued citation within 21 days will make the person, trust or other enterprise not in compliance with the pertinent Zoning Bylaw, unless afforded protection under Article
VIII of this chapter, and subject to the following penalty:
(2) Second offense: fine of $100.
(3) Third offense: fine of $200.
(4) Fourth and subsequent: fine of $300.
B. Any Zoning Bylaw of the Town of Brewster enforceable
by the Inspector of Buildings or his designee may, as an alternative
to initiating criminal proceedings, be enforced by the Inspector of
Buildings or his designee by the method provided in MGL c. 40, §
21D.
C. For zoning violations of building permits, special
permits, variances, certificates of occupancy, orders, bylaws, and
statutes, or the conditions of any other permit or certificate issued
under this chapter, the Building Commissioner may impose fines and
institute enforcement actions, either criminal or civil, either legal
or equitable or both. Each day the violation continues shall be a
separate offense.
[Added 11-13-2006 FYTM, Art. 26]