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Session Law

2007

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Chapter 65 AN ACT RELATIVE TO THE FINES FOR ILLEGAL DUMPING IN THE CITY OF FITCHBURG.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1.
Notwithstanding any general or special law, rule or regulation to the contrary, it shall be unlawful for any person in the city of Fitchburg, directly or indirectly, to dump, place, throw, deposit or discharge any refuse, rubbish, garbage, household goods, appliances or furniture, construction debris, landscaping debris, scrap, trash, or other material of any kind whatsoever, on any way, public or private, appearing on the official map of the city of Fitchburg, or on any land owned or controlled by the city.

SECTION 2. Notwithstanding any general or special law, rule or regulation to the contrary, it shall be unlawful for any person owning, in whole or in part, directly or indirectly, any real property, including ownership of any right to pass and repass on a private way in the city, upon which any refuse, rubbish, garbage, household goods, appliances or furniture, construction debris, landscaping debris, scrap, trash, or other material of any kind whatsoever, has been dumped, placed thrown, deposited or discharged, to fail to remove such material within 10 days of receipt of written notice from any duly authorized city official as set forth in a duly adopted ordinance, to remove and lawfully dispose of such material.

SECTION 3. The city of Fitchburg may enforce section 1 by instituting criminal or civil actions in the housing court, the superior court or the Fitchburg district court, and may enforce section 2 by civil actions in the same courts. No action commenced as a criminal action shall be converted to a civil action without the consent of the city.

SECTION 4. The city of Fitchburg may establish fines by ordinance of up to $2,000 per offense for illegal dumping within the city limits and may avail itself of any remedy otherwise allowed by law and not inconsistent with the act. Any person found responsible in a civil action of violating section 1 or 2 of this act or any ordinance adopted hereunder shall pay a civil penalty of 3 times the amount, not exceeding $5,000, estimated or actually paid by the city to remove such material. In the event that a person fails or refuses to pay such civil penalty, the city shall have a lien upon the real property where the violation occurred. The court may also issue orders and injunctions to remedy the circumstances of each case, including but not limited to liens.

SECTION 5. This act shall take effect upon its passage.

Approved July 20, 2007.

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