Unless otherwise specifically stated, this chapter shall be
administered and enforced by the City of Saco Code Enforcement Officer
("CEO").
A.
It shall be the duty of the CEO to enforce this chapter and, in connection
therewith, to investigate all complaints of alleged violations of
this chapter and cases that violate this chapter.
B.
Furthermore, it shall be the duty of the CEO to enforce the City
of Saco Subdivision Ordinance[1] and, in connection therewith, to investigate complaints
of alleged violations of the Subdivision Ordinance and cases that
violate the Subdivision Ordinance.
D.
Other City officials. It shall be the duty of the Mayor, City Council,
and members of the Fire Department, Police Department, Electrical
Inspector, Local Plumbing Inspector, City Planner, Health Officer,
and Tax Assessor to assist the CEO by reporting new construction,
reconstruction, or land use in apparent violation of this chapter.
A.
Building permit and certificate of occupancy (CO).
(1)
CO. No new structure shall be occupied or used, nor shall the
occupancy of any commercial or industrial building change, prior to
the issuance of a CO by the CEO. The CEO shall not issue a CO unless
the new structure or proposed use is in conformance with this chapter.
B.
Building codes. Building permits and COs shall be issued in conformance both with this chapter and with Chapter 73 and all applicable ordinances of the City of Saco.
C.
Shoreland zoning overlay districts.
(1)
Shoreland permits required. No person shall, without first obtaining
a shoreland zoning permit, engage in any activity or use of land or
structure requiring a permit or expand, change, or replace an existing
use or structure, or renew a discontinued nonconforming use.
(2)
Shoreland standards. Prior to making a decision on an application
for a shoreland zoning permit, the permitting authority shall make
findings, based on the information presented, that the proposed use:
(a)
Will maintain safe and healthful conditions;
(b)
Will not result in water pollution, erosion, or sedimentation
to surface waters;
(c)
Will adequately provide for the disposal of all wastewater;
(d)
Will not have an adverse impact on spawning grounds, fish, aquatic
life, bird or other wildlife habitats;
(e)
Will conserve shore cover and visual, as well as actual, points
of access to inland and coastal waters;
(f)
Will protect archaeological and historic resources as in accordance
with the Comprehensive Plan;
(g)
Will not adversely affect existing commercial fishing or maritime
activities;
(h)
Will avoid problems associated with floodplain development and
use;
(j)
If located in a structure, the structure is located in an approved
subdivision and will not violate any other local ordinance or regulation
or any state law.
D.
Exemptions. No permit shall be required for the construction, alteration,
relocation, or replacement of any building or part thereof having
a total cost of construction of $500 or less, provided it conforms
with the provisions of this chapter.
E.
Material accompanying applications. The application for the permit
shall be in writing and shall be made on such form as the CEO shall
prescribe and shall contain a scale drawing of the proposed new, altered
or relocated building, or the replacement contemplated, including
a plot plan (unless waived by the CEO). The application shall be filed
with the CEO.
F.
Residential and shoreland zoning overlay districts. This subsection
applies only to residential districts and shoreland zoning overlay
districts. The CEO will notify abutting landowners by mail that a
building permit has been issued whenever a building permit will lead
to the construction of a new dwelling unit, will lead to the creation
or expansion of a commercial use, or will lead to the creation or
expansion of an accessory use with commercial aspects. In addition,
in the Shoreland Zoning Overlay Districts, the notice will be issued
for any exterior change requiring a building permit. These notices
are not required if earlier approvals required for such a permit have
been the subject of a public hearing, such as those held for conditional
use, site plan review, subdivision, shoreland zoning, a variance,
or other similar permitting actions. The notice will be mailed within
one week of the issuance of the building permit, and shall describe
briefly what the permit is for, and describe briefly the appeals process.
Failure to receive the notice shall not invalidate any action taken
by the CEO.
G.
Permit approval. The CEO, after proper examination of the application,
shall either issue the requested permit or transmit a notice of refusal
within 10 calendar days. Notice of refusal shall be in writing and
shall state the reasons therefor. However, when the CEO has reason
to believe that the proposed construction would not be in compliance
with other local regulations or state laws, the building permit shall
not be issued until all questions have been resolved to the CEO's
satisfaction. When a violation of subdivision standards is believed
to exist, the Planning Board shall be given an opportunity to examine
the proposal.
H.
Record of permit applications. Each application for a building permit,
together with all plans, drawings, correspondence, and a copy of the
issued building permit, shall be made part of a permanent file, and
such file shall be kept in a locked cabinet in a City Building or
electronically on a secure City server.
I.
Installation of public utility service. No public utility, water
district, sanitary district or any utility company may install services
to new structures located in the shoreland zone unless all permits
required under this chapter or any previous ordinance have been issued
by the appropriate municipal officials.
J.
Limits on shoreland approvals.
(1)
If substantial construction is not commenced within 24 months
of the Planning Board's or CEO's written approval of a shoreland permit,
the shoreland permit shall be null and void. "Substantial construction"
shall mean the completion of a foundation, addition, or other evidence
satisfactory to Department staff. The deadline may be extended for
one additional year by the appropriate permitting authority upon written
request of the applicant. The written request for an extension must
be submitted before the date of expiration of the shoreland permit.
After the shoreland permit has expired or an extension denied by the
permitting authority, the applicant may reapply for a shoreland zone
approval at any time without prejudice.
K.
Contractor certification. When an excavation contractor proposes
an activity that results in more than one cubic yard of soil disturbance,
the person responsible for management of erosion and sedimentation
control practices at the site must be certified in erosion control
practices by the Maine Department of Environmental Protection. This
person must be present at the site each day earthmoving activity occurs
for a duration that is sufficient to ensure that proper erosion and
sedimentation control practices are followed. This is required until
erosion and sedimentation control measures have been installed which
will either stay in place permanently or stay in place until the area
is sufficiently covered with vegetation necessary to prevent soil
erosion. The name and certification number of the person who will
oversee the activity causing or resulting in soil disturbance shall
be included on the permit application. This requirement does not apply
to a person or firm engaged in agriculture or timber harvesting if
best management practices for erosion and sedimentation control are
used; and municipal, state, and federal employees engaged in projects
associated with that employment.
A.
Nuisances. Violations of shoreland zoning overlay district provisions,
including this chapter's performance standards, shall be deemed a
nuisance.
B.
Code Enforcement Officer.
(1)
It shall be the duty of the CEO to enforce provisions of Article VIII. If the CEO finds that any provision of Article VIII is violated, the CEO shall notify, in writing, the person(s) responsible for such violation, indicating the nature of the violation and ordering action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy of such notice shall be submitted to the City Administrator, Mayor, and City Council and be maintained as a permanent record.
(2)
The CEO shall conduct on-site inspections to ensure compliance with all applicable laws and conditions attached to permit approvals. The CEO shall also investigate all complaints of alleged violations of Article VIII.
(3)
The CEO shall keep a complete record of all essential transactions
of the office, including applications submitted, permits granted or
denied, variances granted or denied, revocation actions, revocation
of permits, appeals, court actions, violations investigated, violations
found, and fees collected.
A.
The CEO is hereby authorized to institute or cause to be instituted
by the City Solicitor in the name of the City of Saco all actions
that may be appropriate or necessary for the enforcement of this chapter.
This section shall not prevent a person entitled to equitable relief
from enjoining an act contrary to the provisions of this chapter.
B.
Furthermore, the CEO is hereby authorized to institute or cause to
be instituted by the City Solicitor in the name of the City of Saco
all actions that may be appropriate or necessary for the enforcement
of the Subdivision Regulations.[1] This section shall not prevent a person entitled to equitable
relief from enjoining an act contrary to the provisions of the Subdivision
Regulations.
C.
Any person, firm, corporation, or other business association, being
the owner or having control of land, building, or other structures,
or part thereof, which violates the provisions of this chapter, shall
be penalized in accordance with 30-A M.R.S.A § 4452, with
fines of not less than $100 nor more than those amounts set forth
in 30-A M.R.S.A § 4452. Each day may constitute a separate
offense. Fines shall apply following issuance of a notice of violation
signed by the CEO. Such notice shall be mailed by certified mail,
with return receipt requested, or served in person by the CEO.
A.
When the actions in § 230-1604 do not result in the correction or abatement of the violation or nuisance condition, the CEO is hereby authorized to institute 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. City officers, or their authorized agents, 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 there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized City official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety, or will result in substantial environmental damage.
B.
Any person, including, but not limited to, a landowner, a landowner's
agent, or a contractor, who orders or conducts any activity in violation
of this chapter shall be penalized in accordance with 30-A M.R.S.A
§ 4452, with fines of not less than $100 nor more than those
amounts set forth in 30-A M.R.S.A § 4452. Each day may constitute
a separate offense.
