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The provisions of this Section shall be severable and if any Section, part or portion hereof shall be held invalid for any purpose by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining Section, part or portion thereof.
(CBC 1985 16-45.5; Ord. 2001 c. 10)
Any person who violates any Section of the Boston Zoning Code, as it may be amended, through the use or occupancy of land, buildings or structures in the city in a manner designated by the Commissioner of the Inspectional Services Department, or the designee or successor thereto (hereinafter “Commissioner” for the purposes of this Section) in Subsection 16-46.3 shall be liable for a specific penalty set forth in Subsection 16-46.4 and may also be penalized by a non-criminal disposition as provided in M.G.L. Chapter 40, Section 21D.
(CBC 1985 16-46.1; Ord. 2003 c. 17 § 1)
Violations under this Section shall include, but not be limited to, the following:
(A) Auto repair. Any person who violates any Section of the Boston Zoning Code, as it may be amended, through the use and occupancy of land, buildings or structures in a residential zoning district as defined by the Boston Zoning Code for the purposes described in use items 35A (sale within a building of automotive parts), 36 (sale of automobiles and trucks), 51 (outdoor sale or display of automobiles for sale), 55 (outdoor storage of contractor equipment and materials), 57 (outdoor storage of junk scrap, wrecking or dismantling of motor vehicles), 57A (outdoor storage of damaged motor vehicles), 60 (repair garage), 60A (sale or installation indoors of automotive parts) of Boston Zoning Code Article 8, Section 2 shall be in violation of this Section 16-46. Each day a violation occurs or remains unremedied shall be considered a separate violation.
(B) Yard parking. Any person who violates any Section of the Boston Zoning Code, as it may be amended, through the use and occupancy of land, buildings or structures in a residential zoning district as defined in the Boston Zoning Code for the purpose of parking motor vehicles on any front yard, side yard or rear yard as defined in Boston Zoning Code Article 2A shall be in violation of this Section. Each day a violation occurs or remains unremedied shall be considered a separate violation.
(C) Work without a building permit. Any person who violates any Section of the Boston Zoning Code, including, but not limited to, Article 4, Section 3, as it may be amended, by performing work on any land, building or structure without the approval of the Commissioner, shall be in violation of this Section. Each day a violation occurs or remains unremedied shall be considered a separate violation.
(D) Signs. Any person who violates any Section of the Boston Zoning Code, including, but not limited to, Article 11, as it may be amended, by failing to comply with any sign requirement shall be in violation of this Section. Each day a violation occurs or remains unremedied shall be considered a separate violation.
(CBC 1985 16-46.3; Ord. 2003 c. 17 § 1; Ord. 2009 c. 6)
(A) A person in violation of this Section, unless otherwise provided, shall incur a civil fine of $150 for the first offense and a civil fine of $300 for the second offense and all subsequent offenses. A person in violation of Subsection 16-46.3 shall incur a civil fine of $50 for the first offense and a civil fine of $100 for the second and all subsequent offenses. Each day a violation occurs or remains unremedied shall be considered a separate violation. The Commissioner may, at the Commissioner’s discretion, issue a written warning for a first offense in lieu of a fine.
(B) A person in violation of this Section may also be subject to enforcement under any other laws in the commonwealth or the city applicable to the same conduct constituting a violation under this Section including a higher penalty whenever a higher penalty is permitted under the M.G.L.; provided, however, that such higher penalty shall be the maximum penalty for each offense. The city shall not be precluded by any enforcement under this Section from concurrently seeking an injunction to restrain a violation.
(C) A person in violation of this Section may appeal enforcement action hereunder pursuant to Boston Zoning Code Article 5, Section 2, and the filing of a timely appeal under Boston Zoning Code Article 5, Section 2 shall not stay further enforcement under any other rule, regulation, ordinance or by-law.
(D) All fines and penalties paid hereunder shall inure to the city.
(CBC 1985 16-46.4; Ord. 2003 c. 17 § 1; Ord. 2009 c. 6)
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