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Chapter 199 zoning

Chapter 199 zoning

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§ <strong>199</strong>-28 ZONING § <strong>199</strong>-28<br />

(b) Interpretation, implementation and enforcement of this section will lay with the Sign Officer<br />

serving as agent for the Board of Selectmen.<br />

(4) Maintenance and removal. Every sign shall be maintained in good structural condition at all<br />

times. The Sign Officer shall inspect and shall have the authority to order the painting, repair,<br />

alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by<br />

reason of inadequate maintenance, dilapidation or obsolescence. Any sign which has been ordered<br />

removed by the Sign Officer or is abandoned or discontinued shall be removed by the person,<br />

firm or corporation responsible for his, her or its sign within 20 days of the written notice to<br />

remove.<br />

(5) Removal of signs by the Sign Officer.<br />

(a) The Sign Officer shall cause to be removed any sign that endangers the public safety, such as<br />

an abandoned, dangerous or materially, electrically or structurally defective sign, or a sign for<br />

which no permit has been issued.<br />

(b) The Sign Officer shall prepare a notice which shall describe the sign and specify the violation<br />

involved and which shall state that if the sign is not removed or the violation is not corrected<br />

or appealed within 20 days, the sign shall be removed in accordance with the provisions of<br />

this section.<br />

(c) All notices mailed to sign owners or property owners by the Sign Officer shall be sent by<br />

certified mail. Any time periods provided in this section shall be deemed to commence on the<br />

date of the receipt of the certified mail.<br />

(d) Any person having an interest in the sign or the property may appeal the determination of the<br />

Sign Officer ordering removal or compliance by filing a written notice of appeal with the Lee<br />

Zoning Board of Appeals within 30 days. The Zoning Board of Appeals shall hold a hearing<br />

in order to determine if the Sign Officer's order of removal or compliance should be enforced.<br />

(See Section <strong>199</strong>-34.)<br />

(6) Penalties.<br />

(a) Whoever violates any of the provisions of this section shall forfeit and pay a fine not to<br />

exceed $300 for each offense.<br />

(b) Each day that such violation continues shall constitute a separate offense.<br />

(c) The Sign Officer acting as agent for the Board of Selectmen shall be imposed to enforce this<br />

section.<br />

(d) This chapter may be enforced by non-criminal disposition as provided for by MGL c. 40,<br />

Section 21D.<br />

(7) Variances for signs. Variances shall not be granted for any sign, as ample provision has been<br />

made for premises identification within this section and because true hardship as defined in state<br />

law cannot be demonstrated in signage situations.<br />

40

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