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Tuesday, 28 July 2020 09:32
Assessing Civil Penalties for Violating Zoning Bylaws or State Building Code: Appeals Court Says to Adhere Closely to the Correct Process
A June 15, 2020 opinion of the Massachusetts Appeals Court reminds building inspectors and other municipal officials of the trilogy of remedies to assess money penalties for zoning and building code violations and to be sure to follow the proper procedures. There are lessons as well for any local officials who have been given the power to issue citations using the non-criminal disposition procedures of G.L. c 40, § 21D. The Appeals Court’s decision is Michael J. Maroney, Trustee et al v. Planning Board of Haverhill et al, 19-P-566, 97 Mass. App. Ct. 678 (2020).
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