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(A) An owner who has incurred a shopping cart-related warning and/or fee under these Sections may obtain a hearing regarding the propriety of the warning and/or fee by making a written petition to the Commissioner of Inspectional Services for a hearing within 15 calendar days of receipt of the notice of removal pursuant to Subsection 16-12.8A.4(B). The Commissioner of Inspectional Services shall provide written notice to the owner of the date, time and location of the hearing, and the hearing shall be held within 30 calendar days from the date of the hearing request.
(B) The Commissioner of Inspectional Services shall act as the Hearing Officer and the decision resulting therefrom shall be final and subject only to judicial review under M.G.L. Chapter 30A, Section 14.
(C) The Commissioner of Inspectional Services shall notify the owner of the decision in writing within 30 calendar days of the hearing.
(D) Proceedings for review of the decision of the Commissioner of Inspectional Services may be instituted in any court of competent jurisdiction within the commonwealth within 30 calendar days of the date of the notice of decision of said Commissioner. The commencement of an action shall not operate as a stay of enforcement of said Commissioner’s decision, but the Commissioner of Inspectional Services, at his or her discretion, may stay enforcement; the reviewing court may order a stay upon such terms as it considers proper as prescribed by M.G.L. Chapter 30A, Section 14.
(CBC 1985 16-12.8A.7; Ord. 2003 c. 24)
The Commissioner of Inspectional Services and the Commissioner of Public Works may withhold the issuance of any permit if the applicant therefor is an owner, or is acting on behalf of an owner, of a business establishment that has an uncorrected violation and/or amounts due for an unpaid fine or an unpaid fee.
(CBC 1985 16-12.8A.8; Ord. 2003 c. 24)
If any provision of these Sections shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 16-12.8A.12; Ord. 2003 c. 24)
No driver of any vehicle upon any public way, public alley or other public place under the charge of the Commissioner of Public Works shall permit to drop or fall from such vehicle onto such way, alley or place or any roadway or walk thereof, and suffer to remain there, any substance except in the maintenance or repair of such way, alley or place.
(CBC 1985 16-12.9; CBC 1975 Ord. T14 § 293) Penalty, see Subsection 16-32.1, 16-32.6
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