A.
The Code Enforcement Officer shall enforce this chapter, for which
purpose he shall establish reasonable procedures. He shall have all
of the duties, responsibilities and powers set forth in state statute
or local ordinance, including but not limited to the power to issue
stop-work orders, notices of violation of this chapter and orders
to cease violations, or similar notices in the execution of his duties
and the authority to revoke building permits as a result of violations
of this chapter and/or MUBEC by the permittee, noncompliance with
the building permit, or other sufficient cause under this chapter
and/or MUBEC. He shall keep all activities within the jurisdiction
of this chapter under surveillance. He shall examine all applications
for permits or other actions under this chapter and within 60 days
from the receipt of such application grant building and/or use permits
to those applications acceptable according to the terms of this chapter,
or issue a denial in writing with reasons therefor to those applications
which are in violation of this chapter or do not otherwise conform
to the terms of this chapter. The Code Enforcement Officer shall cause
to be posted in the Town office and on the Town website a monthly
report of building permits within 15 days of the end of the month.
The Code Enforcement Officer shall keep records of his proceedings
and such records shall be made public. He shall institute or cause
to be instituted in the name of the Town any actions that might be
appropriate for the enforcement of this chapter and for prosecutions
of violations of this chapter. He shall report to the Town Manager
any changes that might be needed in this chapter and prepare a file
for review by the Selectmen and Planning Board for future action.
He shall follow up all building and/or use permits to ascertain compliance
with any conditions or restrictions imposed on the permittee by the
Code Enforcement Officer, Planning Board, or the Zoning Board of Appeals.
[Amended 6-12-2012]
B.
The action of the Code Enforcement Officer in issuing a stop-work order, notices of violations, or similar notices, and the action of the Code Enforcement Officer in revoking building permits, shall be appealable to the Zoning Board of Appeals by an aggrieved person or party within 15 days after the date of receipt of notice of such action by the aggrieved person or party. All other appeals to the Code Enforcement Officer shall conform with the time periods set forth in Article V, § 290-5.5, of this chapter. Upon appointment by the Board of Selectmen, the Alternate Code Enforcement Officer shall have all the duties, responsibilities and authority of the Code Enforcement Officer.
[Added 6-20-2006]
None of the following actions shall be taken until the Code
Enforcement Officer has issued a building and/or use permit certifying
that the plans of an intended use of the land or building are in conformity
with this chapter. No permit shall be issued for a project that includes
a new driveway until a driveway/access permit has been issued by the
Road Commissioner and/or the Maine Department of Transportation. Said
permit shall be posted on-site in a manner that is visible from a
public way within seven working days of issuance. In addition to the
actions identified below, this chapter applies to any other actions
which do not require a building or use permit.
A.
Construction, enlargement, alteration, demolition, or moving of any
building or structure, including temporary structures, when the fair
and reasonable value of such labor and materials used exceeds $2,000
cumulatively within a twelve-month period or work requiring a permit
per Sections 105 and R105 of MUBEC. Although no permit is required,
if the fair and reasonable value of said labor and materials used
is equal to or less than $2,000 cumulatively within a twelve-month
period or is exempt per Sections 105 and R105 of MUBEC., said construction,
enlargement, alteration, demolition, or moving of any building or
structure must still comply with all the provisions of this chapter.
[Amended 6-12-2012]
(1)
No permit for the complete demolition, in whole or in part,
of a building, its additions, ells or wings, located within an historic
district as described on the Camden Historic Areas Overlay map, or
located in a proposed historic district that is pending final approval
by the National Park Service or those individual properties listed
on the National Historic Register, but lying outside of the three
named National Historic Districts shall be issued until 120 days after
an application for demolition has been received by the Code Enforcement
Officer. Within 30 days of application submittal to the Code Enforcement
Officer, the Historic Resources Committee shall hold an informational
public review meeting regarding the proposed demolition. Notice of
the meeting shall be sent by certified return receipt mail to the
abutting properties owners, and the Chair of the Camden Historic Resources
Committee (HRC); and notice of the meeting shall be published in a
newspaper of general circulation at least seven days prior to the
public meeting. Costs for the notices shall be borne by the applicant.
[Amended 7-14-2020]
(a)
For the purpose of this section, "buildings" are defined as
structures intended to shelter some sort of human activity. The term
"building" can also be used to refer to historically and functionally
related buildings, such as a barn or other outbuilding. This section
also applies to building additions, such as ells or wings of a building
identified as architecturally significant (in the listing of the historic
district on the National Register of Historic Places). This section
does not apply to interior demolition or demolition, or removal and/or
replacement or repair of exterior features, such as siding, windows,
trim or decorative elements.
(b)
For the purpose of this subsection, an application for demolition
shall include the following information:
[1]
The address of the property to be demolished.
[2]
The owner's name, address and telephone number.
[3]
If different than the owner, the applicant's name, address,
phone, and interest in the property.
[4]
A description of the property, including present use and zoning
classification.
[5]
The reason for requesting a demolition permit.
[6]
A brief description of the proposed reuse, reconstruction, or
replacement.
[7]
A photograph or photograph(s) of the building/property.
[8]
Photographs of abutting properties.
[9]
A drawing or drawings showing location of subject property for
demolition, including abutting properties and properties to the front
and back of the subject property with sufficient detail to place the
property in perspective to surrounding properties. Drawing(s) are
not required to be professionally prepared, but shall be clear, complete,
and specific.
(c)
During the 120-day waiting period, the owner(s) is encouraged
to work with the Historic Resources Committee (HRC) and other interested
parties to explore possible alternatives to demolition. Owners/applicants
are encouraged to seek alternative options that will preserve, rehabilitate,
restore or move such buildings.
(d)
The 120-day delay period may be lessened or waived if it is
determined that the building or portion thereof that is contemplated
for demolition is deemed to be noncontributing or not architecturally
or historically significant. The HRC may make recommendations in this
regard to the Code Enforcement Officer, who then may waive or lessen
the prescribed 120-day delay period.
(e)
If a building or portion thereof is deemed to be contributing
or significant architecturally or historically and demolition will
be the final result, prior to issuance of the demolition permit, the
owner or the applicant shall prepare and submit an historical building
recordation of the property consistent with the intent of the Secretary
of the Interior's Standards and Guidelines for Architectural and Engineering
Documentation. The purpose of this recordation is to preserve an accurate
record of historic properties that can be used in research and other
historic preservation activities.
(f)
The owner or applicant shall also work with interested parties
to salvage, recycle, and reuse as many of the building materials as
possible.
(g)
Once the review process has been completed and, if required,
the historical building recordation submitted, the Code Enforcement
Officer may issue the demolition permit.
(h)
The waiting period shall not apply to demolitions that are ordered
by the Code Enforcement Officer or are deemed life safety hazards
by the Code Enforcement Officer or the Fire Chief.
B.
New use, including a new commercial use, including indoor and outdoor
marijuana cultivation facilities or a change of majority ownership
or a modification that is subject to an ordinance requirement or review
criteria for that commercial use.
[Amended 6-15-2010; 6-12-2019]
C.
Change of exterior dimensions and/or illumination of an existing
sign.
D.
Extraction of mineral resources.
E.
Excavation or filling of land causing the removal or filling of earth
in volumes exceeding 100 cubic yards in a period of one year.
F.
The provision, whether by fee simple ownership, lease, or other agreement,
of off-street parking spaces located on a different lot other than
the principal building or use in order to comply with the off-street
parking requirements of this chapter.
[Amended 6-12-2012]
The following activities are excluded from permitting: Any activities
exempted under the MUBEC; painting; and landscaping activities not
part of projects or developments requiring site plan review.
[Amended 6-12-2012]
A.
This section shall apply to all activities requiring a building permit,
including alterations and renovations to single-family and two-family
dwellings. This section does not apply to work exempt from permitting
under the MUBEC and accessory buildings and structures not for human
occupancy.
B.
Except as provided in Subsection A of this section, it shall be unlawful to use or occupy or permit the use or occupancy of any land, building, structure or part thereof which is created, erected, moved, changed, converted, altered or enlarged; or to change, alter or enlarge the use of any land, building, or structure for which a building permit is required until a certificate of occupancy is issued therefor by the Code Enforcement Officer and endorsed to the effect that the proposed use of the land, building, or structure conforms with the requirements of this chapter and with applicable state statutes governing plumbing permits and electrical permits.
C.
An applicant shall apply for a certificate of occupancy at the same
time as applying for a building permit. After completion of the work
permitted by the building permit, the applicant shall notify the Code
Enforcement Officer, who shall issue or deny the certificate of occupancy
within 15 days. The Code Enforcement Officer's failure to act within
15 days shall constitute denial of the certificate of occupancy. The
Code Enforcement Officer shall issue the certificate of occupancy
only upon finding that the building, structure, or site and the use
or occupancy thereof comply with the provisions of this chapter and
of any building permit issued, and of any site plan or subdivision
plan approved by the Planning Board or Zoning Board of Appeals. The
Code Enforcement Officer shall maintain a public record of all certificates
of occupancy which are issued.
D.
One conditional certificate of occupancy, valid for no more than
six months from the date of issuance, may be granted by the Code Enforcement
Officer based on a showing of reasonable need by the applicant. Once
the project is completed, the CEO shall issue a certificate of occupancy.
[Added 6-14-2022]
Photographic record required. All applicants for a permit for
any applicable development within the Shoreland Zone must submit to
the Code Enforcement Officer preconstruction photographs and, no later
than 20 days after completion of the permitted project or development,
post-construction photographs of the shoreline vegetation and development
site.
[Amended 6-12-2012]
A.
Application shall be in writing on forms provided by the Code Enforcement
Officer and account for all aspects to which this chapter applies.
Building permits are valid for six months for the beginning of construction
or use and for two years for the completion of construction, including
finish grading, landscaping, proper backfill, proper drainage, and
all other things to cause the construction, renovation, or change
to look presentable. An extension of time for six months to commence
or to complete may be granted upon application to and approval by
the Code Enforcement Officer, upon a showing by the applicant of reasonable
need, unless the chapter requirements had been changed after the issuance
and receipt of the original permit, in which case the request for
extension may be granted only upon application to and approval by
the Zoning Board of Appeals. A fee schedule for building or use permits
shall be established by the Selectmen annually and the Selectmen shall
annually establish a fee for applications for building and/or use
permits that are filed by the applicant after the commencement of
the activity for which the permit is required, such fee to be greater
than the fee for an application that was filed in a timely manner.
B.
Administrative appeals to the Zoning Board of Appeals from an action
of the Code Enforcement Officer in issuing or denying building permits
or certificates of occupancy shall be made within 60 days of the date
of such action or nonaction by the Code Enforcement Officer. Failure
of the Code Enforcement Officer to act upon a request for action,
except for an application for a certificate of occupancy, or upon
an application for a building permit and/or use permit within 60 days
of the date of receipt of such application by the Code Enforcement
Officer shall constitute denial of that request or application. The
Zoning Board of Appeals shall have no authority to decide an appeal
or to accept any appeal which has not been made within such sixty-day
period.
A.
The monetary penalties for violations of this chapter shall be as
follows:
(1)
The minimum penalty for starting construction or undertaking
land use activity without a required permit shall be $100, and the
maximum penalty shall be $2,500 per day.
(2)
If a required permit is not displayed within seven days of issuance,
it shall become null and void, and fees are not refundable.
(3)
The minimum penalty for any other specific violation shall be
$100, and the maximum penalty shall be $2,500 per day.
B.
In all other respects, assessments of penalties under this chapter
shall be in accordance with Title 30-A M.R.S.A. § 4452.
Assessment of penalties shall commence 48 hours after the date of
a certified mailing of a notice of violation signed by the Code Enforcement
Officer to the person or party in violation of this chapter. Such
notice shall be mailed with return receipt requested to the last known
address of the person or party in violation of this chapter. Return
of the receipt indicating that the notice was undeliverable as addressed
or otherwise not delivered to the person or party in question shall
not in any respect invalidate enforcement of this chapter or any penalties
for violations thereof. In addition to penalties provided herein,
the Town may bring an action in the Superior Court or District Court
to enjoin violations of this chapter, for collection of penalties,
and for such other relief as by law may be provided.
[Added 6-17-2003]
A.
When the actions of the Code Enforcement Officer do not result in
the correction or abatement of violations of this chapter, the municipal
officers (the Select Board), upon notice from the Code Enforcement
Officer, are hereby authorized to institute any and all actions or
proceedings, either legal or equitable, including seeking injunctions
concerning violations and the imposition of fines and penalties pursuant
to Title 30-A M.R.S.A. § 4452, seeking the relief and monetary
penalties set forth in that statute that may be appropriate or necessary
to enforce the provisions of this chapter in the name of the municipality.
B.
The municipal officers, or their authorized agent, are hereby authorized
to enter into administrative consent agreements for the purpose of
eliminating violations of this chapter and recovering fines without
Court action. Such agreements shall not allow an illegal structure
or use to continue unless the municipal officers are satisfied by
the party requesting a consent agreement that the following conditions
have been met:
(1)
There is no evidence that the landowner or the violator of this
chapter acted in bad faith;
(2)
There are no prior violations by the landowner or the violator;
(3)
The violation did not continue following a municipal order to
stop the violation;
(4)
The illegal structure or use will not result in a threat or
hazard to public health and safety and will not result in substantial
environmental damage; and
(5)
The illegal structure or use does not have a significant adverse
effect on the value or possession of adjoining properties.
C.
The municipal officers shall give notice to all landowners with land
abutting a lot for which a structure or use involves a consent agreement
of the Select Board meeting at which the Select Board considers the
request for a consent agreement.
D.
In addition to the authority to seek an administrative consent agreement
as set forth above, the municipal officers are also authorized to
enter into administrative consent orders subject to approval of the
Court. The municipal officers shall have the authority to enter into
an administrative consent order on such terms and conditions as the
municipal officers deem proper.
E.
Upon enactment, this amendment to this chapter shall be effective
immediately.
F.
Upon enactment, this amendment shall also amend the appropriate provisions
in Chapter XII of the Camden Code.
