Does either the ZA or the applicant have a duty to replace posted warnings and notices that have been ripped down?
If the bylaw does not require the zoning administrator to post the notice, it is the applicant’s duty to see that a copy of the notice is posted for the requisite time period. If the bylaw requires the ZA to post the notice, then it is the ZA’s duty to see that the posting remains up. Applicants must consider that this provision is designed to ensure adequate notice to would-be interested persons. If those people are not adequately warned about a hearing or about their rights to appeal, the validity of the permit may be questioned. Therefore, while a bylaw may assign the duty to post to a particular municipal official, applicants still have a strong interest in making sure the notice is visible for the requisite time period.
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