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CITY OF HOLYOKE, MASSACHUSETTS - page 24 / 43

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4.

The Administrative Order, a Violation Notice or an Enforcement Order issued under the Act will constitute a warning that an Administrative Hearing and possible fines may result.

H.

Administrative Hearing

1.

PurposeThe purpose of the Administrative Hearing is to discuss the violation and to give the landowner or the landowner's representative an opportunity to respond to the evidence and circumstances of the Administrative Order or Enforcement Order prior to the issuance of an Administrative Order for Restitution and/or Notice of Fines.   At the Administrative Hearing, the Commission shall determine the appropriate course of action pursuant to the following standards:

(1)

In the case where restitution is possible, the Commission may accept a written plan with a timetable for full restitution of the violation including a timetable for submittal of permits pursuant to the Regulations.  If requested by the Commission, a Restitution Plan must be submitted within ten business days of the date of receipt of the such a request.  The Restitution Plan shall be approved by a majority of the Commission at the Administrative Hearing and incorporated into an Administrative Order.  The Restitution Plan and Administrative Order shall be hand delivered or certified mail to the responsible party.

(2)

In the case where restitution is ordered and the party in receipt of an Administrative Order has failed to respond with the required corrective action, each day or portion thereof during which a violation continues or is repeated shall constitute a separate offense, and each provision of the Ordinance or Permit violated shall constitute a separate offense for the purposes of calculating a fine.

(3)

In the case where restitution is impossible or inadvisable, the Commission will decide what procedural or legal remedies to take including issuance of a Notice of Fines.  

(4)

In the case of destruction of vegetation, the Commission may continue the Administrative Hearing to a reasonable date such as the subsequent growing season for any part of that site until the vegetation has reemerged, grown, or otherwise reestablished itself to the Commission's satisfaction.  In the meantime, no work may take place without a valid Permit and the Commission shall monitor the site on a regular basis.

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