Amherst, Mass., Gen. Bylaws ch. 3.50 (June 2026) § M

(1) Violations.

       a. Failure to comply with any requirement of this Bylaw shall constitute a violation
          subject to monetary and non-monetary penalties set forth in Section M.2. below.

       b. Every day in which a violation continues shall be considered to be a separate
          offense.

       c. If more than one violation has occurred, each shall be considered a separate
          offense.

   (2) Penalties.

       a. Monetary Penalties. Monetary penalties may be imposed as listed above. Upon timely
          correction of violations in response to a Notice of Violation, the Principal Code
          Official may reduce or eliminate the accrued monetary penalties. If repairs are not
          made within the designated time limit in the Notice of Violation, the monetary
          penalty may be retroactively applied to the date that the Residential Rental Property
          Owner or their agent received the Notice of Violation.

       b. Notice of Violation and Order to Remedy. A Notice of Violation and Order to
          Remedy may be issued, which shall indicate the Property subject to the provisions of
          this Bylaw and what provision(s) have been violated and specify a time period within
          which to correct the violation. The Notice of Violation and Order to Remedy shall be
          mailed to the Owner and shall be available for public access and viewing. Violations
          may be cited pursuant to the applicable Commonwealth or local code or regulation.
      1. Follow up Inspection. A follow up inspection shall be conducted upon the
         expiration of the time specified to correct the violation. The follow up inspection
         may reveal additional violations for which enforcement action may be taken.

   c. Suspension or Revocation of Residential Rental Permit.

      1. Outstanding Violations. The Principal Code Official may revoke or suspend a
         Residential Rental Permit when an Order to Remedy has not been complied with
         repeatedly or when more than three (3) Notices of Violation and Orders to
         Remedy have been issued for the Residential Rental Property within the three (3)
         years immediately preceding the most recent Notice of Violation and Order to
         Remedy.

      2. Immediate Suspension. In those instances where a Residential Rental Property has
         been condemned or deemed an unsafe structure pursuant to health, building, and
         fire regulations, the Residential Rental Permit shall be immediately suspended
         and shall remain suspended until the Property is found to be habitable and in
         compliance by the appropriate Code Enforcement Officer.

      3. Effect of suspension or revocation. While under suspension or revocation, the
         Dwelling Unit or Property subject to suspension or revocation, whichever is most
         appropriate as determined by the Principal Code Official, shall be secured and
         vacated. If a Residential Rental Property Permit has been denied, the Owner may
         not rent the Property to any Person.

   e. Requirement to Appoint a Person-In-Charge. In cases where the Person-In-Charge
      operating for one or multiple Owners is responsible for multiple offenses on behalf of
      one or multiple Owners or the Property has been cited for multiple violations in the
      course of one Permit year, the Principal Code Official shall have the discretion to
      require Property Owners to appoint a new and/or change the Person-In-Charge to a
      Person-In-Charge that is established as a professional property manager in the Town.
   f. Court Relief. If a violator fails to comply with a Notice of Violation, Order to
      Remedy, or other Enforcement Order, the Principal Code Official may seek a court
      order to remedy the violation.

3. Suspension and Revocation Procedures.

   a. Notification. The Town shall notify the Property Owner and Person-In-Charge of a
      suspension by written notice sent by a method that provides proof of delivery or
      delivered and posted on the structure in Person. The notice shall advise the Property
      Owner of the Property address, the effective dates of the suspension, the reason for

the suspension, the effect of the suspension on the Property, penalties that can be
      imposed for violation of the suspension, and appeal rights and procedures.

   b. Effective Date. The effective date of a suspension shall commence on the first day
      following expiration of the lease or leases in force provided such lease or leases are
      not for more than a 1-year period. When there is no lease in force or when the lease or
      leases are for periods greater than one year, suspension shall commence upon the first
      day following the annual permit renewal date.

   c. Length of Suspension. The initial length of a suspension may be for up to 6 months.
      The length of any subsequent suspension occurring within 5 years following the
      effective date of the first suspension may be up to 12 months. The Principal Code
      Official is authorized to determine the length of the suspension.

   d. The suspension of a Residential Rental Permit shall be imposed to affect only those
      Dwelling Units which are the subject of the violation(s) and enforcement action(s).

   e. Defense. When tenants are culpable for violations resulting in a suspension notice, the
      Property Owner may request a stay of suspension proceedings by providing written
      evidence of the initiation of eviction proceedings against culpable tenants. If tenants
      are evicted, the Property Owner may request termination of the suspension
      proceedings. If suspension has been stayed, but the tenants are not evicted,
      suspension proceedings can be reinstated by the municipality.

   f. Consent agreement and stay of suspension. The Principal Code Official is empowered
      during the course of an administrative inquiry on suspension of a Residential Rental
      Permit to enter into a consent agreement with the Owner. The consent agreement may
      set forth steps and conditions designed to bring the Property into and remain in
      compliance with Town Bylaws. In conjunction with the consent agreement, the
      Principal Code Official may stay the effective date of the suspension to afford the
      Owner an opportunity to complete the steps as set forth in the agreement and to
      comply with any further conditions outlined in the agreement. If during the stay, a
      violation of the consent agreement occurs, the stay shall be immediately lifted and the
      suspension reinstated. As part of the consent agreement, the Principal Code Official is
      authorized to require that additional penalties be included in the agreement for failure
      to comply with the terms of the agreement.

4. Appeals.

   a. A decision by the Principal Code Official to suspend, revoke, or deny the issuance of
      a Residential Rental Permit may be challenged by the Property Owner by filing an
      appeal to the Board of License Commissioners. All appeals shall be filed within 14
      days of the decision and shall be heard within 30 days of filing. All appeals shall be
   heard at a duly noticed public hearing and any party filing an appeal shall have the
   right to be represented by counsel. Additional regulations governing appeals may be
   adopted.

b. Following the conclusion of the appeal, the Board of License Commissioners is
   empowered to take any of the following actions:

   1. Sustain the suspension, revocation, or denial of Permit.

   2. Overturn the suspension, revocation, or denial of Permit upon a finding that
      proper procedure was not followed or that the available evidence does not support
      suspension, revocation, or denial of Permit.

   3. Stay or terminate the suspension, revocation, or denial of Permit pursuant to this
      Bylaw.

   4. Enter into a consent agreement with the Owner and stay the effective dates of the
      suspension, revocation, or denial of Permit pursuant to this Bylaw.

c. Effect of appeal. Except for an appeal from an emergency rental unit permit
   suspension order, appeals to the Board of License Commissioners shall operate to
   stay any order or action until a decision is reached. A stay shall not relieve an Owner
   of any obligation to correct any violations; to schedule any licensing inspection or re-
   inspection; to cooperate with the Principal Code Official to facilitate any complaint
   investigation; to pay any permitting, inspection, or re-inspection fees; or to pay any
   fines issued pursuant to this Bylaw.

d. A decision of the Board of License Commissioners shall be final. Further relief of a
   decision by the Board of License Commissioners made under this Bylaw shall be
   reviewable in a court of competent jurisdiction.

e. The Town may charge an administrative fee to recover the costs of conducting the
   administrative appeal.

f. Consent agreement and stay of suspension. The Board of License Commissioners is
   empowered during the course of an administrative appeal on suspension of a
   Residential Rental Permit to enter into a consent agreement with the Owner. The
   consent agreement may set forth steps and conditions designed to bring the Property
   into and remain in compliance with Town Bylaws. In conjunction with the consent
   agreement, the Board of License Commissioners may stay the effective date of the
   suspension to afford the Owner an opportunity to complete the steps as set forth in the
   agreement and to comply with any further conditions outlined in the agreement. If