T O W N R E P O R T 2007 L U N E N B U R G - Town of Lunenburg

6.7.9.1. The SPGA may waive strict compliance with any requirement of this by-law or the rules and regulations promulgated hereunder,where:a) Such action is allowed by federal, state and local statutes and/or regulations,b) Is in the public interest, andc) Is not inconsistent with the purpose and intent of this by-law.6.7.9.2. Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by anexplanation or documentation supporting the waiver request and demonstrating that strict application of the by-laws does not further thepurposes or objectives of this by-law.6.7.9.3. All waiver requests shall be discussed and voted on at the public hearing for the project.6.7.9.4. If in the SPGA’s opinion, additional time or information is required for review of a waiver request, the SPGA may continue thehearing to a date certain announced at the meeting. In the event the applicant objects to a continuance, or fails to provide requestedinformation, the waiver request shall be denied.6.7.10. Certificate of Completion6.7.10.1. The SPGA will issue a letter certifying completion upon receipt and approval of the final inspection reports and/or uponotherwise determining that all work of the permit has been satisfactorily completed in conformance with this by-law.6.7.11. Enforcement6.7.11.1. Enforcement Agents6.7.11.1.1. The Zoning Enforcement Officer in conjunction with the Planning Board, Conservation Commission and DPW Director shallenforce this by-law, regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies forsuch violations.6.7.12. Civil Relief6.7.12.1. If a person violates the provision of this bylaw, regulations, permit, notice, or order issued thereunder, the Planning Board,through the Zoning Enforcement Officer may seek injunctive relief in a court of competent jurisdiction restraining the person fromactivities which would create further violations or compelling the person to perform abatement or remediation of the violation.6.7.13. Orders6.7.13.1. The Planning Board, in conjunction with the Conservation Commission and DPW Director, may issue a written order to theZoning Enforcement Officer to enforce the provisions of this bylaw or the regulations thereunder, which may include:(a) elimination of illicit connections or discharges to the MS4;(b) performance of monitoring, analyses, and reporting;(c) that unlawful discharges, practices, or operations shall cease and desist,(d) )remediation of contamination in connection therewith.6.7.13.2. If the Zoning Enforcement Officer, in conjunction with the Planning Board, Conservation Commission and DPW Director,determines that abatement or remediation of contamination is required, the order shall set forth a deadline by which such abatement orremediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or performremediation within the specified deadline, the town may, at its option, undertake such work, and expenses thereof shall be charged tothe violator.6.7.13.3. Within thirty (30) days after completing all measures necessary to abate the violation or to perform remediation, the violatorand the property owner will be notified of the cost incurred by the town, including administrative costs. The violator or property ownermay file a written protest objecting to the amount or basis of costs with the Planning Board within thirty (30) days of receipt of thenotification of the cost incurred. If the amount due is not received by the expiration of the time in which to file a protests or within thirty(30) days following a decision of the Planning Board affirming or reducing the costs, or from a final decision of a court of competentjurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner’s propertyfor the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G. L. Ch. 59, 57 after thethirty-first day at which the costs first become due.6.7.14. NON-CRIMINAL DISPOSITION6.7.14.1. As an alternative to criminal prosecution or civil action, the Planning Board may elect, through the Zoning Enforcement Officer,to utilize the non-criminal disposition procedure set forth in G. L. Ch 40 Section 21D and Article X of the General Bylaws of the Town inwhich case the Planning Board, it authorize agents and the Zoning officer of the Town shall be the enforcing person. The penalty for the1st violation shall be $25.00. The penalty for the 2nd violation shall be $50.00. the penalty for the 3rd shall be $100.00. and $200.00 forthe 4th and each subsequent violation. Each day or part thereof that such violation occurs or continues shall constitute a separateoffense.6.7.14.2. Entry to perform Duties under this Bylaw. To the extent permitted by state law, or if authorized by the owner or other party incontrol of the property, the Planning Board, its agents, and employees may enter upon privately owner property for the purpose ofperforming their duties under this bylaw and regulations and may make or cause to be made such examination surveys or sampling asthe Planning Board deems reasonably necessary.6.7.15. APPEALS