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CITY OF HOLYOKE, MASSACHUSETTS - page 23 / 43

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A.

Enforcement    The Commission shall have authority to enforce this Ordinance, its regulations, and permits and variances issued thereunder by violation notices, enforcement orders (Wetlands Protection Act Form 9A), corrective action notices and civil and criminal court actions.

B.

Civil Action   Upon request of the Commission, the City Solicitor shall take legal action for the enforcement under the civil law. As an alternative to criminal prosecution the Commission may elect to utilize the noncriminal disposition procedure set forth in M.G.L. ch. 40, s. 21(D).

C.

Criminal Action  Upon request of the Commission, the Chief of Police shall take legal action for enforcement under criminal law.

D.

Other Boards    Municipal boards and officers, including any police officer or other officer having police powers, shall have authority to assist the Commission in enforcement.

E.

Violations Violations include, but are not limited to:

a)

failure to comply with a Permit, such as failure to observe a particular condition or time period specified in the Permit;

b)

failure to complete work described in a Permit, when such failure causes damage to the interests identified in the Ordinance; or  

c)

failure to obtain a valid Permit prior to conducting an activity subject to regulation under the Ordinance.

F.

Commission Response  When the Conservation Commission determines that an activity is in violation of the Ordinance or a Permit or Variance issued under the Ordinance or Regulations, the Commission may:

1.

issue an Administrative Order, and/or ;

2.

hold an Administrative Hearing to consider whether the landowner should be fined for the violation and/or;

3.

issue a corrective action notice in the case of a violation of a valid Order of Conditions.

G.

Administrative Orders

1.

Administrative Orders shall be issued by the Commission to provide notification of violation of an Ordinance, Regulation, existing Administrative Order,  and valid Order of Conditions.  Administrative Orders may direct a landowner or other party to immediately cease and desist from activities that may be impacting areas subject to the jurisdiction of these Regulations or effecting the interests identified in these Regulations.

2.

In the appropriate case, the Commission may issue an Enforcement Order under the Act in lieu of or in addition to an Administrative Order.

3.

An Administrative Order issued by the Conservation Commission shall be signed by a majority of the Commission.  In a situation requiring immediate action, a single member or agent of the Commission may sign an Administrative Order, if said Order is ratified by a majority of the members at the next scheduled meeting of the Commission.

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