Town of Boothbay Harbor, ME Article II Administration and Enforcement

§ 170-10 Administering bodies.

A. Code Enforcement Officer.

(1) Following the Annual Town Meeting, the Board of Selectmen shall appoint a person or persons to the position of Code Enforcement Officer and Deputy Code Enforcement Officer who shall have the duty of administering this Land Use Code. The Code Enforcement Officer shall also perform additional duties as assigned by the Selectmen or the Town Manager.

[Amended 6-13-2007 by STM Art. 20]

(2) No building permit or certificate of occupancy shall be issued by the Code Enforcement Officer except in compliance with the provisions of this Land Use Code.

(3) The Code Enforcement Officer shall have the following authority and duties, among others, in enforcing this Code:

(a) Examine preliminary plans.

(b) Act upon all applications and collect any fees due; refer/process all applications as required.

(c) Inspect sites where building permits have been issued to ensure compliance with all local, state and federal laws, codes and/or ordinances. Keep all activities within the jurisdiction of these laws/ordinances under surveillance at all times.

(d) Investigate complaints and reported violations.

(e) Keep written inspection reports and thorough records.

(f) Issue violation notices.

(g) Participate in appeals procedures.

(h) Process or act on consent agreements involving violations of this Land Use Code or appear in court when necessary.

(i) Offer advice and opinions to citizens upon request.

(j) Attend meetings of the Planning Board and Board of Appeals.

(4) When there is a question concerning the interpretation of this Land Use Code, the Code Enforcement Officer may refer the matter to the Board of Appeals for interpretation.

B. Planning Board.

(1) The Boothbay Harbor Planning Board shall be responsible for reviewing and acting upon applications for site plan review approval in accordance with the provisions of Article V of this Land Use Code. Following site plan review approval, the applicant shall return to the Code Enforcement Officer for building and other permits.

(2) The Planning Board shall also review subdivision applications in accordance with the provisions of Article IX of this Land Use Code. Following subdivision approval, the applicant shall return to the Code Enforcement Officer for any building or land use permits.

C. Board of Appeals. The Board of Appeals shall be responsible for deciding administrative and variance appeals in accordance with the requirements of Article X of this Land Use Code. Following the issuance of any decision favorable to the applicant, the applicant shall return to the Code Enforcement Officer for building and other permits.

§ 170-11 Permits required from Code Enforcement Officer.

A permit from the Code Enforcement Officer shall be required before beginning or undertaking any of the following activities:

A. Building or construction.

(1) No person shall erect, locate, construct, enlarge, alter, remove, repair, demolish, convert or change use or occupancy of any building or structure or cause the same to be done or initiate construction costing or having a value of more than $500 without first paying a fee to the Town of Boothbay Harbor and obtaining a permit from the Code Enforcement Officer. Construction cost/value shall include site work, waste disposal (septic), foundation, materials and labor. To determine the cost of labor when the applicant is performing his or her own labor, labor shall be equal to the cost/value of the materials. No permit shall be required for the replacement of siding, roof shingles, or the replacement of doors or windows that are installed in the existing or smaller opening requiring no structural work.

[Amended 5-5-2003 by ATM Art. 20; 5-2-2009 by ATM Art. 86]

(2) All applications for such permits shall be to the Code Enforcement Officer and shall be accompanied by a plan, showing the shape and dimensions of the lot, the location, size and use of existing structures and the location, size and use of proposed structures. An application shall be accompanied by a plumbing permit, where required, a building permit fee in accordance with the provisions of Article II, § 170-18, and any other information as may be necessary to provide for the execution and enforcement of this Land Use Code. The application shall be signed by the applicant or his/her agent.

(3) Any alteration or deviation, change or addition in the original design, construction or layout of the subject repair area/location of a permit will cause a violation to this Land Use Code.

(4) If a proposed deck is to be constructed within any required side or rear yard setbacks, written acknowledgment of the proposed construction shall be required from both the subject property owner and the abutting property owner. This acknowledgment shall be placed in the permanent file of the subject property before any permit is issued under this exception.

(5) No building permit shall be issued if it is known, alleged or suspected that a violation exists with or on any subject land, lot or structure(s), except that a permit may be issued to correct a violation as required.

(6) All applications for building permits must be advertised by the Code Enforcement Officer for seven days in the local newspaper to allow for public comment.

[Amended 5-5-2003 by ATM Art. 20]

B. Activities listed in the Schedule of Land Uses. No person shall commence any activity listed in Article III, Zoning Districts, Schedule of Uses, § 170-27, requiring a permit from the Code Enforcement Officer without first obtaining such permit.

C. Site plan review approvals. No person shall commence any activity, for which an application has been submitted to and approved by the Boothbay Harbor Planning Board under the provisions of Article V, site plan approval, without a building permit from the Code Enforcement Officer. The Code Enforcement Officer shall not issue a building permit for an activity which is part of a site or project requiring site plan review until such approval has been granted by the Planning Board.

D. Floodplain management activities. No person shall commence an activity listed in Article VII, Floodplain Management, requiring a permit from the Code Enforcement Officer until such permit has been issued in accordance with the provisions of Article VII.

E. No person shall perform any internal plumbing work without first obtaining an internal plumbing permit from the Local Plumbing Inspector pursuant to the current addition of the Maine State Internal Plumbing Code. The fees for said permit shall be as per the Town's fee schedule. After-the-fact or in-progress permit fees shall be in accordance with the Town’s approved fee schedule.

[Added 5-1-2006 by ATM Art. 81; amended 5-3-2013 by ATM Art. 23]

F. No person shall perform any work on a subsurface wastewater disposal system without first obtaining a permit from the Local Plumbing Inspector pursuant to the current addition of the Maine Subsurface Waste Water Disposal Rules. The fees for said permit shall be as per the Town's fee schedule. After-the-fact or in-progress permit fees shall be in accordance with the Town’s approved fee schedule.

[Added 5-1-2006 by ATM Art. 81; amended 5-3-2013 by ATM Art. 24]

§ 170-12 Permit application procedure.

A. Application. All applications for a permit shall be submitted in writing to the Code Enforcement Officer on forms provided for the purpose. All applications shall be signed by the owner or owners of the property or other person(s) authorizing the work, certifying that the information in the application is complete and correct. The applicant shall submit proof of right, title or interest in the property. If the person signing the application is not the owner or lessee of the property, then that person shall submit a letter of authorization from the owner or lessee.

B. Submissions. Unless otherwise requested, there shall be submitted with all applications a layout or plot plan drawn to scale showing:

(1) The actual dimensions of the lot to be built upon.

(2) The location and size of all buildings, structures and other significant features currently existing on the lot, and all areas subject to shoreland zoning, the Resource Protection District and shoreland setbacks; and all water bodies and wetlands within 250 feet of the property boundaries.

(3) The exact size and location on the lot of the buildings and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this Land Use Code.

(4) The existing and intended use of each building or structure.

(5) Where applicable, the location of soils test pits, subsurface sewage disposal systems, site drainage, parking lots, driveways, signs, buffer strips, fences and private wells.

(6) Such other information as may be reasonably required by the Code Enforcement Officer to provide for the administration and enforcement of this Land Use Code.

C. Burden of proof. The applicant shall have the burden of proving that a proposal land use activity is in conformity with the provisions of this Land Use Code.

§ 170-13 Processing of application.

Within 10 days of the date of receipt of a complete application for a permit, the Code Enforcement Officer shall examine such application and physically examine the premises to determine whether or not the proposed building, structure or use would be in compliance with this Land Use Code.

A. Referrals. All applications which require action from the Board of Appeals or which require approval by the Planning Board shall within such period of 30 days be referred to the applicable Board for action and public notice shall be given. After approval, with or without conditions, by such Board, the Code Enforcement Officer shall issue a building permit within five days after being notified of such approval.

B. Approvals or denials. In all other cases, the Code Enforcement Officer shall within such period of 10 days approve or deny such application for a building permit in accordance with whether or not such proposed building or structure complies with this Land Use Code.

C. Notification. The Code Enforcement Officer shall inform the applicant in writing of any action taken by him regarding the building permit application. If such application is rejected by the Code Enforcement Officer, such notice to the applicant shall contain a brief statement of the findings of the Code Enforcement Officer and the reasons for his rejection. No permit shall be issued except to the owner of record or his authorized agent.

§ 170-14 Expiration of permits.

[Amended 5-6-2002 by ATM Art. 20]

A. An issued building permit shall expire at midnight, 12 months after the date of issue unless the Code Enforcement Officer has determined that more than 1/2 (50%) of the structure has been completed; or a six-month extension may be issued by the Code Enforcement Officer so long as no physical changes in the permitted work have taken place, and that no changes are proposed. Such extension must be requested before the original expiration date of the subject building permit.

[Amended 5-3-2013 by ATM Art. 25]

B. A building permit shall expire in five years unless the Code Enforcement officer determines that it is 80% complete.

[Amended 5-3-2013 by ATM Art. 26]

C. An expired building permit cannot be reissued. A new application must be made/submitted to, and issued by, the present permitting authority. The new permit shall include any additional review or requirements that may then be required at the time of application.

D. Building permits are not transferable; however, in the event of a change of ownership of the property, a new owner of record may utilize and/or revise an existing, unexpired building permit upon payment of the minimum building permit fee(s) in accordance with the Town’s approved fee schedule.

[Added 5-6-2011 by ATM Art. 25; amended 5-3-2013 by ATM Art. 27]

§ 170-15 Revocation of permits.

A. Stop-work order. Should the Code Enforcement Officer find that information supplied to obtain a building permit is in error or the work permitted has been exceeded, the Code Enforcement Officer may issue a stop-work notice revoking the permit. This action shall be accomplished by means of a verbal notification to the applicant or working crew or by posting of a stop-work notice at the entrance to the site or attaching the notice to the structure itself. This action shall be followed up by a written notice of violation as required herein.

[Amended 6-20-2022 by ATM Art. 29]

B. Vested rights. Nonconforming use rights do not arise by the mere filing of a notice of intent to build, an application for a building permit or an application for required state permits and approvals. Such rights arise when actual substantial construction has begun or, in the case of pending applications, when the substantive review process to determine complete application commences. Such construction must be legal at the time it is commenced and the owner must be in possession of and in compliance with all validly issued permits, both state, federal and local.

§ 170-16 Requirements for structures to be occupied as residences.

[Amended 5-3-2013 by ATM Art. 28]

Structures which will be occupied as a residence must have their own internal plumbing connected to a domestic water supply and sewage disposal system conforming to the requirements of the State Plumbing Code. This is intended to eliminate the erection of structures which may create a safety hazard.

§ 170-17 Issuance of plumbing permit prior to building permit.

When plumbing or septic work is required to make a building habitable, no building permit shall be issued unless a plumbing permit has first been secured. All sewage and water connections for all types/systems for all structures and occupied mobile homes must comply with the regulations of the State Plumbing Code.

§ 170-18 Fees. [1]

A. Building permit[2] or Planning Board applications.

[Amended 6-13-2007 by STM Art. 21]

(1) With each building permit application or Planning Board application, a nonrefundable fee shall be charged to cover administrative and inspection costs, in accordance with a fee schedule adopted by the Board of Selectmen.

(2) Unless otherwise noted, and in addition to any other sureties, with each building permit application for a new or replacement structure or an addition to an existing structure within 50 feet of a public way, the applicant shall provide to the Town a sum of $250 to be placed in escrow for use in support of any unscheduled public safety cost incurred by the Town and caused by such work. The escrow shall be returned to the provider upon the exterior shell of the structure being in place and all road or street openings accomplished. See § 160-27.2. This requirement may be waived by the Code Enforcement Officer if the Code Enforcement Officer determines that, due to the nature of the proposed work, an escrow is not necessary.

[Amended 5-3-2013 by ATM Art. 29]

[2] Editor's Note: See Ch. 82, Building Construction.

B. Application fees for a building permit in which the work is in progress or the applicant starts before the issuance of the building permit shall be calculated using the Town's Fee Schedule.[3]

[Amended 5-2-2009 by ATM Art. 86]

[3] Editor's Note: Former Subsection C, which provided for after-the-fact permit fees, and former Subsection D, which provided regulations for disputed fees, both of which immediately followed this subsection, were repealed 6-13-2007 by STM Art. 22.

[1] Editor's Note: For provisions on the establishment of the Town’s Fee Schedule, see § 2-7B.

§ 170-19 Applicant responsibility.

A. Posting. The applicant shall conspicuously post any permit issued, on the lot where the activity will occur, at a location clearly visible from the street.

[Amended 5-3-2013 by ATM Art.30]

B. Appeals. Appeals from decisions of the Code Enforcement Officer may be taken to the Board of Appeals in accordance with the provisions of Article X of this Land Use Code.

§ 170-20 Enforcement.

A. Notice of violations. If the Code Enforcement Officer shall find that any of the provisions of this Land Use Code are being violated, s/he shall notify by certified mail and any other means possible, the person responsible for such violation, indicating the nature of the violation and the state/local regulations regarding fines, and order the action necessary to correct it. S/he may order discontinuance of illegal use of land, buildings, structures, additions, alterations or structural changes thereto or discontinuance of any illegal activity.

[Amended 6-20-2022 by ATM Art. 23]

B. Legal action. When the above action does not result in the correction or abatement of the violation or nuisance condition, the municipal officers are hereby directed to institute any and all 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 Land Use Code in the name of the municipality. The municipal officers or their authorized agent are hereby authorized to enter into an administrative consent agreement for the purpose of eliminating violations of this Land Use Code and recovering/ collecting fines due to the Town without court action.

C. Fines. Any person being the owner or occupant of or having control or use of any building, structure or premises, including any business, corporation, organization, or contractor, who violates a provision of this Land Use Code may be punished by a fine of not more than $2,500 and not less than $100 for each offense (Title 30-A, § 4452). Each day that such violation continues after notification shall constitute a separate offense. In the event that the Code Enforcement Officer gives a violator a specific period of time in which to correct such offense, the number of offenses shall be calculated from the date of original notification.

[Amended 6-20-2022 by ATM Art. 23]

D. Administrative consent agreement. Upon recommendation of the Town Attorney as to form and compliance with this Land Use Code, certain violations of this Land Use Code may be resolved by an administrative consent agreement executed by the violator and the Board of Selectmen. An administrative consent agreement shall require that:

(1) The violation will be corrected in all respects;

(2) The violator admits to the violation; and

(3) The violator pays an appropriate monetary penalty of not less than $100 and the town's legal costs.

E. Installation of public utility service in Shoreland Zone. No public utility, water district, sanitary district or any utility company of any kind may install services to any new structure located in the Shoreland Zone unless written authorization, attesting to the validity and currency of all local permits required under this or any previous code, has been issued by the appropriate municipal officials, indicating that installation has been approved.