[HISTORY: Adopted by the Town of Ogunquit 6-10-1997 STM (Title II, Ch. 9, of the 1980 Code).
Amendments noted where applicable.]
An ordinance to provide the Town of Ogunquit rules and regulations
to improve safety of the public by promoting the control of fire hazards;
regulating the installation, use and maintenance of equipment and
the use of structures, premises and open areas; providing for the
abatement of fire hazards; and setting forth standards for compliance
to achieve these objectives.
It shall be unlawful for any person to violate this chapter,
to permit or maintain such violation, to refuse to obey any provision
thereof, or to fail or refuse to comply with any such provision or
regulation except as variation may be allowed by action of the authority
having jurisdiction, in writing. Proof of such unlawful act or failure
to act shall be deemed prima facie evidence that such act is that
of the owner. Prosecution or lack thereof of either the owner or the
occupant shall not be deemed to relieve the other.
The provision shall apply equally to both public and private
property. It shall apply to all new structures and their occupancies,
including buildings, structures, equipment, etc., and, except as otherwise
specified within its own terms, to existing structures and their occupancies,
including buildings, structures, equipment, etc., that constitute
a clear and present hazard to life or to property.
[Amended 6-8-2021 ATM by Art.
9; 11-2-2021 STM by Art. 6]
The following codes are hereby adopted by reference in accordance
with the provisions of Title 30-A M.R.S.A. § 2361, to include
the insertions and deletions noted as amendments.
[Added 11-2-2021 STM by Art. 6[1]]
Effective December 1, 2010, duly appointed fire chiefs or their
designees, municipal building officials, and Code Enforcement Officers,
when authorized by their respective municipal employer, may bring
a civil action in the name of the municipality to enforce any of the
state laws, duly adopted state rules or local ordinances enacted pursuant
to this chapter and Title 10, Chapter 1103; and 2011, c. 365 § 8
(AMD).
[Added 11-2-2021 STM by Art. 6]
In any proceeding brought by or against the state that involves
the validity of a municipal ordinance, the municipality must be given
notice of the proceeding and is entitled to be made a party to the
proceeding and to be heard. In any proceeding brought by or against
the municipality that involves the validity of statute, ordinance,
or regulation, the Attorney General must be served and made a party
to the proceeding and is entitled to be heard. This section applies
to enforcement to statutes, rules, or ordinances enacted pursuant
to this chapter and Title 10, Chapter 1103.
Any person, firm or corporation, being the owner of, or having
control or use of, any building or premises, who or which violates
any provision of this chapter, on conviction thereof, shall be fined
pursuant to 30-A M.R.S.A. § 4452. All fines collected hereunder
shall inure to the Town.
[Amended 6-8-2021 ATM by Art.
9; 11-2-2021 STM by Art. 6]
Copies may be purchased from the National Fire Protection Association,
Inc., Quincy, Massachusetts.
