It shall be the duty of the Code Enforcement
Officer of the Town of Wells to enforce the provisions of this chapter.
If the Code Enforcement Officer shall find that any of the provisions
of this chapter are being violated, he shall notify in writing the
person responsible for such violation, indicating the nature of the
violation and ordering the action necessary to correct it. He shall
order the discontinuance of illegal use of land, buildings or structures;
the removal of illegal buildings or structures or of additions, alterations
or structural changes thereto; the discontinuance of any illegal work
being done; or he shall take any other action authorized by this chapter
to ensure compliance with or to prevent violation of its provisions.
[Amended 4-26-1996; 6-13-2017]
A. It shall be unlawful to use or occupy or permit the use or occupancy
of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partially altered or enlarged
in its use until a certificate of occupancy is issued by the Code
Enforcement Officer. No certificate of occupancy shall be issued unless
the proposed use of the building(s) or land conforms to the requirements
of this chapter and/or to an approved site plan, if required for the
proposed use.
B. A temporary certificate of occupancy may be issued by the Code Enforcement
Officer for six months during construction or alteration for partial
occupancy of a building or lot pending the completion of construction
or development, provided that the temporary certificate of occupancy
may require conditions and safeguards to ensure the safety of the
occupants and the public and that the applicant remains in compliance
with the terms of the building permit or approved site plan.
C. The Code Enforcement Officer shall maintain a permanent public record
of all certificates of occupancy.
D. Failure to obtain a required certificate of occupancy shall be a
violation of this chapter.
E. Upon completion of construction, the applicant, or his/her authorized
agent, must arrange for a final inspection to ensure that all construction
is consistent with the approved building permit. Noncompliance with
the approved building permit or with other local, state or federal
regulations may be reason for not granting a certificate of occupancy.
[Amended 4-19-1997; 4-18-1998; 11-6-2012]
A. When a violation of any provision of this chapter
shall be found, the Code Enforcement Officer shall send a written
notice of the violation to the responsible party or parties and shall
also notify the Board of Selectmen of the violation.
B. If the notice does not result in the correction of
the violation, the Board of Selectmen is directed to institute any
and all actions and proceedings, either legal or equitable, including
seeking injunctions of violations and the imposition of civil penalties,
that may be appropriate or necessary to enforce the provisions of
this chapter in the name of the municipality. The Board of Selectmen,
or its authorized agent, is authorized to enter into administrative
consent orders to eliminate violations and to collect civil penalties
without court action. Such agreements shall not allow an illegal structure
or use to continue unless there is no evidence that the owner knowingly
violated the provisions of this chapter.
[Amended 4-16-1999]
Any person, firm or corporation, including but not limited to a landowner, his agent or a contractor, who or which orders or conducts any activity in violation of the provisions of this chapter shall be penalized as set forth in 30-A M.R.S.A. § 4452, except that the penalty for any person, firm or corporation who or which violates any provision of §
145-45 of this chapter shall not exceed $1,000 for the first offense.