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CITY OF HOLYOKE, MASSACHUSETTS - page 25 / 43

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2.

Notice    The landowner and the party allegedly responsible for the violation, if not the landowner,  must be given at least forty eight (48) hours notice in writing of the date, time, and place of an Administrative Hearing, by certified mail or hand delivery.

3.

Continuance of Administrative Hearing   A landowner or party served with notice of an Administrative Hearing can apply in writing  to the Commission for a continuance of the Administrative Hearing stating in full the reason for the request.  The Commission may grant a continuance for compelling and/or environmentally sound reasons.  Continuances shall not be granted where such issuance allows an on-going pollution event to continue unabated or where there is risk of alteration to resource areas.

4.

Standard of ProofIf a majority of the Commission present at the Hearing finds by a preponderance of the evidence that a violation has occurred, the landowner shall be punished by a fine of not more than that allowed for the violation of municipal ordinances as specified by Section 111 of Chapter 1, General Provisions of the Code of Ordinances for the City of Holyoke and/or be issued an Administrative Order for Restitution.  The Commission at the Administrative Hearing will determine the amount of the fine per violation.

I.

Fines and Notice of Fines

1.

Hearing Required    If a fine or an adjustment of fine for a violation is contemplated, the Commission shall hold an Administrative Hearing pursuant to these Regulations.

2.

Calculation of Fines  For the purposes of calculating fines, each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the Ordinance, Regulations, Permit or Variance violated shall constitute a separate offense.

3.

Fine Schedule   The Commission shall determine the appropriate amount of fines using the following schedule:

(a)

failure to obtain a valid Permit prior to conducting an activity subject to regulation under the Ordinance....$50.00

(b)

failure to comply with a Permit.......................$50.00  

(c)

failure to complete work described in a permit.......$100.00

(d)

failure to maintain erosion control.............. $100.00

(e)

dumping yard waste in an area subject to protection...$50.00

(f)

dumping in an area subject to protection.............$300.00

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