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Session Law

2009

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Chapter 41 AN ACT RELATIVE TO THE FALMOUTH HISTORIC DISTRICT COMMISSION.

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

Chapter 654 of the acts of 1975 is hereby amended by striking out section 9 and inserting in place thereof the following section:-

Section 9. (a) Before issuing a certificate of appropriateness, the commission may require that construction or other authorized site activities be secured by one of the following methods, which method may be selected and from time to time varied by the applicant upon receiving written approval from the commission:

(1) by a proper bond or deposit of money sufficient in the opinion of the commission to secure performance of the conditions of its decision as noted in the certificate of appropriateness or accompanying plans; or

(2) by a covenant executed and duly recorded by the owner of record, running with the land, whereby the conditions of its decision as noted in the certificate of appropriateness or accompanying plans shall be accomplished prior to the issuance of occupancy permits or any conveyance, sale, rental or similar disposition of the property.

(b) In addition to the remedies provided in section 11 herein, the building commissioner is hereby authorized to enforce the provisions of this chapter, subject to a vote of the commission that determines the construction, alteration, demolition or moving of any building or structure would be in violation of this chapter.

Notwithstanding the provisions of the state building code, the building commissioner is authorized to withhold any permit for construction, alteration, demolition or the moving, use or occupancy of any building or structure until such time as the commission issues a determination that compliance with its certificate of appropriateness has been accomplished or that the commission has received surety for the completion of construction or other authorized site activities pursuant to clause (1) or (2) of subsection (a) above.

(c) Any person violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction, fined not more than $500 for each offense. Each day that such violation continues shall constitute a separate offense.

Approved July 29, 2009


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