It shall be the duty of the Code Enforcement
Officer of the Town of Wells to enforce the provisions of this chapter.
If the Code Enforcement Officer shall find that any of the provisions
of this chapter are being violated, he shall notify in writing the
person responsible for such violation, indicating the nature of the
violation and ordering the action necessary to correct it. He shall
order the discontinuance of illegal use of land, buildings or structures;
the removal of illegal buildings or structures or of additions, alterations
or structural changes thereto; the discontinuance of any illegal work
being done; or he shall take any other action authorized by this chapter
to ensure compliance with or to prevent violation of its provisions.
A.
Building permits required. No building or other structure
shall be erected, moved or enlarged in area (including gross floor
area) or volume without a permit issued by the Code Enforcement Officer.
No building permit shall be issued except in conformity with the provisions
of this chapter, a valid plan approved by the appropriate reviewing
authority as determined by the Reviewing Authority Chart, or except
after written order from the Zoning Board of Appeals. A building permit
shall not be required for normal maintenance activities and alterations
not requiring structural changes.
[Amended 6-12-2012]
B.
Permit application. When the floor area of a building(s)
on a lot is proposed to be constructed or increased, the application
for a building permit by an owner or his authorized agent shall be
accompanied by plans, drawn to scale, showing the actual dimensions
and shape of the lot to be built upon; the exact sizes and locations
on the lot of buildings already existing, if any; and the location
and dimensions of the proposed building or alteration. If a proposed
building or a building being expanded contains plumbing, the proposed
sewage disposal system as designed by a licensed site evaluator or
as permitted by the Wells Sanitary District shall be required as part
of the permit application. The application shall include the existing
and proposed uses of buildings and structures and such other information
as lawfully may be required by the Code Enforcement Officer to determine
conformance with and provide for the enforcement of this chapter.
C.
Approval or denial of permit.
(1)
Upon receipt of a properly prepared application, the
Code Enforcement Officer shall have 10 business days to approve, deny
or act upon, in writing, the application for a building permit. No
permit shall be issued for construction requiring site plan approval
until the Code Enforcement Officer has received a site plan signed
by the designated reviewing authority. A written denial of any application
shall state the reasons for denial. Noncompliance with other local,
state or federal regulations may be reason for a denial. Failure of
the Code Enforcement Officer to issue a written decision on any application
for a building permit within 10 business days from the date of filing
of such application shall constitute denial of such application.
(3)
Prior to the issuance of a building permit, a permit
fee as established by the Board of Selectmen following notice and
a public hearing shall be paid to the Office of Planning and Development.
[Amended 4-26-1996]
D.
Building permit card. Upon issuance of the permit,
a building permit card shall be issued. This card shall be displayed
on the subject lot within 24 hours of the issuance of the building
permit and within 50 feet of the lot line abutting the street right-of-way.
The card shall be posted in a manner clearly visible from the street
and shall remain until construction is completed. Construction performed
without display of this card will automatically revoke the permit.
[Amended 4-19-1997]
E.
Start and completion of construction. If the work
authorized by the building permit is not substantially started within
24 months nor substantially completed within 36 months of the issuance
of the permit, the permit shall lapse and be void. A permit shall
remain in effect even if the proposed activity authorized by the permit
is made nonconforming by an amendment to this chapter during the permit
period unless the amendment explicitly states otherwise. The Code
Enforcement Officer may extend a permit (not to exceed 12 months)
if the proposed work is permitted by this chapter at the time the
extension is requested. Any such extension shall be requested in writing
before the expiration of the original permit and shall be granted
in written form by the Code Enforcement Officer.
[Amended 11-7-2006]
F.
The Code Enforcement Officer shall maintain a permanent
public record of all building permit applications.
[Amended 4-26-1996; 6-13-2017]
A.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building or premises, or both, or part thereof hereafter created,
erected, changed, converted or wholly or partially altered or enlarged
in its use until a certificate of occupancy is issued by the Code
Enforcement Officer. No certificate of occupancy shall be issued unless
the proposed use of the building(s) or land conforms to the requirements
of this chapter and/or to an approved site plan, if required for the
proposed use.
B.
A temporary certificate of occupancy may be issued by the Code Enforcement
Officer for six months during construction or alteration for partial
occupancy of a building or lot pending the completion of construction
or development, provided that the temporary certificate of occupancy
may require conditions and safeguards to ensure the safety of the
occupants and the public and that the applicant remains in compliance
with the terms of the building permit or approved site plan.
C.
The Code Enforcement Officer shall maintain a permanent public record
of all certificates of occupancy.
D.
Failure to obtain a required certificate of occupancy shall be a
violation of this chapter.
E.
Upon completion of construction, the applicant, or his/her authorized
agent, must arrange for a final inspection to ensure that all construction
is consistent with the approved building permit. Noncompliance with
the approved building permit or with other local, state or federal
regulations may be reason for not granting a certificate of occupancy.
[Amended 4-19-1997; 4-18-1998; 11-6-2012]
A.
When a violation of any provision of this chapter
shall be found, the Code Enforcement Officer shall send a written
notice of the violation to the responsible party or parties and shall
also notify the Board of Selectmen of the violation.
B.
If the notice does not result in the correction of
the violation, the Board of Selectmen is directed to institute any
and all actions and proceedings, either legal or equitable, including
seeking injunctions of violations and the imposition of civil penalties,
that may be appropriate or necessary to enforce the provisions of
this chapter in the name of the municipality. The Board of Selectmen,
or its authorized agent, is authorized to enter into administrative
consent orders to eliminate violations and to collect civil penalties
without court action. Such agreements shall not allow an illegal structure
or use to continue unless there is no evidence that the owner knowingly
violated the provisions of this chapter.
[Amended 4-16-1999]
Any person, firm or corporation, including but not limited to a landowner, his agent or a contractor, who or which orders or conducts any activity in violation of the provisions of this chapter shall be penalized as set forth in 30-A M.R.S.A. § 4452, except that the penalty for any person, firm or corporation who or which violates any provision of § 145-45 of this chapter shall not exceed $1,000 for the first offense.
