Weymouth City Zoning Code
ARTICLE XXII
Administration and Enforcement
§ 120-107 Interpretation.
In interpreting and applying the provisions of this bylaw, they shall be held to be the minimum requirements adopted for the promotion of health, safety, morals, comfort, convenience and the general welfare of the inhabitants of the Town of Weymouth.
§ 120-108 Enforcing official.
The provisions of this bylaw shall be enforced by the Inspector of Buildings. No application, permit, plan, specifications or intended use which is not in accordance with the provisions of this bylaw shall be approved by the Inspector of Buildings.
§ 120-109 Permit required; plan; records.
No building or structure shall be erected, reconstructed, altered, enlarged or moved and no use of any land or premises shall be begun or changed without a permit having been issued by the Inspector of Buildings. Whenever a permit or license is issued by any other department of the Town, such permit or license shall be in conformance with the provisions of this bylaw. Any application for a permit shall be accompanied by a plan, accurately drawn, showing the actual shape and dimensions of the lot or premises to be built upon; the exact location and size of all buildings or structures to be erected, constructed, reconstructed, altered or enlarged, together with the lines within which all buildings or structures are to be erected, constructed, reconstructed, altered or enlarged; the existing or intended use of each building or structure; the location of all zoning district boundary lines as they may affect the lot or premises; the location and size of off-street parking and loading facilities and driveways, where required; and such other information as may be necessary to provide for the execution and enforcement of this bylaw. A record of all applications, plans and permits shall be kept on file in the office of the Inspector of Buildings of the Town of Weymouth, and said record shall be available for public inspection during regular office hours.
§ 120-110 Occupancy permit.
No occupancy, use or change of use shall take place without the issuance of an occupancy permit signed by the Inspector of Buildings. Said permit shall not be issued until the building, structure, premises or land or its uses, and the uses incidental thereto, have been inspected and approved as sufficiently completed to comply with the provisions and regulations of this bylaw by said Inspector of Buildings, and the same shall be available for public inspection during regular office hours.
§ 120-111 Investigation of violations; service of notice.
[Amended June 1978 STM by Art. 3, approved 11-2-1978; May 1990 ATM by Art. 46, approved 9-13-1990]
A.
If the Inspector of Buildings shall be informed or have reason to believe that any provision of this bylaw has been, is being or may be violated, he may make or cause to be made an investigation of the facts and inspect the property where the violation may exist.
B.
If he shall find any such violation, he shall give notice thereof in writing to the owner or to his duly authorized agent by means of a written compliance order or a warning citation.
C.
If, after such notice, the premises are continued to be used in a manner contrary to the provisions of this bylaw, or if any such owner shall fail to obey any lawful order of the Inspector of Buildings in respect to any violation or use contrary to the provisions of this bylaw, the Inspector of Buildings shall proceed with enforcement by either of the two methods provided in § 120-112 below.
D.
If said Inspector of Buildings is requested in writing to enforce such bylaws against any person allegedly in violation of the same and such Inspector of Buildings declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefor within 14 days of receipt of such request.
§ 120-112 Enforcement; violations and penalties.
[Amended June 1978 STM by Art. 2, approved 11-2-1978; May 1990 ATM by Art. 46, approved 9-13-1990]
A.
Criminal complaint. Whoever violates any provision of these bylaws may be penalized by indictment or on complaint brought in the District Court. Except as may otherwise be provided by law and as the District Court may see fit to impose, the maximum penalty for each violation or offense brought in such manner shall be $300 for each offense. Each day that willful violation continues shall constitute a separate offense.
B.
Noncriminal disposition.
(1)
In addition to the procedures for enforcement as described above, the provisions of this Zoning Bylaw may also be enforced by the Inspector of Buildings by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D. Each day on which a violation exists shall be deemed to be a separate offense.
(2)
The penalty for violation of any provision of this bylaw shall be a warning citation for the first offense; $50 for the second offense; $100 for the third offense; and $200 for the fourth and each subsequent offense.
§ 120-113 Effect on other regulations.
This bylaw shall not interfere with or annul any bylaw, rule, regulation or permit; provided that, unless specifically excepted, where this bylaw is more stringent, it shall control.
§ 120-114 Severability.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.