[MassHistPres] Demo Delay By-Law - remedies

Robin Ragle-Davis robin at rrinteractive.com
Wed Jul 1 12:02:10 EDT 2009


We are working on a draft of a demo delay by-law in Wareham.

I would like to get some input into the various versions of the  
Enforcement and Remedies section.

Our goal is two-fold. First to draft a by-law that will be accepted by  
Town Meeting and second to have a remedies section that works well as  
a deterrent but is also realistic.

The Sample demo-delay text is as follows:

"Any owner of a building subject to this bylaw that demolished the  
building without first obtaining a demolition permit in accordance  
with the provisions of this bylaw shall be subject to a fine of not  
more than Three Hundred Dollars.  Each day the violation exists shall  
constitute a separate offense until a faithful restoration of the  
demolished building is completed or unless otherwise agreed to by the  
Commission.
If a building subject to this bylaw is demolished without first  
obtaining a demolition permit, no building permit shall be issued for  
a period of two years from the date of the demolition on the subject  
parcel of land or any adjoining parcels of land under common ownership  
and control unless the building permit is for the faithful restoration  
referred to above or unless otherwise agreed to by the Commission."

Robin Ragle-Davis, Chair

Wareham Historical Commission











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