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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)

Citation
Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)
Parent Document
Berman & Sons, Inc. v. Jefferson, 396 N.E.2d 981 (1979)
Jurisdiction
Massachusetts (state)
Effective Date
1979-11-08

Other Sections in This Document (63)

Full Text

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Amicus Greater Boston Real Estate Board points to language in the State Sanitary Code to show that the Code contemplates a reasonable time to repair as a prerequisite for punishment of a violation. An enforcement agency’s order “shall indicate the time limit for compliance” and “may suggest action which, if taken, will effect compliance with this Chapter.” State Sanitary Code, Art. II, Regulation 33.4 (c) and (e), adopted in 67 Mass. Reg. 40 (1977) (currently codified in 105 Code Mass. Regs. 410.832 [B] [3] & [5]). Failure to comply with such an order is a prerequisite for a fine. Id. at 410.910.