A.
No person, firm, or corporation may commence work on any of the following
without first obtaining a permit from the Building Official:
B.
Emergency work may be undertaken without first obtaining a permit,
and a permit must be obtained on the next day the office is open following
commencement of such work.
C.
Fees for permits and inspections under this article shall be as set
forth in the permit fee schedule adopted by the City Council.
D.
For permit fees based on the cost of work or square feet of the area
of the work, whichever has a greater value, after calculation. If
the proposed project cost submitted by the applicant is less than
that as would be indicated by national standards, the City of Sanford
reserves the right to determine the proposed project cost based on
those standards and assess the permit fee accordingly.
E.
Except for emergency work, the fee for any permit obtained after
work has been commenced shall be double the fee otherwise provided
for in the fee schedule pursuant to this section.
F.
The Code Enforcement Director shall adopt a policy authorizing refunds
of any fee under this section, where appropriate.
A.
No person, firm, or corporation having ownership or interest in a
building, structure, or property shall allow any building, structure,
or property to be used or occupied without a certificate of occupancy.
B.
No final certificate of occupancy shall be issued where any condition
of the building, structure, or property is not in compliance with
any section of the Code, except where phased occupancy is specifically
provided for in approved permits or plans.
A.
Any person, firm, or corporation who owns, occupies, or controls
a building, structure, or premises shall be guilty of an offense and
subject to the penalties and remedies provided in this chapter and
30-A M.R.S.A. § 4452 if that person, firm, or corporation
does any of the following:
(1)
Violates a provision of this article, or any codes adopted pursuant
to this article;
(2)
Allows a violation to occur or remain at any building, structure,
or premises that any person, firm or corporation owns, occupies, or
controls;
(3)
Fails to comply with any lawful order issued pursuant to this article;
or
(4)
Builds inconsistently with any approved permit or plan.
B.
The imposition of a penalty for a violation does not excuse that
violation or allow it to continue.
In addition to the remedies otherwise provided, the following
specific remedies shall also be available.
A.
The Building Official may issue a stop-work order, prohibiting that
any additional work be completed until any violations are remedied.
A fee to remove any stop-work order shall be set forth in the fee
schedule adopted pursuant to this article.
B.
Where any establishment exceeds the posted occupant limit, the Building
Official, the Fire Chief, and/or their designees, may order any performance,
presentation, spectacle, or entertainment to be stopped until the
condition is corrected.
C.
Where any violation of any provision of the Code, including failure
to comply with any subdivision or site plan approved by the Planning
Board, or condition imposed by the Zoning Board of Appeals, shall
be found to exist and after the issuance of a notice of violation
by the Building Official, the Building Official shall notify the City
Manager, who may then institute any and all actions and proceedings,
either legal or equitable, including seeking injunctions of violations
and the imposition of fines that may be appropriate or necessary to
enforce the provisions of this chapter in the name of the City. The
City Manager shall inform the City Council before instituting action
in court, but need not obtain the consent of the City Council, and
the City Manager may institute any action for injunctive relief without
first informing the City Council in circumstances where immediate
relief is needed to prevent a serious public harm.
D.
For the purposes of eliminating violations and recovering penalties
without court action, the City Manager may enter into administrative
consent agreements in the name of the City.
A.
An aggrieved party may appeal from a final decision made pursuant
to this article to the Board of Appeals within 30 days from the action
of the Building Official.
B.
The Board of Appeals shall have no authority to waive requirements
of the code.
C.
The order of the Building Official shall not be stayed during any
such appeal.
A.
Nothing in this article shall be construed to relieve any responsible
party from liability, or lessen such liability, for damages to persons
or property caused by a defect in work performed pursuant to this
article.
B.
No officer or employee charged with the enforcement of this article
when acting for the City in the discharge of their duties shall render
themselves personally liable for any damages that may occur to any
person or property as a result of their acts in the discharge of their
duties.
C.
The City shall not be rendered liable for any damage to persons or
property arising out of any permit, inspection, or other action taken
pursuant to this article.
