failure to comply with an Administrative Order Restitution Plan or Enforcement Order..........$300.00
Notice of FinesThe Notice of Fines shall include an explanation thereof, including the date or approximate date of the violation from which daily violations are counted, and will be sent in writing to the responsible landowner(s) by certified mail or hand delivery.
The fine or fines are payable to The City of Holyoke within twenty‑one (21) days of the date of issuance of the notice.
Liens for Non-payment of Fines
The City Collector may record in the Registry of Deeds a conservation lien for non‑payment of accumulated fines. The lien shall be against all property in the City of Holyoke held by the landowner at the time of the violation which is contiguous to the area of the violation.
The Commission shall hold an Administrative Hearing, to which the landowner is given written notice as described above, in order to decide the amount of the lien which may not exceed the amount of accumulated fines to date.
Corrective Action NoticeThe Commission may at its discretion issue a Corrective Action Notice to a holder of a valid Order of Conditions or owner of land subject to a valid Order of Conditions. The Corrective Action Notice shall be used to provide notice of a minor violation of the Order of Conditions or other matter on site in need of immediate attention. The goal of the Corrective Action Notice is to quickly rectify a minor situation that if left unaddressed may result in alteration to the areas subject to the jurisdiction of these Regulations. Such matters may include, but are not limited to, installation of additional erosion control, removal of debris and trash from a construction site, sweeping of pavement or posting of a DEP file number sign. No Administrative Hearing is required for issuance of the Corrective Action Notice. The Corrective Action Notice may be issued verbally or in writing and may be issued by a single member or agent of the Commission. Where a Corrective Action Notice is issued verbally, such notice shall be followed by a written Corrective Action Notice to the landowner or holder of a valid Order of Conditions and shall include the date, time and person name to whom the verbal notice was given.
310 CMR 10.00Unless otherwise stated in the Ordinance or in the rules and regulations promulgated under the Ordinance, the definitions, procedures, and performance standards of the Act and associated Regulations, 310 CMR 10.00 as amended, shall apply.
Standards for Inland Wetlands