Bill > S1076

This bill proposes to amend Section 21D of Chapter 40 of the General Laws to allow cities and towns, or their designated agencies, to seek civil penalties in court when enforcing local ordinances or bylaws, which are local laws. Specifically, if a court finds that a violation of an ordinance or bylaw has occurred in a lawsuit brought by a municipality, the court can impose a civil penalty in addition to any other legal remedies. These penalties, which are monetary fines, would be paid to the city or town for their use. When deciding the amount of a penalty, the court will consider factors such as whether the violation was intentional or careless, the damage caused to public health, safety, or the environment, any financial gain the violator received, the costs incurred by the municipality for enforcement and legal fees, the violator's past compliance history, and whether the violator made an effort to fix the problem after being notified.