The purpose of this article is to provide an enforcement mechanism
for any and all ordinances duly adopted within the Town of Camden,
which do not therein delegate a specific enforcement authority to
issue notice of violation letters and subsequently prosecute ordinance
violations.
This article shall be effective upon adoption of the voters
of the Town of Camden.
The monetary civil penalties for violations of any ordinance
of the Town of Camden, which does not already specifically include
a monetary penalty for violations therein, shall be as follows:
A. For
violations of the terms and conditions of any such ordinance there
shall be a $100 minimum penalty and the maximum penalty shall be $2,500,
with each day being a separate and distinct violation. Penalties shall
accrue commencing three days after the date of issuance of a notice
of violation from the office of the Code Enforcement Officer. Said
notice shall be sent by regular mail at the last known address of
the offender on file with the Town of Camden, or in hand, or by certified
mail, return receipt requested.
B. In
addition to the penalties provided herein, the Town of Camden, through
its duly appointed representative and/or the Town Attorney, may bring
an action in the Superior Court or the District Court to enjoin violations
of all ordinances of the Town of Camden, for collection of penalties,
and for such other relief as may be provided by law, including Title
30-A § 4452, as amended from time to time.
C. As an alternative, in part or in whole, to the penalty provisions as described in Subsection
A, the Town and violator may negotiate a community service penalty and request the Court to issue an order of community service after agreement of the parties.
If any section, sentence, clause, phrase, or portion of this
article is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portions.
Whenever the regulations of this article conflict with those
of another ordinance or regulation, the specific terms in any other
ordinance shall control over the terms of this article.
Pursuant to 30-A M.R.S.A. § 3004 and Section
2.17 of the Charter of the Town of Camden, the ordinances of the Town of Camden of a general and permanent nature adopted by the Town Meeting and Select Board of the Town of Camden, as revised and codified and consisting of Chapters
1 through
290, are hereby approved, adopted, ordained and enacted as the Code of the Town of Camden, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments.
The Clerk of the Town of Camden shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with the filing of the Code in the office of the Town Clerk as provided in §
1-8 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and of the Code and every part
of each section is an independent section or part of a section, and
the holding of any section or a part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
The repeal of ordinances provided for in §
1-11 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any right
or liability established, accrued or incurred under any legislative
provision of the Town of Camden prior to the effective date of this
ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B. Any offense
or act committed or done before the effective date of this ordinance
in violation of any legislative provision of the Town of Camden or
any penalty, punishment or forfeiture which may result therefrom.
C. Any prosecution,
indictment, action, suit or other proceeding pending or any judgment
rendered prior to the effective date of this ordinance brought pursuant
to any legislative provision of the Town of Camden.
D. Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Camden.
E. Any ordinance
of the Town of Camden providing for the laying out, opening, altering,
widening, relocating, straightening, establishing grade, changing
name, improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place within the Town
of Camden or any portion thereof.
F. Any ordinance
of the Town of Camden appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond of the Town of Camden or other instruments or
evidence of the Town's indebtedness.
G. Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract or obligation.
H. The levy
or imposition of special assessments or charges.
I. The annexation
or dedication of property or approval of preliminary or final subdivision
plats or site plans.
J. Any ordinances
adopting or amending a zoning map or otherwise rezoning property.
K. Any ordinances
relating to salaries or personnel policies.
L. The General
Assistance Ordinance and all amendments thereto.
M. Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the Town.
N. Any ordinances
adopted subsequent to June 14, 2022.
In preparing the revision and codification of the ordinances
pursuant to 30-A M.R.S.A. § 3004, certain minor grammatical
and nonsubstantive changes were made in one or more of said ordinances.
It is the intention of the Select Board that all such changes be adopted
as part of the Code as if the ordinances so changed had been formally
amended to read as such.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Town of Camden to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in Chapter
1, Article
I, Enforcement and Penalties, of the Code.
This ordinance shall take effect seven days after adoption as provided in Section
2.14 of the Charter.