TOR-2008-3 ADDING 150-15A - FOR VIOLATING ZONING ORDINANCES divLaxicea
Page I of I
barbara bard
From: Cecilia Calabrese [cececalabrese@yahoo.com)
Sent: Monday, August 24, 2009 9:16 AM
To: barbara bard
Subject: getting closer!
After scrolling through my minutes - I found almost what I am looking for:
TOR-2008-3 re: Sec. 180-15 and Sec 180-16 of the Town Code. If possible, could you e-mail or send me a copy of
that ordinance. It had past the first reading but was defeated on the 2nd reading at the meeting held on Oct 20th. Also -
do you have the roll-call vote for the first reading of that Ordinance? If yes, I'd like to see that too.
Thanks
Cece
8/24/2009
Page I of I
barbara. bard
From: Cecilia Calabrese (cececalabrese@yahoo.com)
Sent: Monday, August 24, 2009 8:32 AM
To: barbara bard
Subject: can you help me find a needle?
Hi Barb - I was going through my Council Minutes and I need help finding an item that was defeated in 2008 - I think
it was voted-on around the early part of 2008. Specifically - it dealt with that dreaded parking issue at Six Flags. If
memory serves me correctly, we had an Ordinance drafted that, I believe actually past the first reading -but was
defeated on the 2nd reading - I am looking for that Ordinance.
I want to see if there is any language in that Ordinance that can be "massaged" to make workable.
Thanks for your help with this,
Cece
8/24/2009
Page 6 UAWLVE.R-nSM.N.EWS Septembff 25,2008
cflH Noficcs Fd M 0� 0� CS
Ili
LEGAL NOTICE The purpose of this of the proposal can be Christina Bousquet to wed STHvas Vernuri
PUBLIC HEARING hearing will be to hear obtained from the
AGAWAM CITY the petition of the Agawam Planning Dennis and Kathleen Bousquet, of and a master's degree in Mechanical
COUNCIL Agawam City Council Office between the Agawam, are pleased to announce the Engineering from the University of
on a proposed zoning hours of 8:30am and engagement of their daughter, Christina Hartford. He is a Project Engineer at
The Agawam City amendment to Section 4:30pm in the Agawam K. Bousquet, of New Britain, Conn. to Norgren Inc.in Farmington,Conn.
Council will hold a pub- 180-49 and Section 180- Town Hall, 36 Main Srinivas C, Vemuri, also of New Britain. The wedding is planned for Nov. 2
lic hearing on Monday, 2 of the Agawam Zoning Street,Agawam,MA. The future bridegroom is the son of Raja at The Pavilion in Middletown,Conn.
October 6, 2008 at 7:30 Ordinance regarding BY ORDER OF: Gopal and Swarna Kumari Vemuri of
P.M. at the Agawam height of amusement Gina M.Letellier Hyderabad,India.
Middle School, 68 Main devices in amusement City Council President The bride-to-be received a Bachelor
Street, Agawam, MA. parks in the Business B Published:Sept.25 of Arts in English from the University of
The purpose of this zone. A copy of the pro- and Oct.2,2008 New Hampshire, Durham, N.H., and a
hearing will be to hear posed Zone Change can Master of Arts in English from Westfield
the petition of the be obtained from the LEGAL NOTICE State College. She is an English teacher
Agawam City Council Agawam Planning TOWN OF AGAWAM
at Smith Middle School in Glastonbury,
on a proposed zoning Office or the Agawam ZONING BOARD OF Conn.
amendment to Section Town Clerk's Office APPEALS The future bridegroom received a
180-15 and Section 180- between the hours of bachelor's degree in Mechanical Christina Bousquet
16 of the Agawam 8:30 A.M. and 4:30 P.M. Notice is hereby Engineering from Bangalore University and Srinivas Vemuri
Zoning Ordinance in the Agawam Town given that the Agawam
regarding enforcement Hall, 36 Main Street, Zoning Board of
and penalties for violat- Agawam,MA. Appeals will hold a pub- RD
ing the zoning ordi- BY ORDER OF- lic hearing at the Imeneflot O*n memovy of
nances of the Town of Gina M.Letellier Agawam Public Library
Agawam. A copy of the City Council President Conference Room, 750 Dav'Dd Bavheir §et f(av Septo 27
proposal can be obtained Published: Sept.25 Cooper Street,Agawam,
from the Agawam and Oct.2,2008 MA on Tuesday, The Barber Family Benefit in mcm- fles,silent auction,and cash bar.
Planning Office between October 14, 2008 at bry of loving father and husband, David There will be a Tackwon do demon-
the hours of 9:30arn and LEGAL NOTICE 6:30PM for all parties Barber will be held Saturday, Sept. 27 at stration at 6 p.m.
4:30prn in the Agawam PUBLIC HEARING interested in the appeal the Springfield Turriverein in Agawam Tickets are available at Shugart's
Town Hall, 36 Main AGAWAM CITY of Action Air, which is from 5 to 8 p.m. Cost is $10 per person Martial Arts in Feeding Hills or at the
Street,Agawam,MA. COUNCIL seeking a Special Permit and free for children five and under. door. For more information call 786-
BY ORDER OF: in accordance with Sponsored by Shugart's Martial Arts 4158.
Gina M.Letellier The Agawam City Section 180-7, the benefit will include a ziti dinner, raf-
City Council President Council will hold a pub- Paragraph B of the
Published: Sept.25 lic hearing on Monday, Zoning Ordinances,
and Oct.2,2008 October 6, 2008 at 7:30 which would allow for
P.M. at the Agawam the construction of an
LEGAL NOTICE Middle School, 68 Main addition to a business Boy Scout TvotOpp 77 to ho)Nd
PUBLIC HEARING Street, Agawam, MA. structure with less than
AGAWAM CITY The purpose of this the required side yard at
COUNCIL hearing will be to hear the premises identified lboft�e and can &'HVI(Ell
the petition of the as I I I Industrial Lane.
The Agawam City Agawam City Council Doreen Prouty Boy Scout Troop 77 will hold a bottle drive
Council will hold a pub- on a proposed zoning Chairperson on Saturday, Oct. 4 from I to 4 p.m. If you
lic hearing on Monday, amendment to Chapter Agawam Board of would like to donate your bottles and cans,
October 6, 2008 at 7:30 180, Article XIII, of the Appeals please stop by and drop them off at Super
P.M. at the Agawam Agawam Zoning Published:Sept.25 Phipps, 485 East Main St., Westfield or contact
Middle School, 69 Main Ordinance regarding and Oct.2,2008 Wendy Loubier at 478-6082.
Street, Agawam, MA. governing signs. A copy
September 25,2008 ACIAWAN ADVERTISM NEWS Ailge 5
'Go Green Agawam' energy Fuel firem page I
will ah feel the pressure of higher energy prices
this winter,"Dawson said.
conservation suggestions Dawson said the town's Emergency Fuel
Assistance Fund needs replenishing to meet the
Remote automobile starters and fuel conservation, intersection. demands expected this winter. While residents
1.There has been an enormous indu9try created by 8. We are seeing fewer cars idling outside a school usually apply for fuel assistance through the
the introduction of the remote car starter. Shops have while parents wait for their kids to leave school, or for state, the town's funds help people who "fall
sprung up in all parts of our area featuring this device. the male of the family sitting in an idling car while his through the cracks,"according to the Mayor.
2. Using it from within your home on an ice cold, wife completes her shoppi.ng,This is all to the good. She added, "These heating costs may pres-
freezing day certainly makes the interior,of your car 9, All aspects of city vehicles, police, fire, ambu- ent a difficult situation for residents who are
warmer and friendlier. It also uses 15 to 30 minutes of lances, buses are more aware of fuel as well as wear already pressured by rising costs for gasoline,
fuel. and tear and hurtfulness to the environment. food, and other life and health needs. While we
3.At$3.50 to$4 per gallon, it's a steep cost. 10. All of the above will continue to make can't pay for an entire heating season, what we
4.Not only is it expensive for you,it's quite hurtful Agawam a truly Green City. can do is help a resident with a one-time deliv-
to the environment,all those CO-2's going into the air. The Go Green Agawam Committee consists of rep- ery of oil or pay a portion of a gas or electric
5. We see this not only with cold weather, but in resentatives from the following groups: The Agawam bill. Sometimes this is all a resident needs to
the heat of the summer, using your remote cools off the Democratic Committee, the City Council, the Agawam help them at a difficult time."
interior of your car,but it wastes fuel and hurts our air. DPW, the Agawam School System, Berkshire Power Those residents or businesses wishing to
6. Diesel trucks used to run their engines day and Covanta, Inc., and concerned residents working togeth- donate to the fund can do so by mailing a check
night, whether in use or not. Now at $4,50 per gallon, er to promote "green" awareness and action across our made out to the Agawam Emergency Fuel
we do not see as much of this as we used to. community. Assistance Fund,Ann. Mayor's Office, 36 Main
7. Cities are making a serious effort to synchronize The next meeting of Go Green Agawam is Sept. 17 Street,Agawam,MA 0100 1.
their stoplights in order to have cars idling less at an at 7 p.m.at the Agawam Public Library.
Girls Scouts to host informational meeting at Agawam Library
Large, local, honesi
The Girl Scouts of Central & Western the girls to participate in. & experienced
Massachusetts will be holding an informational The public is invited to the meeting to find out LandmarikRLcolm
evening at the Agawam Library Community Room, what a great program and opportunity this is to he TheConualtullityMetInxem
750 Cooper St., Agawam on Monday, Sept. 29 and involved in and enjoy quality time with your LANDMARK
Tuesday,Oct.7 at 6 p.m. daughter.
At the event, girls in kindergarten through For more information, call Shirlee Hartley at REALTORV
grade 12 will he placed into troops that are already (800) 462-9100, ext. 106 or Lesley Young at 786- om
in existence, together with forming new troops for 3785. Agent of the week
Cl-)r Brian McRobble
413885-3322
brialcrobbieftatmail.cam
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Page 6 ANADVOISERNEWS September 25,2008
lcoal Noticcs
%-.IF
LEGAL NOTICE The purpose of this of the proposal can be Christina Bousquet to wed Srinivas Vernuri
PUBLIC HEARING hearing will be to hear obtained from the
AGAWAM CITY the petition of the Agawam Planning Dennis and Kathleen Bousquet, of and a master's degree in Mechanical
COUNCIL Agawam City Council Office between the Agawam, are pleased to announce the Engineering from the University of
on a proposed zoning hours of 8:30am and engagement of their daughter, Christina Hartford. He is a Project Engineer at
The Agawam City amendment to Section 4:30prn in the Agawam K. Bousquet, of New Britain, Conn. to Norgren Inc. in Farmington,Conn.
Council will hold a pub- 180-49 and Section 180- Town Hall, 36 Main Srinivas C. Vemuri, also of New Britain. The wedding is planned for Nov. 2
lic hearing on Monday, 2 of the Agawam Zoning Street,Agawam,MA. The future bridegroom is the son of Raja atThe Pavilion in Middletown,Conn.
October 6, 2008 at 7:30 Ordinance regarding BY ORDER OF: Gopal and Swarna KumaTi Vemun of
P.M. at the Agawam height of amusement Gina M.Letellier Hyderabad,India.
Middle School, 68 Main devices in amusement City Council President The bride-to-be received a Bachelor
Street, Agawam, MA. parks in the Business B Published: Sept.25 of Arts in English from the University of
The purp6se of this zone. A copy of the pro- and OcL 2,2008 New Hampshire, Durham, N.H., and a
hearing will be to hear posed Zone Change can Master of Arts in English from Westfield
the petition of the be obtained from the LEGAL NOTICE State College. She is an English teacher
Agawam City Council Agawam Planning TOWN OF AGAWAM at Smith Middle School in Glastonbury,
on a proposed zoning Office or the Agawam ZONING BOARD OF Conn.
amendment to Section Town Clerk's Office APPEALS The future bridegroom received a
180-15 and Section t80- between the hours of bachelor's degree in Mechanical Christina Bousquet
16 of the Agawam 8:30 A.M. and 4:30 P.M. Notice is hereby Engineering from Bangalore University and Srinivas Vernurl
Zoning Ordinance in the Agawam Town given that the Agawam
regarding enforcement Hall, 36 Main Street, Zoning Board of
and penalties for violat- Agawam,MA. Appeals will hold a pub- Benefit in memory of
ing the zoning ordi- BY ORDER OF: tic hearing at the
nances of the Town of Gina M.Letellier Agawam Public Library
Agawam. A copy of the City Council President Conference Room, 750 David Barber set for Sept. 27
proposal can be obtained Published: Sept.25 Cooper Street,Agawam,
from the Agawam and Oct.2,2008 MA on Tuesday, The Barber Family Benefit in mem- Iles,silent auction,and cash bar.
Planning Office between October 14, 2008 at ory of loving father and husband, David There will be a Taekwon do demon-
the hours of 8:30am and LEGAL NOTICE 6:30PM for all parties Barber will be held Saturday, Sept, 27 at stration at 6 p.m.
4:30pm in the Agawam PUBLIC HEARING interested in the appeal the Springfield Turriverein in Agawam Tickets are available at Shugart's
Town Hall, 36 Main AGAWAM CITY of Action Air, which is from 5 to 8 p.m. Cost is $10 per person Martial Arts in Feeding Hills or at the
Street,Agawam"MA. COUNCIL seeking a Special Permit and free for children five and under. door. For more information call 786-
BY ORDER OF: in accordance with Sponsored by Shugart's Martial Arts 4158.
Gina M.Letellier The Agawam City Section 180-7, the benefit will include a ziti dinner, raf-
City Council President Council will hold a pub- Paragraph B of the
Published. Sept.25 lic bearing on Monday, Zoning Ordinances,
and Oct.2,2008 October 6, 2008 at 7:30 which would allow for
P.M. at the Agawam the construction of an
LEGAL NOTICE Middle School, 68 Main addition to a business Boy Scout Troop .77 to hold
PUBLIC HEARING Street, Agawam, MA. structure with less than
AGAWAM CITY The purpose of this the required side yard at
COUNCIL hearing will be to hear the premises identified bottle and can drive
the petition of the as I I I Industrial Lane.
The Agawam City Agawam City Council Doreen Prouty Boy Scout Troop 77 will hold a bottle drive
Council will hold a pub- on a proposed zoning Chairperson on Saturday, Oct. 4 from I to 4 p.m. If you
lic hearing on Monday, amendment to Chapter Agawam Board of would like to donate your bottles and cans,
ow
October 6, 2008 at 7:30 180, Article XIII, of the Appeals please stop by and drop them off at Super
P.M. at the Agawam Agawam Zoning Published: Sept.25 Phipps, 485 East Main St., Westfield or contact
Middle School, 68 Main Ordinance regarding and Oct.2,2008
Wendy Loubier at 478-6082.
Street, Agawam, MA. governing signs. A copy
September 25,2008 AGAWAN ADWRTISER NEWS Page 5
'Go Green Agawam' energy Fuel from page I
0 will all feel the pressure of higher energy prices
conservation suggestions this winter,"Dawson said.
Dawson said the town's Emergency Fuel
Assistance Fund needs replenishing to meet the
Remote automobile starters and fuel conservation. intersection. demands expected this winter. While residents
1. There has been an enormous industry created by 8. We are seeing fewer cars idling outside a school usually apply for fuel assistance through the
the introduction of the remote car starter. Shops have while parents wait for their kids to leave school, or for state, the town's funds help people who "fall
sprung up in all parts of our area featuring this device. the male of the family sitting in an idling car while his through the cracks,"according to the Mayor,
2. Using it from within your home on an ice cold, wife completes her shopping.This is all to the good. She added, "These heating costs may pres-
freezing day certainly makes the interior of your car 9. All aspects of city vehicles, police, fire, ambu- ent a difficult situation for residents who are
warmer and friendlier. It also uses 15 to 30 minutes of lances, buses are more aware of fuel as well as wear already pressured by rising costs for gasoline,
fuel. and tear and hurtfulness to the environment. food, and other life and health needs. While we
3.At$3.50 to$4 per gallon,it'sa steep cost. 10. All of the above will continue to make can't pay for an entire heating season, what we
4.Not only is it expensive for you, it's quite hurtful Agawam a truly Green City. J can do is help 3 resident with a one-time deliv-
to the environment,all those CO-2's going into the air. The Go Green Agawam Committee consists of rep- ery of oil or pay a portion of a gas or electric
5. We see this not only with cold weather, but in resentatives from the following groups: The Agawam bill. Sometimes this is all a resident needs to
the heat of the summer, using your remote cools off the Democratic Committee, the City Council, the Agawam help them at a difficult time."
interior of your car,but it wastes fuel and hurts our air. DPW, the Agawam School System, Berkshire Power, Those residents or businesses wishing to
6. Diesel trucks used to run their engines day and Covanta, Inc., and concerned residents wor.king togeth- donate to the fund can do so by mailing a check
night, whether in use or not. Now at $4.50 per gallon, er to promote "green" awareness and action across our made out to the Agawam Emergency Fuel
we do not see as much of this as we used to. community, Assistance Fund,Attn. Mayor's Office, 36 Main
7. Cities are making a serious effort to synchronize The next meeting of Go Green Agawam is SepL 17 Street,Agawam,MA 0 100 1.
their stoplights in order to have cars idling less at an at 7 p.m.at the Agawam Public Library.
Girls Scouts to host informational meeting at Agawam Library Large, local, honesi
The Girl Scouts of Central & Western the girls to participate in. & experienced
Massachusetts will be holding an informational The public is invited to the meeting to find out LandmaridtLew
evening at the Agawam Library Community Room, what a great program and opportunity this is to be FOO nwCommurityw1liffln.cm
750 Cooper St.,Agawam on Monday, Sept. 29 and involved in and enjoy quality time with your LANDMARK. ununm
Tuesday,Oct. 7 at 6 p.m. daughter.
At the event, girls in-kindergarten through For more information, call Shirlee Hartley at REALTORS7
grade 12 will be placed into troops that are already (800) 462-9100, ext. 106 or Lesley Young at 786-
in existence, together with forming new troops for 3785. Agent of the vveek
Brian McRobble
413885-3322
brimcrobbie@hotmall.com
Residential Best Blithdays in the Valley'. Rea[EstateAdsliandmarkRE.com
Find a Property,Calculate Mortgage,Schedule a Showing
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6
Town of Agawam
36 Main Street Agawam, Massachusetts 01001-1837
N -0400 Fax 413-786-9927
Tel. 413-786
September 25, 2008
Gina M. Letellier, President
Cecilia Calabrese, Vice President
C=
Paul Cavallo, Councilor
Georgc Bitzas, Councilor
Jill Messick, Councilor Nj
Joseph- Mineo, Councilor
Dennis Perry, Councilor >
Donald M. Rheault, Councilor
Robert Rossi, Councilor :2
Jill Simpson, Councilor ha
Robert M. Young , Councilor
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Councilors:
At its duly called meeting held on September 18, 2008, the Agawam Planning Board voted four
(4) in favor and zero (0) opposed to send a positive recommendation to the Town Council
regarding TOR-08-3 an ordinance amending Section 180-15 and Section"180-1 6; adding Section
180-15A to the Code of the Town of Agawam governing enforcement and penalties for violating
the zoning ordinances of the Town of Agawam.
If you have any questions concerning the Planning Board's vote, please do hesitate to contact the
Planning Office at 786-0400, extension 283.
Sincerely,
Violet Baldwin, Acting Chairman
Agawam Planning Board
cc: Clerk, Mayor, Solicitor, Board of Appeals, Building, File
A
AGAWAM CITY COUNCIL
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
LEGAL NOTICE LEGAL NOTICE
PUBLIC HEARING
AGAWAM CITY COUNCIL
PRESIDENT
Gina M. Letellier
The Agawam City Council will hold a public hearing on Monday,
VICE PRESIDENT October 6, 2008 at 7:30 P.M. at the Agawam Middle School, 68 Main
Cecilia Calabrese Street, Agawam, MA. The purpose of this hearing will be to hear the
petition of the Agawam City Council on a proposed zoning
COUNCILORS amendment to Section 180-15 and Section ISO-16 of the Agawam
George Bitzas Zoning Ordinance regarding enforcement and penalties for violating
Paul C. Cavallo the zoning ordinances of the Town of Agawam. A copy of the
Jill S. Messick proposal can be obtained from the Agawam Planning Office between
Joseph Mineo the hours of 8:30am and 4:30prn in the Agawam Town Hall, 36 Main
Dennis J Peny
Donald M Rheault Street, Agawam, MA.
Robert E. Rossi
Jill P. Simpson BY ORDER OF:
RobertM Yjung
COUNCIL CLERK Gina M. Letellier
Barbara A Bard City Council President
TO BE ADVERTISED ON 9/25/08 AND 10/2/08
C-)
TELEPHONE
(413) 786-0400 Ext. 233
FAX
(413) 786-9927
-7
TOR-08-3
AN ORDINANCE AMENDING SECTIONS 180-15 AND 180-16 AND
ADDING SECTION 180-15A TO THE CODE OF THE TOWN OF AGAWAM
GOVERNING ENFORCEMENT AND PENALTIES FOR VIOLATING
THE ZONING ORDINANCES OF THE TOWN OF AGAWAM
WHEREAS, the penalties for violating the zoning ordinances of the Town
of Agawam were last amended in 1989;
WHEREAS, the Town is desirous of adding the capability of non-criminal
disposition of violations of the zoning ordinances of the Town of Agawam;
WHEREAS, it is in the best intarests of the Town of Agawam to modify the
existing town ordinances relative to enforcement and penalties for violation of the
zoning ordinances of the Town of Agaw3m; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following changes be made to Chapter 180 of the Code of the
Town of Agawam:
1. 4180-15 entitled "Enforcement" is hereby amended to read as
follows:
§ 180-15. Enforcement.
A. The Inspector of Buildings shall enforce the provisions of this Chapter or
any amendment thereof. The Inspector of Buildings shall refuse to grant a
permit for the construction, addition, alteration or change of use of any
building, structure or premises if such proposed Construction, addition,
alteration or change of use woula be in violation of any of the provisions of
this Chapter, as amended. State and Town officials shall refuse any
permit or license for a new use o, a building, structure or land which would
be in violation of this Chapter or amendment thereof.
B, Any violation of this Chapter or any violation of any rule, regulation,
condition or directive of the Inspector of Buildings or his designee may be
enforced by a criminal complaint brought in the Housing Court or the
District Court. Each day a violation continues shall be deemed a separate
offense.
C. Any violation of this Chapter or any violation of any rule, regulation,
condition or directive of the Inspector of Buildings or his designee may be
enforced by a civil action filed in such court as is appropriate for the relief
sought or as designated by statute. Each day a violation continues shall
be deemed a separate offense.
D. Any violation of this Chapter or any violation of any rule, regulation,
condition or directive of the Inspector of Buildings or his designee, may be
penalized through a non-criminal disposition as authorized by Chapter 40,
§ 21 D, of the Massachusetts General Laws. Each day a violation
continues shall be deemed a separate offense. The non-criminal
disposition of violations of this ChaPter is governed by § 180-15A.
2. The following MO-15A entitled "Non-criminal disposition notice of
violation; contents; procedure for delivery" is herebV added:
§180-15A. Non-criminal disposition notice of violation; contents;
procedure for delivery
A. The Inspector of Buildings or his designee may give to a violator a written
notice to appear before the Clerk/Magistrate of the Housing Court or the
District Court at any time during office hours, not later than twenty-one
days after the date of such notice. Such notice shall be in triplicate and
shall contain the name and address, if known, of the offender, the specific
offense charged, and the time and place for his required appearance.
Such notice shall be signed by the enforcing person, and shall be signed
by the offender whenever practicable 'in acknowledgment that such notice
has been received. The enforcing person shall, if possible, deliver to the
offender a copy of said notice at the time and place of the violation. If it is
not possible to deliver a copy of said notice to the offender at the time and
place of the violation, said copy shall be mailed or delivered by the
enforcing person, or by any person authorized by such enforcing person to
the offender's last known address, within fifteen (15) days after said
violation. Such notice as so mailed shall be deemed a sufficient notice,
and a certificate of the person so mailing such notice that 'it has been
mailed in accordance with this section shall be prima facie evidence
thereof.
B. At or before the completion of each shift, or at the beginning of the first
subsequent shift, the enforcing person shall give to the Inspector of
Buildings those copies of each notice of such a violation he has taken
cognizance of during such shift which have not already been delivered or
mailed by him as aforesaid. The Inspector of Buildings shall retain and
safely preserve one copy and shall, at a time not later than the next court
day after such delivery or mailing, deliver the other copy to the clerk of the
court before which the offender has been notified to appear,
C. Any person so notified may confess the offense charged by either: (1)
appearing personally or through a duly authorized agent before the City
Clerk and paying the penalty specified for the violation, or (2) mailing to
the City Clerk the notice of violation together with payment of the penalty.
In either case, the City Clerk must receive payment within twenty-one (21)
days of the date of the notice. Such payment shall, if mailed, be made
only by postal note, money order or check. Upon payment of the penalty,
the City Clerk shall forthwith notify the Housing Court or District Court
Clerk/Magistrate of such payment, and the receipt by the Housing Court or
District Court Clerk/Magistrate of such notification shall operate as a final
disposition of the case.
3. §180-16 entitled "Violations and penalties" is hereby amended
to read as follows:
§ 180-16. Violations and penalties.
Any person, partnership, trust, association, corporation or other legal entity
violating any provision of this Chapter, violating any rule, regulation, condition or
directive of the Inspector of Buildings or his designee, violating any condition
under which any permit is issued, or violating any decision rendered by the Board
of Appeals shall be fined not more than three hundred ($300.00) dollars nor less
than one hundred ($100.00) dollars for each offense. Each day that such
violation exists shall constitute a separate offense.
4. Repeal F4180-16.1 entitled "Noncriminal proceedings for
violations".
PER ORDER OF THE AGAWAM CITY COUNCIL
Gina M. Letellier, President
APPROVED AS TO FORM AND LEGALITY
09civ
Christopher CU ohnson, City Solicitor
M OZ :b b , I F Inr 9DDi
TOR-08- 3
AN ORDINANCE AMENDING SECTIONS 180-15 AND 180-16 AND
ADDING SECTION 180-15A TO THE CODE OF THE TOWN OF AGAWAM
GOVERNING ENFORCEMENT AND PENALTIES FOR VIOLATING
THE ZONING ORDINANCES OF THE TOWN OF AGAWAM
WHEREAS, the penalties for violating the zoning ordinances of the Town
of Agawam were last amended in 1989,
WHEREAS, the Town is desirous of adding the capability of non-criminal
disposition of violations of the zoning ordinances of the Town of Agawam;
WHEREAS, it is in the best interests of the Town of Agawam to modify the
existing town ordinances relative to enforcement and penalties for violation of the
zoning ordinances of the Town of Agawarn-, and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN
COUNCIL that the following changes be made to Chapter 180 of the Code of the
Town of Agawam:
1. 41,80-15 entitled "Enforcement" is hereby amended to read as
follows:
§ 180-15. Enforcement.
A. The Inspector of Buildings shall enforce the provisions of this Chapter or
any amendment thereof. The Inspector of Buildings shall refuse to grant a
permit for the construction, addition, alteration or change of use of any
building, structure or premises if such proposed construction, addition,
alteration or change of use would be in violation of any of the provisions of
this Chapter, as amended. State and Town officials shall refuse any
permit or license for a new use of a building, structure or land which would
be in violation of this Chapter or amendment thereof.
B. Any violation of this Chapter or any violation of any rule, regulation,
condition or directive of the Inspector of Buildings or his designee may be
enforced by a -criminal complaint brought in the Housing Court or the
District Court. Each day a violation continues shall be deemed a separate
offense.
C. Any violation of this Chapter or any violation of any rule, regulation,
condition or directive of the Inspector of Buildings or his designee may be
enforced by a civil action filed in such court as is appropriate for the rellef
sought or as designated by statute. Each day a violation continues shall
be jeemed a separate offense.
D. Any violation of this Chapter or any violation of any rule, regulation,
condition or directive of the Inspector of Buildings or his designee, may be
penalized through a non-criminal disposition as authorized by Chapter 40,
§ 21D, of the Massachusetts General Laws. Each day a violation
continues shall be deemed a separate offense. The non-criminal
disposition of violations of this Chapter is governe-d by § 180-15A.
2. The following 4180-15A entitled "Non-criminal disposition notice of
violation; contents; procedure for delivery" is hereby added:
§180-15A. Non-criminal disposition notice of violation; contents;
procedure for delivery
A. The Inspector of Buildings or his designee may give to a violator a written
notice to appear before the Clerk/Magistrate of the Housing Court or the
District Court at any time during office hours, not later than twenty-one
days after the date of such notice. Such notice shall be in triplicate and
shall contain the name and address, if known, of the offender, the specific
offense charged, and the time and place for his required appearance.
Such notice shall be signed by the enforcing person, and shall be signed
by the offender whenever practicable in acknowledgment that such notice
has been received. The enforcing person shall, if possible, deliver to the
offender a copy of said notice at the time and place of the violation. If it is
not possible to deliver a copy of said notice to the offender at the time and
place of the violation, said copy shall be mailed or delivered by the
enforcing person, o(by any person authorized by such enforcing person to
the offender's last known address, within fifteen (115) days after said
violation. Such notice as so mailed shall be deemed a sufficient notice,
and a certificate of the person so mailing such notice that it has been
mailed in accordance with this section shall be prima facie evidence
thereof.
B. At or before the completion of each shift, or at the beginning of the first
subsequent shift, the enforcing person shall give to the Inspector of
Buildings those copies of each notice of such a violation he has taken
cognizance of during such shift which have not already been delivered or
mailed by him as aforesaid. The Inspector of Buildings shall retain and
safely preserve one copy and shall, at a time not later than the next court
day after such delivery or mailing, deliver the other copy to the clerk of the
court before which the offender has been notified to appear.
C. Any person so notified may confess the offense charged by either: (1)
appearing personally or through a duly authorized agent before the City
Clerk and paying the penalty specified for the violation, or (2) mailing to
the City Clerk the notice of violation together with payment of the penalty.
In either case, the City Clerk must receive payment within twenty-one (21)
days of the date of the notice. Such payment shall, if mailed, be made
only by postal note, money order or check. Upon payment of the penalty,
the City Clerk shall forthwith notify the Housing Court or District Court
Clerk/Magistrate of such payment, and the receipt by the Housing Court or
District Court Clerk/Magistrate of such notification shall operate as a final
disposition of the case.
3. 4180-16 entitled "Violations and penalties" is'here§y amended
to read as follows:
§ 180-16. Violations and penalties.
Any person, partnership, trust, association, corporation or other legal entity
violating any provision of this Chapter, violating any rule, regulation, condition or
directive of the Inspector of Buildings or his designee, violating any condition
under which any permit is issued, or violating any decision rendered by the,Board
of Appeals shall be fined not more than five hundred ($500.00) dollars nor less
than one hundred ($100.00) dollars for each offense. Each day that such
violation exists shall constitute a separate offense,
PER ORDER OF THE AGAWAM CITY COUNCIL
Gina M. Letellier, President
APPROVED AS TO FORM AND LEGALITY
CA4*
Christopher C, nson, City Solicitor