[Ord. of 10-6-1998]
A.
Office
of Building Official.
B.
Liability
of Building Inspector. The Building Inspector or any employee charged
with the enforcement of this ordinance, acting in good faith and without
malice for the City in the discharge of his duties, shall not render
himself liable personally and he is relieved from all personal liability
of any damage that may accrue to persons or property as a result of
any act required or by reason of any act or omission in the discharge
of his duties. Any suit brought against the Building Inspector or
employee, because of such act or omission performed by him in the
enforcement of any provisions of this ordinance, shall be defended
by the City Solicitor until final termination of the proceedings.
C.
Right
of entry. The Building Inspector and all other inspectors required
under this ordinance, in the discharge of their official duties, and
upon proper identification, shall have authority to enter any building,
structure or premises for cause at any reasonable hour.
D.
Powers
and duties. The Building Inspector shall have the following duties:
1.
Enforce
all laws relating to the construction, alteration, removal and demolition
of buildings and structures, and to enforce the provisions of this
ordinance.
2.
Examine
preliminary plans to make sure plans meet minimum BOCA standards,
to determine completeness, and to evaluate compliance with other municipal
ordinances.
3.
Act
upon building applications, refer Shoreland Zone applications and
conditional use permit applications to the Planning Board, process
variance applications and administrative appeals to the Board of Appeals,
to review nonconforming use changes, and to maintain a record of fees
collected.
4.
Enter
any property at reasonable hours with the consent of the property
owner, occupant or agent, to inspect the property or structure for
compliance with the laws or ordinances set forth in this section.
5.
Investigate
complaints and reported violations.
6.
Keep
written inspection reports and thorough records.
7.
Issue
violation notices.
8.
Participate
in appeals procedures.
9.
Appear
in court when necessary.
10.
Confer with citizens in the administration and enforcement of this
ordinance.
11.
Regularly attend meetings of the Board of Appeals and meetings of
the Planning Board as necessary.
12.
Revoke a permit if it was issued in error or if it was based on erroneous
information.[1]
[1]
Editor's Note: Former Subsection D, Paragraph 13, which immediately
followed this paragraph and provided for consideration of recommendations
made by the Coastal Area Committee, was removed from the Code pursuant
to Ord. No. 2011.38, adopted 9-20-2011. Said ordinance disbanded the
Coastal Area Committee.
No person shall erect, locate, construct, enlarge, remove, demolish,
convert or change the nature of the occupancy and/or use of any building
or structure, or cause the same to be done, without first obtaining
a separate building permit from the Building Inspector for each building
or structure. No person shall undertake a building alteration, as
defined by this ordinance, without first obtaining a permit.
A.
Contents
of applications. Every applicant for a building permit shall submit
copies of a written application which shall include:
1.
As
to new buildings being erected, buildings being moved, and exterior
additions to existing buildings:
(a)
The shape, size and location of the lot for which application is
made.
(b)
The shape, size and location on the lot of the proposed building,
and of any proposed additions to existing buildings.
(c)
The shape, size and location of any other existing buildings on the
lot.
(d)
The location of adjacent buildings on adjacent lots, with reference
to the distance from the lot line.
2.
The
above requirements shall not apply to alterations wholly within an
existing building unless new uses are proposed or additional dwelling
units are constructed.
3.
All
applications shall also include:
(a)
The name and address of the property owner.
(b)
The name, address, and telephone number of the person, firm, or firms
involved in construction on the property.
(c)
The square footage of the proposed construction.
(d)
A statement of the proposed use for any new or moved building or
altered portion of an existing building.
(e)
Any other information the applicant wishes to furnish.
(f)
Any other information requested by the Building Inspector to make
the applications intelligible, and to determine whether the proposed
construction will conform to this ordinance, other local ordinances
and state law.
(g)
If the property is not served by a public sewer a valid plumbing
permit or a completed application for a plumbing permit, including
the site evaluation approved by the Plumbing Inspector, shall be submitted.
(h)
A certification that the information in the application is complete
and correct to the best of the applicant's knowledge and belief.
(i)
Information showing the location and boundaries of wetlands and freshwater
ponds.
4.
All
applications shall be signed (a) by the person or firm to do the work
and (b) by the owner of the property or other person authorizing the
work.
5.
All
applications shall be dated, and the Building Inspector shall note
upon each application the date and time of its receipt at his office.
6.
In
all instances, the burden of proof shall be on the applicant to demonstrate
that the requirements of the ordinance have been met.
B.
Action
on application. Upon receipt of a building permit application the
Building Inspector shall:
1.
Decide
whether the information in the application is sufficient for him to
determine whether, under the ordinance, the permit should be issued,
or if the application is otherwise inadequate.
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If he feels the application is insufficient or inadequate, he
shall at once notify the applicant in writing, indicating what he
feels is required to correct the application. If the application is
not so corrected, he shall deny it.
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2.
When
an application conforms to the provisions of this ordinance and other
codes and ordinances of the City, upon payment of the required fee,
he shall within 10 days of its receipt issue the permit. He shall
file one copy of the application and building permit with the City
Clerk and keep one copy of the application and permit in a permanent
file in his office.
3.
a.
If the application does not so conform, he shall, within 10 days,
deny the permit in writing, stating therein his reasons for such denial.
b.
In the event the proposed building or structure is so constructed
or is of such usage as to require a review of the application by other
authorities or boards, the Building Inspector shall refer the applicant
to the appropriate authority or board for review, approval or denial.
Upon his receipt of the decision of the reviewing authority or board,
in writing, and if such decision is an approval, the Building Inspector
shall issue the permit with any conditions prescribed by the reviewing
authority or board.
c.
The Building Inspector shall not issue any building permit if he
has knowledge that a particular structure or use would be located
in an unapproved subdivision, and/or if he has knowledge that the
structure or use would be in violation of a particular state law or
local ordinance. In either case, the burden of proof shall be upon
the applicant. In denying any permit under these circumstances, the
Building Inspector shall state in writing the reasons for the denial.
4.
If
he shall fail, for any reason, within 10 days either to issue a permit
or deny an application in writing, such failure shall be deemed a
denial so that the applicant may appeal to the Board of Appeals if
he so wishes.
C.
Lapse
of permit. Following the issuance of a building permit, if no substantial
start is made on the construction within 12 months of the date of
the permit, it shall lapse and become void. Thereafter no further
work on such construction can be made until a new application has
been made and approved as aforesaid. All construction shall be completed
within two years of the date of issuance of the permit. The fee for
such permit shall be charged as a renewal fee.
D.
Validity
of permits. Any permit issued which is not in conformity with the
provisions of this ordinance confers no rights and is a nullity.
B.
Issuance.
No certificate of occupancy shall be issued unless the lot or building
or structure or use complies with all the provisions of this ordinance.
A record of all certificates of occupancy shall be kept on file in
the office of the Building Inspector, and a copy shall be furnished,
on request, to any person having a proprietary or tenancy interest
in the building or land involved. A duplicate copy shall be filed
in the office of the assessor, and the certificate of occupancy shall
state specifically the uses which it permits.
A.
Violations.
If the Building Inspector shall find that any of the provisions of
this code are being violated, he shall notify by certified mail the
person(s) responsible for such violation(s) indicating the nature
of the violation(s) and the state regulations regarding fines, and
order the action necessary to correct it. If following such investigation,
he feels the ordinance is being violated, it shall be his duty to
start legal action on behalf of the City. He shall order discontinuance
of illegal use of land, buildings or structures or additions, alterations
or structural changes; or discontinuance of any illegal activity.
B.
Fines.
Each offense shall constitute a separate offense for each day the
violation occurs. The penalties for violation of this ordinance shall
be as prescribed in 30-A M.R.S.A. § 4452, as follows:
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Civil penalties. The following provisions shall apply to violations
of the laws and ordinances set forth in this section, and all monetary
penalties shall be civil penalties.
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1.
The
minimum penalty for starting construction or undertaking a land use
activity without a required permit shall be $100, and the maximum
penalty shall be $2,500 for each violation.
2.
The
minimum penalty for a specific violation shall be $100, and the maximum
penalty shall be $2,500.
3.
The
violator may be ordered to correct or abate the violations. Where
the court finds that the violation was willful, the violator shall
be ordered to correct or abate the violation unless the abatement
or correction will:
4.
If
the municipality is the prevailing party, it shall be awarded reasonable
attorney fees, expert witness fees and costs, unless the court finds
that special circumstances make the award of these fees and costs
unjust. If the defendant is the prevailing party, he may be awarded
reasonable attorney fees, expert witness fees and costs as provided
by court rule.
5.
In setting a penalty, the court
shall consider, but shall not be limited to, the following:
(a)
Prior violations by the same party;
(b)
The degree of environmental damage that cannot be abated or corrected;
(c)
The extent to which the violation continued following a municipal
order to stop; and
(d)
The extent to which the municipality contributed to the violation
by providing the violator with incorrect information or by failing
to take timely action.
6.
a.
The maximum penalty may exceed $2,500, but shall not exceed $25,000,
when it can be shown that there has been a previous conviction of
the same party within the past two years of the same law or ordinance.
b.
All proceedings arising under the provisions of locally administered
laws and ordinances shall be brought in the name of the municipality,
and those fines shall be paid to the municipality.
c.
Nothing in this ordinance shall be deemed to prevent an aggrieved
party from taking independent action, including instituting injunctions,
mandamus, or any other appropriate action to prevent or abate a violation.
