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8575_ZONING AMENDMENT TOWN COUNCIL ENFORCEMENT AND PENALTIES g57 5 Loni;� �rr►e�menf own En�orCe�ir��� September 4,2008 AGAWACI ADVERTISER NEWS Pages Retreat from page 1 to take our schools from `good to great.'I'm proud to say that the findings from A gathering of educators Overview." the state's Educational Quality and For her part, Czajkowski was Accountability Audit (EQA), which pleased with the sessions. "Rediker were outstanding in several areas, con- training involves a software program firm that we are definitely proceeding in that allows teachers, administrators, and the right direction. But as true with all secretaries to manage their jobs more quests, we needed a starting point. I efficiently and effectively.This program believe for each educator that point will allow teachers to take daily atten- began in the following manner: dance while sitting at their computer, `One day you finally knew what click when a child is absent, and send you wanted to do and recalled thosea the information electronically to the special people who held your hand, school secretary. This will save time." opened your minds, and nourished your Czjakowski said initially, the soft- dreams. You knew in your heart what ware will be used at the High School you wanted to become even though the �P' C and the Agawam Junior High School, challenge was frightening. Little by lit- Students will have bar-coded ID's and tle, your confidence grew, but still the * - picture ID's and when the student is doubts lingered. Determined to become late, there will be a scanner in the office more than a face in the crowd, you s and students will put their ID's under sought advice from someone who you '� Al ''` the scanner and it will print out the always had trusted. You asked a Agawam Advertiser News photo by Greg Scibelli name, date, time tardy, and a pass to teacher...'" -1 Ills- .Iunior High auditorium on Tuesday class. "Now secretaries can do their jobs Mouse pads were distributed to the mornAgaw ``__ g y Ceremonies to Welcome in the more efficiently, without interruption. retreat attendees with "Ask A Teacher - Start M` f` This will be a tremendous time save," Agawam Public Schools" printed on rsday. the superintendent said. them. At the retreat, Czajkowski went Another feature of this user-friendly over the results of the EQA independent } �1C_tr l � C-1 software, according to her, will allow examination of the Agawam Schools for ��de� i ial t teachers to record grades by computer, the period of 2005-2007, with a primary in -/ "'There will be no more bubble sheets focus on 2007. Park on Sept.. 13 for teachers to fill out? We will now Czajkowski remarked, "With an have an electronic grade book. The English Language Arts proficiency results will be sent to the secretaries, index of 88 points and a math proficien- Bob Levered, �� __ the wealth of information available. who will print out report cards. This cy index of 81 points based on the 2007 grovuth expert,"rill lead a walk/talk"' about this beautiful, natural abun- system can also send progress reports to MCAS test results,the district is consid. °. a favorite:tra l .at ..... an State ikantly diverse and healthy.park. parents electronically, but we will not eyed a `High' performing school system Park on Saturday' Sept. 13 from �.�0 Meet at the main entrance of the implement this feature yet. We want to according to the Department of to 11 a.;lrt., discuss! fe ecala Y of park;Qn Nortli:Street in Agawam.The _ move very slowly, and we will survey Education's rating system, with achieve- ali tree specres."JMtrntered on.the walk.will go.to the river's edge, over parents to learn about their access to ment above the state average. On the walk T°ptcs t'r'rll rnlulde forest veronica Br+ ok,passing several tulip computers." 2007 MCAS tests, 68 percent of health' plant till uttfieat on an d the poplar trees and evidertce-of their To further underscore the "Ask A Agawam's students scored at or above eci?1°greati�rcrssitancns x natural regtraoon.,There'.are over Teacher" theme for the Administrative the proficiency standard in English R brnsgta'Sta F t make art the SfJ sp etes of tt s.tn fife park Th , Retreat,Czajkowski stated in her annual Language Arts and 5$ percent did so in hest o sttt & �tp poplar bxke"rtt#ty tiff tram at trams Chess Welcome Back to School Message, math." anrdntly apd bug sptad "Our district's success over the past six The entire EQA Audit report can be e free, tar a is sin eater JP years is due to the collective efforts of viewed at www.ega.mass.edu. From this armthe #f RolUttaon art! rnor about 11ev ret> at every member of the Agawam Public site go to Technical Reports and click on 5tatetrte �f `http� �Jvuwh�ptntrs rg/ Id Schools'family. Last year, our goal was Agawam 2p07. toe d 10 s ede fs o�ivtt Artcteiaf�€sts htrn �� N � t Ki tchen hen & Bath Showcase at ev 96 party 12 Bowles Road—Agawam, MA I st uff * play na� ( 6 learn �� - Q • Themed Parties • WI-FI Connected • Laser Tag + Healthy Food-Fast e + Or Snack & Coffee Bar+ Giant Indoor Playscape Organic g. • Video Games Kid Stuff-Care + Summer Programs + Redemption Games g a • Speci.al Events • Toddler Programs act to cwr rvebstfe frr dtsccitrnted on aifer► o t t _ Join our maiifng fist for News,Coupons&Special Offers at our rnrraru IrdstuEspangaeld_c0m ,- Bicentennial Plaza a Springfield, MA m 413-782 0057 F 1 lip§ a§ IM rr■ �� SWANSTONE REM Showroom 413 439-0220—M-F 8 0-4 30 � Warehouse 3 786-4 IYO � �r .3 5 —M-F 7:00-5:00 For All Your Other Plumbing Supply Needs Wslt Or Call Our Warehouse Its Your Time Nowto pfirsite Nour education at 1-800-829-4007 1"9� t � '.� ti -_-_ Ha - F'�til ` a e _ xr�� �. mm iI pry �� MJI tSCOV?r how lJMass Amherst can help you achieve your goals. Meet with UMass Amherst representatives and Continuing&Professional Education advisors 3 a 3 Learn more about convenient T9 partMe- -time and online degreeantl s rir , certificate programs and coursesrlk P Offl U FREE Admission-FREE Parking - l�si� oorPrizes Refreshments fmb t i ,u i N4ftheast z .0 Open Mon,-Fr. 5 � a rodce .P ipnSat.&Sun.Tan Making ahead faryour order Springfield (860) 888-2145 95 Avocado Street, Spr(ngfield - Visit us on the web at wvvw.noaheastwinemaking.com September 4,2008 AGA%'Arl ADVERTISER NEWS Pages Retreat from page 1 to take our schools from `good to great.' I'm proud to say that the findings from A gathering of educators Overview." the state's Educational Quality and For her part, Czajkowski was Accountability Audit (EQA), which pleased with the sessions. "Rediker were outstanding in several areas, con- training involves a software program firm that we are definitely proceeding in that allows teachers, administrators, and the right direction. But as true with all secretaries to manage their jobs more quests, we needed a starting point. I efficiently and effectively.This program believe for each educator that point will allow teachers to take daily atten- began in the following manner: dance while sitting at their computer, `One day you finally knew what` click when a child is absent, and send you wanted to do and recalled those the information electronically to the special people who held your hand, school secretary.This will save time." opened your minds, and nourished your Czjakowski said initially, the soft- dreams. You knew in your heart what ware will be used at the High School you wanted to become even though the and the Agawam Junior High School, challenge was frightening. Little by lit- Students will have bar-coded ID's and tle, your confidence grew, but still the t picture ID's and when the student is doubts lingered. Determined to become late, there will be a scanner in the office more than a face in the crowd, you ` and students will put their ID's under sought advice from someone who you the scanner and it will print out the always had trusted. You asked a Agawam Advertiser News photo by Greg Scibelli name, date, time tardy, and a pass to teacher-"' class. "Now secretaries can do their jobs Mouse pads were distributed to the Agawam teachers packed the Junior High auditorium on Tuesday more efficiently, without interruption. retreat attendees with "Ask A Teacher - morning for Annual Convocation Ceremonies to welcome in the This will be a tremendous time save," Agawam Public Schools" printed on start of the new school year on Thursday. the superintendent said. them. At the retreat, Czajkowski went Another feature of this user-friendly over the results of the EQA independent software, according to her, will allow examination of the Agawam Schools for Bob Le-,verc,,**� le' guided walk n teachers to record grades by computer. the period of 2005-2007, with a primary "There will be no more bubble sheets focus on 2007. Robinson State Park on Sept. .13 for teachers to fill out! We will now Czajkowski remarked, "With an have an electronic grade book. The English Language Arts proficiency Bob,;Levertt, renowned old the wealth of information available. results will be sent to the secretaries, index of 88 points and a math proficien- growth experts.will leas] a walk/talk alaout #his beautiful, natural abria- who will print out report cards. This cy index of 81 points based on the 2007 - system can also send progress reports to MCAS test results,the district is consid- on a favorite trail at R€ibtnson,State dantly diverse and healthy park. Park on Saturday; Sept ;13 from 9.3fl Meet at the main,.entrance'of the parents electronically, but we will not erect a `High' performing school system to-11 a.rrtl, discusstag the ec'lo y of : prkwl North Street,in Agawam The implement this feature yet. We want to according to the Department of a1`,ties speciesncoutered the : walk will gp pp the river's,edge over move very slowly, and we will survey Education's rating system, with achieve- walk Topics v, include €'rest Veronica brook passing several tulip parents to learn about their access to ment above the state average. On the health, plant id nt}ficaltcm gri d the poplar trees 2tnd ev'id-ence Cif the r computers.' 2007 MCAS tests, 68 percent of trcofogical , reustartcs to ; natural regeitetattoni' There°:are aver; To further underscore the "Ask A Agawam's students scored at or above he Teacher" theme for the Administrative the proficiency standard in English Rabttion;State 1'arklliat itaake tt klze 50 specaes ti tries in the �ur1c T Retreat,Czajkowski stated in her annual Language Arts and 59 percent did so in hest cifthe­s�� � tultpPlar hike may go trait at trr!€tes Dress Welcome Back to School Message, math." tree accordi» Iy apd bi'►rtg biug sfrray and 'he frr� ally ispati water Our district's success over the past six The entire EQA Audit report can be sit ed by tel lends Rt�lrrrton larri more about Leverett years is due to the collective efforts of viewed at www.ega.mass.edu. From this tie 3!=ark event, 11a !/www txfptonlre s:trrg/olcl every member of the Agawam Public site go to Technical Reports and click on Schools'family. Last year, our goal was Agawam 2(107. tttten d cx with �€# ertta gr�i rtl>� t e F i t Kitchen & Bath Showcase at r party 12 Bowles Road—Agawam, MA * playI stuff * learn -r - • Themed Parties * WI-FI Connected ., • Laser Tag * Healthy Food-Fast �A • Giant Indoor Playscape + Organic Snack & Coffee Bar _ r • Video Games Kid Stuff-Care • Redemption Games • Summer Programs • Specia€ Events * Toddler Programs G0 fo our�uebsite ror iJiscoiinted�coe►pczrT otter! € f Join our madin fist far News,Cav )ns& -g pE Spnrial Offers ar our web sift. www.lkidstuffspringfield.com � t Bicentennial Plaza • Springfield MA m 413-782-0057 Bp r- xI L}N � N { y� :', Em -., � 9 � .-. [sx•�sate.uat4 � � F.2?Y�'wt $ .._. J �a e.. ... 423 439-0220-M-F 8:30-4:34 Warehouse 413 786 4500-M-F 7:00-5:00 For All Your Otber Plumbing Supply Needs Visa Or Call Our Warehouse 1-800-829-4007 E' E t _ �= WARM � ► � al� ll - ISCOVer how UMass Amherst can help you achieve your goals. _ Al! I�� V_15, • Meet withllMassAmherstreprmntativesandContinuing&ProfessionalEdu�afionadvisors Learn more about convenient W� � part-time and online degree and certifkate programs and coursesWjdo a --tea- -_ U��i 8 FREE Admission-FREE Parldrig tier t� i DoorPraes-Refreshments Ina, � 144rtheast Open Mon_Frl.Sam-5pm j�roC uce�• n, -Sat &Su lam 1 pm G Call ahead for your order Wine Makin Springfield (860) 888-2145 95 Avocado Street, Springfield Visit us on the web at www.northeastwinemaking.com Page 6 ACIAWAN ADVERTISER NMIS September 4,2008 - . ..... ....1l. .icorssueS iurrc:a ne School Committee meeting agenda • for Tues., Sept. 9 waft tips for s�Ress owners. Middle Hall Agawam I e School p m. Symphony o y a a 7 Graduation Ceremony at S m h n s on June 7,2009 at 1 p.m. the buslrtess ..... untty slrrsuld * 1 lave txxercl attdtsf, ulpznent 1.Call to Order b SCR-08-25.Awarding of Bids be awe caf Bte poft tital 0f hum axle ` .or fllrl lttlre t way 1rc 1 W l l lives ar 2.Moment of Silence * Bread&Rolls slahlage In the t prrlrtaonw lth,"atated skylights l le ie fixes ore llprnelit 3.Roll Call of Attendance *Ice Cream A a am's Mergeney 1 rl rnageirletlt If pctsslksle 4 M *Milk rE .Regular Meeting -7 p.m. ) irtltr�`Itet 11� Eac1T busing 'urnfl e1et1 artd dlsct - g,Citizen's Speak Time *Paper Products tlssrlter sh od t�pat tea€ tt e +'th re of a 1 el...... 81 p rat a and 6.Superintendent's Notes c. SCR 08-26, Election of Voting QWill j, v+xt r Fl tt� �I JA pi s e ltplrlent e 7.Highlights on Education: Delegate and Alternate to the MASC 4 �nfY-1UP0510T hu81 sso tb >r �' a. Grade 3 National Social Studies Annual Business Meeting on Nov. 19, t rneIr I psln sy as f f=l1' wt 1 1Ctl t ,4utagf3 :41T etlalJrn power calf „, League Award Winners from Clark and 2008. Aaps atthcilltgtplat[nlmlg'� dt Robinson Park Schools d. SCR-08-27, Acceptance of '� Reutw y®ur all elnlc > wlT 8.Unfinished Business:None $2,000.00 Donation to Agawam Public Q#It uTsut�a �tIvty alldhav oas1llrlrl ttl !I'tt? ri 9.BusinessMeetin Schools AED Fund from Berkshire 1 g gt�€pltl5t=�1f 1J7I to 1brk a.Routine Matters Power t� tall rlrt flit, 0i rrl ld tt(I 1 e p an env me. ltttlt 1)Approval of Minutes e. SCR-08-2$, Approval of Job eltlett systt, di~Ft ash ode 2)Calendar/Correspondence Description for Assistant Superintendent ' 1 et tmtrle Ild establish a rtt T11rs ley help;E mpltl e s l aces b.Warrants/Transfers for 13usiness/HR ten'_khufflG e rey redness Pin for to the area after a hurrlcaxre c.Reports: f. SCR-08-29, Approval of Job your b�15' riSs,a31f ifS c>artnts * f plssile, make a€faiglts I.Scheduled Reports: Description for Administrative Assistant _ Co6fdiftat tlYls plan w><th local and tcl pay tr►plti ees to;c 11 1t to y:Be° *SPED Program Update-Dr.Provost to the School Committee e h the alp ll cand tlorts several days before b.1. . .. lnstttu * Summer Enrichment Programs 11.Personnel: P, y 1 be Irllltle trans aropera>lonai {paper report) a.Appointment of Gregory R_ Bares m eted '�'l71'e A idwae�z: EZZZ , ric,�.-, *Summer School(paper report} as Assistant. Superintendent for * Vest your plan, rvlewing ItIt+IanaemntA �a + t tie Ica,.; 2.Subcommittee Updates Business/fIR Will Establlsfk au:e►T1pWy agency r totislble t7r courf� t"ln 3.Student Representative's Comments 12.Any other{terns that may legally trailping,prograM ur y+yar Hurtl6ne federal sty, Kcal, wmlttnt ry and pr?- 10.New Business come before the committee Plan. -_vateresourcesd d_ SCR-08-24, Approval of AHS 13-Adjournment neI * Make plans-far,protetic,tl of .disasters�in t11e cf�irizltlnity, and is your cafllputer files 11TC1llY11ng aacl� Headquartered the DPW buidiTlg alz Agawam officer needs assistance up system to secure data and.safib off Suffield Streett Si te storage of the data in conjunction with the state's' Agawam Police Union President m. A demonstration by Connecticut *.Protect corporate records;keep MEMA office;the local 1✓MA provides Officer Mark Poggi a 28-year veteran of Corrections K-9 will be held from 2 to ing duplicates at an alternate location.. leadership to: develop plans fr.effec- the Agawam Police Dept.., p. y special p g * Well in advance. acquire timer- tive response to all hazards, disg.sters g p ..is battling can- 2:30 m. with man s ecial prizes being t nc f Protective equipment and, su or threats; train timer en personnel cer, Members of the. Agawam Police raffled off at 2:45 p.m. Music will be pro- g ) pp p Dept., along with friends and family, will vided by Corey and the Knightsmen. plies ;Heavy plastic sheeting„,duct to protect the public.,;provide inf, -wa beholding a fundraiser.All are welcome. Tickets are available by calling (413) tape sandbags, emergency generator; tion to the citizenry, and assist tndlvid The fundraiser will be held Sunday, 786-4767, at the Agawam Police Station, ehain sauv and large pieces of ply- oats . .... . .. :businesses and arllmu Sept. 7 from noon to 4 p.m. at the Polish or at the door the day of the event. wood Will;help.pro tect ypbr pro .Try nities to mitigate ago zest, prepare far, American Club, 139 Southwick St., For more information and/or tickets, * Bring in display racks and;ottrer and rspd to,and recavr frrrt timer- FeedingHills. email APDMark@yahoo.com.s>ach as trashcaus that might: gencius; bth 6atural end t h made. @yahoo.com. ca e Jan a a if alrbc Ret tt�ve Ftrr a dolor al t foe ati6 abau Cost for tickets is $20. Food, drinks Donations may be sent to M. Poggi, 681 g and games will be available from noon to Springfield St.,Feeding Hills,MA 01030. out loan signs a peclall these'that 1ViEMi and Hurrfoane Prepatredness g g sairlg ar-are palak)le a to wrt+w toss govjrclerna bee to Mark 4 p.m A comedy show provided by Mark Checks should be made payable Rossi an guests will run from to Fund, Grasso. d gu 11 f 1 1 45 Poggi F d c/o S. Prevention is superior to treatment to Strain Family EQUESTRIAN CENTER vrr t 18 Vinin9 Hill Road, Southwick,MA Health Food Store 49 307 E Main St Rte 20, -Vitamins• Herbs • Boarding # lessons •Training • Sates Westfield, MA 01085 •Supplements (next to Bichford's Restaurant) Gluten-Free Foods Ponies far (413} 5fi9-5797 Located behind Parties Big Y Plaza 413 5 6 8-8 3 3 3 www.choice-health.com www strainfamilyequestrian.com WESTFIELD #i C H 1l Company for Home Sellers 44 ELn St. -: W Park Most Listings Sold (413)sds-9226 � LuC� West of the River In 2007 FEEDING HILLS malty Source:MLSPIN 1/1107-1V31107 for 345 N.Westfield St. The Best Way Home Agawam,Southwick,W.Springf!eld,Westfield (413)789-0830 Credt Card AGAWMMM SOUTHWICK AGAWAII'I Wuh One Fired Rate : A a 1 209 APR For Ap New Purchases*Cash CR (r Aftaaoes a Balance Rasters CARDS RESPOWBLY. 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'11123 S', fh: iickc Street feerll n H11(5 ^l4�lA t11030 7€16 �74 � 7B6 B13 Town of Agawam r 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 September 25, 2008 co Gina M. Letellier, President ' --v Cecilia Calabrese, Vice President ry - Paul Cavallo, Councilor George Bitzas, Councilor _. Jill Messick, Councilor Joseph- Mineo, Councilor Dennis Perry, Councilor Donald M. Rheault, Councilor Robert Rossi, Councilor Jill Simpson, Councilor 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 180-16; 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 Agawam Police Department M e -1-1[-10 To: Office of Planning&Community Development From: Sgt. Richard Niles CC: Chief Robert Campbell Date: September 9,2008 Re: TOR-08-3 Enforcement&Penalties of Violations of Zoning Ordinance This proposed zoning amendment would appear not to fall within the scope of the police department's duties and responsibilities in that it specifically names "the Inspector of Buildings or his designee" as the enforcing person. Respectfully Submitted Reviewed&Approv by Sgt. R. Niles Lt. Eric Gillis Safety Officer 1 Agawam Police Department M e To: Planning Board Fm rr Sgt. Richard Niles CC: Chief Robert Campbell Date: Septemtaer 9,2008 Re: TOR-08-3 Enforcement&Penalties of Violations on Zoning Ordinances This proposed zoning amendment would appear not to fall within the scope of the police department's duties and responsibilities in that it specifically names "the Inspector of Buildings or his designee" as the enforcing person. Respectfully Submitted Reviewed&Appr d by k Sgt. R. Niles Lt. Eric Gillis Safety Officer 5 E P 5 2008 1 LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, September 18, 2008 at 7:15 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Town Council on a proposed zoning amendment to Section 180-15 and Section 180-16 of the Agawam Zoning Ordinance regarding enforcement and penalties for violating the zoning ordinances of the Town of Agawam. A copes of the proposal can be obtained from the Agawam Planning Office between the hours of 8:30 ?� AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Zr �. Y Travis Ward, Chairman o t Agawam Planning Board (Ad to be run 9/4/08 & 9/11/08) cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Department of Housing & Community Development, Boston Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 MEMO Y- TO: Building Inspector Town Solicitor Engineering/DPW Safety Officer Fire Department Health Department Conservation Commission Board of Appeals School Committee Assessors FROM: Planning Board SUBJECT: Proposed Zoning Amendments (3) - Town Council DATE: September 3, 2008 .The Town Council has submitted to the Planning Board the attached three (3) zoning amendments: 1) Height Ordinance; 2) Enforcement &Penalties for Violations; and 2) Revised Sign Ordinance. The Board will be holding three public hearings on Thursday, September 18, ZOOS. Please submit any comments you may have prior to that date. Sincerely, Travis Ward, Chairman AGAWAM PLANNING BOARD TW:prk 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 int-Brests 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 Agawam; 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. §180-15 entitled "Enforcement" is herebLamended 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. 0 • 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 Chanter is governed by §'180-15A. 2. The following 4180-18A 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, 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. ! a 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 ClerkiMagistrate of such notification shall operate as a final disposition of the case. 3. 180-16 entitled "Violations andpenalties" 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 180-16.1 entitled "Noncriminal —proceedings for violations". PER ORDER OF THE AGAWAM CITY COUNCIL Gina M. Letellier, President APPROVED AS TO FORM AND LEGALITY Christopher CUI ohnson, City Solicitor IZ :b V W OfAl