The purpose of this article is to ensure that construction,
whether new or renovated, and general development throughout the City
is of a quality that protects the health, safety, and welfare of the
public.
The following permits are required in the City of Westbrook:
A.
Building permits. A person who desires to construct, reconstruct,
structurally alter, add to, relocate, or demolish a building, construct
a pool, build a shed, or install a fence must first obtain a building
permit. A building permit is required for the following activities:
B.
Use permit. The owner of a building which has been constructed, reconstructed,
structurally altered, added to, or relocated must obtain a use permit
before the building or part of it requiring a building permit may
be occupied. The purpose of this permit is to ensure that the use
is permitted.
C.
Change of use permit. The owner of real estate who desires to change
its use without making any change for which a building permit is required
must first obtain a change of use permit.
D.
Permit for expansion of nonconforming use or conditional use.
(1)
The owner of real estate who desires to expand its nonconforming use must follow the requirements of Article III and obtain a building permit from the Code Enforcement Officer.
(2)
The owner of real estate who desires to expand its use which
was permitted by conditional permit must obtain an amended approval
from the Planning Board before proceeding and obtain a building permit
from the Code Enforcement Officer.
E.
Excavation and fill permit.
(1)
An excavation or fill that is not covered by any other permit
in this chapter is required to obtain a permit from the Code Enforcement
Officer if:
(a)
Excavation. More than 30 cubic yards is proposed to be excavated
from the property. The applicant shall describe the reasons for the
excavation, disposition of the soil, identification of any potentially
contaminated soil, erosion and sedimentation control, and impact on
surrounding properties.
(b)
Fill. The applicant must demonstrate the purpose of the fill
if, and how many, wetlands on the site are proposed to be filled,
that no drainage course is changed, and that proper soil and erosion
practices are put in place.
(2)
The Code Enforcement Officer, in consultation with other City
staff, will approve or deny the permit to fill based on the environmental
issues noted above.
F.
Driveway permit.
(1)
The Code Enforcement Officer shall approve or deny, in consultation
with the City Engineer, driveway permits. In applying for such a permit,
the applicant shall provide information on the elevation of the driveway,
its slope into the street (no slope greater than 3% is allowed). The
Code Enforcement Officer shall ensure that no drainageway is obstructed,
that improvements are made to handle flow capacity, and that the design
does not create an erosion and sedimentation problem.
An applicant for a permit of any type must submit a written
application to the Code Enforcement Officer. The Code Enforcement
Officer shall review the application and shall make any necessary
inspection within a responsible time. If the application is for a
permit which can be issued by the Code Enforcement Officer and the
requirements of this chapter and any other pertinent ordinance or
state statute are met, the Code Enforcement Officer shall issue the
permit to the applicant. If the application is for a permit which
requires approval of the Zoning Board of Appeals or the Planning Board,
the Code Enforcement Officer shall refuse to issue the permit and
shall advise the applicant of the necessary procedures to be taken.
A.
Application for building permit. An application for a building permit
must state the intended use to be made of the land and buildings.
It must be accompanied by a plot plan drawn approximately to scale
showing the dimensions of the lot, the location and size of a building
proposed to be constructed or relocated, and the location of any public
or private way on or adjacent to the lot. All designs must be in accordance
with appropriate building and life safety codes, adopted by reference
by the City, as from time to time amended. The drawing must be of
adequate quality to determine impact on setbacks and compliance with
building codes.
B.
Application retained. An application for any type of permit, any
accompanying data, and a copy of each permit issued must be kept on
file in the office of the Code Enforcement Officer.
C.
Inspection of premises. The Code Enforcement Officer may inspect
all necessary parts of any premises regulated by this chapter during
reasonable hours.
D.
Fees. Fees for permits shall be determined by the City Council.
A.
Enforcement. The Code Enforcement Officer (CEO) shall enforce this chapter. The CEO shall make determinations under and interpretations for this chapter, subject to the right of appeal of any aggrieved person under Article XV of this chapter. The Code Enforcement Officer's interpretations of the chapter shall create precedent and will be recorded for future determinations.
B.
Periodic inspection. The Code Enforcement Officer shall travel each
public way in the City of Westbrook, from time to time, to ensure
that there are no violations of this chapter.
C.
Annual report. The Code Enforcement Officer shall file a report with
the Municipal Officers on a quarterly basis, and an additional summary
of the year's activity on an annual basis. The report shall contain
a list of violations of this chapter and his/her actions with respect
to them. The report shall also include the building permits issued,
and actions taken by the Zoning Board of Appeals.
D.
Complaints. When any person files a complaint with the Code Enforcement
Officer that this chapter is being violated, the Code Enforcement
Officer shall immediately examine the subject of the complaint and
take appropriate action. The Code Enforcement Officer shall keep a
record of these complaints, the action on them, and report to the
complainer, upon request.
E.
Violation procedure. When any violation of this chapter comes to
the attention of the Code Enforcement Officer, a written notice of
the violation to the owner of the premises shall be delivered. The
notice may be served by having a copy of it delivered by certified
mail, by handing a copy to the owner, or by leaving it at the owner's
place of residence or usual place of business. If the owner cannot
be found after a reasonably diligent search, the notice may be served
by posting it in a conspicuous place on the premises in violation.
The notice must state a specific, reasonable time within which the
violation must cease. If the owner of the premises does not comply
with the order within the specified time, the Code Enforcement Officer
shall take appropriate legal action, consistent with this article
and state statute.
The Code Enforcement Officer shall enforce this chapter conducted
in accordance with 30-A M.R.S.A. § 4452, as amended.
If this chapter is violated by a partnership, corporation, or
person, members or officers who participated or are authorized in
the action resulting in the violation are subject to the penalties
described in 30-A M.R.S.A. § 4452, as from time to time
amended. The following penalties shall be observed:
A.
Starting construction without a permit: as set forth in Chapter A401, Master Fine Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Minimum penalty for a specific violation: as set forth in Chapter A401, Master Fine Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Any other penalties: as identified in 30-A M.R.S.A. § 4452.
Owners, contractors, subcontractors, employees, or agents of
the owner of real estate or any other person who performs services
without the proper permit or verifying that it has been obtained is
in violation of this chapter.
Any real estate or personal property in violation of this chapter
is a nuisance.
[Added 8-20-2018 by Ord.
No. 2018-96]
In addition to any other enforcement action authorized by this chapter, the Code Enforcement Officer shall have the authority to issue a stop-work order when the Code Enforcement Officer determines that there has been a violation of this chapter or any other provision of this Code or statute that is enforced by the Code Enforcement Officer. A stop-work order will not be issued until either the owner of the property or the contractor has been issued a verbal notice and given an opportunity to correct the violation. A stop-work order is subject to the appeal provisions of § 335-15.3A, but the stop-work order will remain in effect during the appeal period unless the violation is resolved during that time.