NOTICE OF PUBLIC HEARING: Please be advised that the Board of Health of the Town of Nantucket will hold a public hearing on Wednesday March 25, 2009 at 6:00 pm in the second floor court room of the Town and County Building at 16 Broad Street, to accept testimony concerning proposed modifications to Subsection 67.05 Penalties of Local Regulations 67.00 Miscellaneous Provisions. Copies of the proposed changes are available weekdays from 8 am to 4 pm at the Nantucket Health Department at 37 Washington Street.
Proposed amended section to read;
Any person who violated any provision of these regulations, or who fails to comply with any order of the Board for which a penalty is not provided in M.G.L. c. 111 Section 31 or otherwise in any of the General laws, shall, upon conviction, be fined $300.00. Each day’s failure to comply with an order by the Board shall constitute a separate offence.
The Health Agent, as enforcing person may, as an alternative to the initiation of criminal proceedings, seek enforcement through non-criminal proceedings pursuant to M.G.L. c. 40 Section 21D and Chapter 1 Article II of the Towns Code, in which case a penalty of $300.00 shall be imposed for each violation of any provision of these regulations. Each day that a violation occurs shall be deemed a separate violation.
This amendment to Local Regulation 67.00(section 67.05) is intended to allow the local health department to issue $300 fines for properties within the harbor watershed protection districts ( Nantucket harbor & Madaket Harbor) who have not had their septic systems inspected within the prescribed inspection dates through the use of the non-criminal ticketing provisions of Massachusetts General law .