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S 1082

An Act relative to the effective enforcement of municipal ordinances and by-laws

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 4 co-sponsors

Raises civil penalties up to $1,000 and allows courts to award attorneys’ fees to municipalities in equity enforcement actions to enforce ordinances and by-laws.

Hearing scheduled for 07/15/2025 from 01:00 PM-08:00 PM in A-2
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Bill Summary · S 1082

Summary — S.1082: "An Act relative to the effective enforcement of municipal ordinances and by‑laws"

Status and context
- Docketed as Senate Bill No. 1082 (Massachusetts). Petition filed by Sen. James B. Eldridge and others. Referred to the Judiciary committee; hearing(s) scheduled (most recently 07/15/2025).
- Note: The document bundle provided mixes materials from multiple jurisdictions (an unrelated Idaho bill also numbered S 1082 and a set of federal cosponsors). This summary focuses on the Massachusetts measure titled “An Act relative to the effective enforcement of municipal ordinances and by‑laws.”

Purpose
- To strengthen municipal enforcement tools by (1) increasing the statutory civil penalty cap for certain municipal enforcement actions and (2) authorizing courts, in equity suits brought by municipalities to enforce ordinances/by‑laws, to assess civil penalties plus reasonable attorneys’ fees and costs in addition to equitable relief.

Key provisions
1. Increase in statutory monetary cap
- Amends Section 21D of Chapter 40 of the General Laws by replacing the existing figure “three hundred dollars” with “$1,000.” (This raises the referenced penalty threshold to $1,000.)

  1. New paragraph authorizing penalties and fee awards in equity enforcement suits

    • In any suit in equity in superior, district or land court brought by a city/town (or municipal agency/officer/board/commission with enforcement authority) to enforce an ordinance, by‑law, or related rule/regulation/order, the court:
      • May assess a civil penalty (in accordance with Section 21D and Section 21) and
      • May award reasonable attorneys’ fees and costs to the municipality.
    • Civil penalties imposed under this paragraph are in addition to any equitable relief ordered and are payable to the city/town for its use.

  2. Factors the court must consider when assessing penalties

    • Whether the violation was willful or negligent
    • Harm to public health, safety, or the environment
    • Economic benefit gained by the defendant from the violation
    • Cost to the city/town resulting from the violation
    • Defendant’s history of noncompliance
    • Whether the defendant made good‑faith efforts to cure or cease the violation after first notice

Who would be affected
- Municipalities and municipal enforcement entities: strengthened ability to recover penalties and costs when pursuing equity enforcement actions.
- Individuals, businesses, developers, property owners and other regulated parties: higher potential monetary exposure (civil penalties up to $1,000 and possible fee awards) in enforcement suits brought by municipalities.
- Courts (superior, district, land court): new explicit authority and factors to apply when imposing penalties and awarding fees in municipal enforcement equity suits.

Potential impacts
- Increases financial deterrence against ordinance/by‑law violations and better enables municipalities to recover enforcement costs.
- May increase stakes of equity litigation (potentially more settlements or contested litigation).
- Shifts some enforcement remedies from administrative fines to court‑imposed penalties and fee awards in equity cases.

Procedural/timeline notes
- Petition and filing activity occurred in early 2025; committee referral to Judiciary and a public hearing scheduled for 07/15/2025. Further legislative action will determine enactment and any effective date.

Compiled from official sources — confirm details with the bill’s official record.

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