Amendment #1 to H1288

Devers Amendment

Mr. Devers of Lawrence moves to amend the bill by striking out sections 3 to 5, inclusive, and inserting in place thereof the following 3 sections:-

“SECTION 3. The city of Lawrence may enforce section 1 by issuing a citation with the penalty as described in section 5 or prosecuting criminal or civil actions in the housing court, superior court or the district court of Essex county and may enforce section 2 by issuing a citation with the penalty as described in section 5 or prosecuting civil actions in those courts. No action commenced as a criminal action shall be converted to a civil enforcement action except with the consent of the city.

SECTION 4. A person convicted of a violation of section 1 shall be punished by a fine of not more than $5,000.

SECTION 5.  A person found responsible in a civil action for a violation of section 1 or 2 shall be required to pay a civil penalty of 3 times the amount estimated or actually paid by the city to remove the dumped material from the property, up to a maximum of $5,000. The court may also issue other orders and injunctions to remedy the harm caused by the violation.”.