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| 2 | 2 | | SENATE DOCKET, NO. 1229 FILED ON: 1/19/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1295 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | James B. Eldridge |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to the effective enforcement of municipal ordinances and by-laws. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and Worcester 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 1229 FILED ON: 1/19/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1295 |
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| 18 | 18 | | By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1295) of James B. Eldridge for |
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| 19 | 19 | | legislation relative to the effective enforcement of municipal ordinances and by-laws. |
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| 20 | 20 | | Municipalities and Regional Government. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to the effective enforcement of municipal ordinances and by-laws. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Section 21D of chapter 40 of the General Laws, as appearing in the 2020 |
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| 30 | 30 | | 2Official Edition, is hereby amended by striking out, in line 46, the word “three” and inserting in |
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| 31 | 31 | | 3place thereof the following word:- five. |
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| 32 | 32 | | 4 SECTION 2. Said section 21D of said chapter 40, as so appearing, is hereby further |
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| 33 | 33 | | 5amended by adding the following paragraph:- |
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| 34 | 34 | | 6 Notwithstanding this section or any other general or special law to the contrary, in any |
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| 35 | 35 | | 7suit in equity brought in the superior court, district court or the land court by a city or town, or a |
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| 36 | 36 | | 8municipal agency, officer, board or commission having enforcement powers on behalf of the city |
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| 37 | 37 | | 9or town, to enforce an ordinance or by-law, or a rule, regulation or order described in this |
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| 38 | 38 | | 10section, the court, upon a finding that the violation occurred, may assess a civil penalty in |
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| 39 | 39 | | 11accordance with this section and section 21, and reasonable attorneys fees and costs. Civil |
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| 40 | 40 | | 12penalties assessed under this paragraph shall be in addition to any equitable relief ordered by the 2 of 2 |
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| 41 | 41 | | 13court and shall be paid to the city or town for use as the city or town may determine. In assessing |
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| 42 | 42 | | 14a penalty under this paragraph, the court shall consider: (1) whether the violation was willful or |
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| 43 | 43 | | 15negligent; (2) the harm to the public health, safety or environment resulting from the violation; |
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| 44 | 44 | | 16(3) the economic benefit gained by the defendant as a result of the violation; (4) the cost to the |
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| 45 | 45 | | 17city or town resulting from the violation; (5) the history of noncompliance by the defendant; and |
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| 46 | 46 | | 18(6) whether the defendant made good faith efforts to cure or cease the violation of the ordinance |
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| 47 | 47 | | 19or by-law after the first notice by the city or town of such violation. |
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