[Amended 11-2-2004]
Any violation of this chapter shall be deemed
to be a nuisance. Failure to comply with the terms and conditions
of any permit or approval granted under this chapter shall be a violation
of this chapter.
[Amended 11-5-1991]
A.
Authority. The Code Enforcement Officer shall be appointed
or reappointed annually by July 1 and, if certified in accordance
with 30-A M.R.S.A. § 4451, shall have all of the powers and authorities
described in 30-A M.R.S.A. § 4452, as the same may be amended.
[Amended 11-2-2004]
B.
Enforcement and notice of violation. The Code Enforcement
Officer shall enforce the provisions of this chapter and the terms
and conditions of any permit or approval granted under this chapter,
including approvals from the Planning Board, the Design Review Board,
the Board of Appeals, the Planning Department and the Code Enforcement
Officer. If, after investigation, the Code Enforcement Officer finds
that any provision of this chapter or any term or condition of any
permit or approval granted under this chapter is being violated, he/she
shall give written notice by certified mail, return receipt requested,
of such violation to the owner and to the occupant of such premises,
and to any other person responsible for such violation, indicating
the nature of the violation and ordering that 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, be taken within
some designated reasonable time. A copy of such notice shall be submitted
to the Town Council and shall be maintained as a permanent record.
[Amended 11-2-2004]
C.
Inspection and investigation. The Code Enforcement
Officer shall conduct on-site inspections to ensure compliance with
all applicable laws and all terms and conditions attached to permits
and approvals under this chapter (including subdivision approvals).
The Code Enforcement Officer shall also investigate all complaints
of alleged violations of this chapter.
[Amended 11-2-2004]
D.
Records. The Code Enforcement Officer shall keep a
complete record of all essential transactions of the office, including
applications submitted, permits granted or denied, variances granted
or denied by the Board of Appeals, revocation actions, revocation
of permits, appeals, court actions, violations investigated, violations
found, and fees collected. On an annual basis, a summary of this record
shall be submitted to the Director of the Bureau of Land and Water
Quality within the Department of Environmental Protection.
A.
Actions and consent agreements.
[Amended 11-5-1991]
(1)
If, after notice given pursuant to § 125-100B, the violation or nuisance condition is not abated or corrected within the specified time, the Code Enforcement Officer shall report same to the Town Council. The Code Enforcement Officer's report shall indicate the additional enforcement actions that he/she intends to take and whether the Town Attorney has been consulted or will subsequently be involved. At its next meeting, the Town Council shall vote to accept the Code Enforcement Officer's report. The Town Council shall not entertain comment from the person alleged to have violated this chapter nor shall it take any evidence relating to whether a violation has in fact occurred.
[Amended 5-4-1998]
(2)
The Town Council or its authorized agent is 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 in a shoreland district 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
municipal 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.
Fines and penalties.
(1)
Any person who conveys, offers or agrees to convey
any land in a subdivision which has not been approved as required
by this chapter or who violates any term or condition of an approval
from the Planning Board, Design Review Board, Board of Appeals, Planning
Department or Code Enforcement Officer or who continues to violate
any other provision of this chapter after receiving notice of such
violation shall be subject to such fines, penalties, actions and orders
as are authorized by 30-A M.R.S.A. § 4452, as same may be
amended. A fine or penalty may be imposed for each violation. Each
day of violation after notification shall constitute a separate offense
with respect to each violation.
[Amended 11-5-1991; 11-2-2004]
(2)
Any contractor involved in any activity regulated
by the provisions of this chapter may be held liable for fines for
violating this chapter if the necessary permits for said activity
have not been obtained.
[Amended 11-5-1991]
(3)
Any person, including, but limited to, a landowner,
the landowner's agent, tenant, contractor or seller at a farmers'
market, who violates any provision of this chapter shall be liable
for the penalties set forth herein.
[Added 3-24-1998]
C.
Suspension or revocation of approvals or permits.
(1)
The Code Enforcement Officer may suspend an approval
or permit if:
(a)
It was granted on incomplete or false information;
(b)
Continuation of the land use activity authorized
would result in the violation of federal or state law or local ordinances;
(c)
The continuation of the land use activity authorized
is endangering or may endanger the safety or general welfare of the
community during the construction or work for which the approval or
permit was granted;
(d)
The applicant or his/her agent is exceeding
the scope of the work for which the permit was issued;
(e)
The Code Enforcement Officer determines that
he/ she is unable to rule on the continued validity of an approval
or permit, in which case he/she shall suspend the approval or permit,
without penalty, and require the holder to file an appeal.
(f)
The Code Enforcement Officer determines that
any term or condition of an approval by the Planning Board, the Design
Review Board, the Board of Appeals, the Planning Department or the
Code Enforcement Officer has not been met.
[Added 11-2-2004]
(2)
The Code Enforcement Officer shall suspend an approval
or permit by furnishing to the applicant a written notice of suspension
stating:
(3)
A suspension shall cease when the Code Enforcement
Officer certifies that the violation or potential violation ceases
to exist. When a cause for suspension has been removed or corrected,
the Code Enforcement Officer shall so certify, in writing, and state:
(4)
If, within the time specified in a notice of suspension
for correction, the violation has not been corrected or removed, the
Code Enforcement Officer shall revoke the approval or permit by furnishing
to the applicant a written notice of revocation setting forth the
reasons therefor.
(5)
During the period of a suspension or revocation, no
work shall continue on a project for which an approval or permit was
granted except in the interests of public safety and protection of
the property in place at the time of revocation, such work having
the written approval of the Code Enforcement Officer. No such work
for which an approval or permit has been revoked shall be resumed
until and unless a new approval or permit is obtained by the applicant.
D.
Attorneys' fees and costs. An applicant shall pay
to the Town all attorneys' fees, court costs and out-of-pocket expenses
incurred by the Town in any enforcement action undertaken to correct
the applicant's violation of this chapter.
