Article V Administration and Enforcement


Section 1. Administrative Official

The Code Enforcement Officer shall enforce this Ordinance, for which purpose he shall establish reasonable procedures. He shall have all of the duties, responsibilities and powers set forth in state statute or local ordinance, including but not limited to the power to issue "stop work" orders, notices of violation of the Ordinance and orders to cease violations, or similar notices in the execution of his duties and the authority to revoke building permits as a result of violations of the Zoning Ordinance by the permittee, noncompliance with the building permit, or other sufficient cause under the Zoning Ordinance. He shall keep all activities within the jurisdiction of this Ordinance under surveillance. He shall examine all applications for permits or other actions under this Ordinance and within sixty (60) days from the receipt of such application grant building and/or use permits to those applications acceptable according to the terms of this Ordinance, or issue a denial in writing with reasons therefore to those applications which are violations of this Ordinance or do not otherwise conform to the terms of this Ordinance. The Code Enforcement Officer shall cause to be published in a local newspaper and posted in the Town Office a short summary of each building permit granted by his office within 15 days of issuance. The Code Enforcement Officer shall keep records of his proceedings and such records shall be made public. He shall institute or cause to be instituted in the name of the Town any actions that might be appropriate for the enforcement of this Ordinance and for prosecutions of violations of this Ordinance. He shall report to the Town Manager any changes that might be needed in the Ordinance and prepare a file for review by the Selectmen and Planning Board for future action. He shall follow up all building and/or use permits to ascertain compliance with any conditions or restrictions imposed on the permittee by the Code Enforcement Officer, Planning Board, or the Zoning Board of Appeals. The action of the Code Enforcement Officer in issuing a "stop work" order, notices of violations, or similar notices, and the action of the Code Enforcement Officer in revoking building permits, shall be appealable to the Zoning Board of Appeals by an aggrieved person or party within fifteen (15) days after the date of receipt of notice of such action by the aggrieved person or party. All other appeals to the Code Enforcement Officer shall conform with the time periods set forth in Article V, Section 5 of this Zoning Ordinance. Upon appointment by the Board of Selectmen, the Alternate Code Enforcement Officer shall have all the duties, responsibilities and authority of the Code Enforcement Officer.

Section 2. Permits Required

None of the following actions shall be taken until the Code Enforcement Officer has issued a building and/or use permit certifying that the plans of an intended use of the land or building are in conformity with this Ordinance. Said permit shall be posted on site in a manner that is visible from a public way within seven working days of issuance. In addition to the actions identified below, this Ordinance applies to any other actions which do not require a building or use permit.

(1) Construction, enlargement, alteration, demolition, or moving of any building or structure, including temporary structures, when the fair and reasonable value of such labor and materials used exceeds $2,000.00 cumulatively within a 12-month period. Although no permit is required, if the fair and reasonable value of said labor and materials used is equal to or less than $2,000.00 cumulatively within a 12-month period, said construction, enlargement, alteration, demolition, or moving of any building or structure must still comply with all the provisions of this Ordinance.

(2) Change of use, including but not limited to the establishment of a new use in a vacant structure or of a home occupation. Such change of use shall also require inspection of the premises for compliance with State Fire, Electrical, and Plumbing Codes.

(3) Change of exterior dimensions and/or illumination of an existing sign.

(4) Extraction of mineral resources.

(5) Excavation or filling of land causing the removal or filling of earth in volumes exceeding one hundred (100) cubic yards in a period of one (1) year.

(6) The provision, whether by fee simple ownership, lease, or other agreement, of off-street parking spaces located on a different lot other than the principal building or use in order to comply with the off-street parking requirements of this Ordinance.

Permits issued under (2) and (6) above are exempt from the posting requirement.

Section 3. Exclusions from Permitting

The following activities are excluded from permitting: re-roofing an existing structure, repair of masonry, including chimneys, re-siding existing structures with like siding; painting; and landscaping activities not part of projects or developments requiring site plan review.

Section 4. Certificate of Compliance

(1) This Section shall apply to all activities requiring a building permit, excluding alterations and renovations to single family and two-family dwellings.

(2) Except as provided in paragraph (1) of this Section, it shall be unlawful to use or occupy or permit the use or occupancy of any land, building, structure or part thereof which is created, erected, moved, changed, converted, altered or enlarged, or to change, alter or enlarge the use of any land, building, or structure for which a building permit is required until a certificate of compliance is issued therefor by the Code Enforcement Officer and endorsed to the effect that the proposed use of the land, building, or structure conforms with the requirements of this Ordinance and with applicable state statutes governing plumbing permits and electrical permits.

(3) An applicant shall apply for a certificate of compliance at the same time as applying for a building permit. After completion of the work permitted by the building permit, the applicant shall notify the Code Enforcement Officer, who shall issue or deny the certificate of compliance within fifteen days. The Code Enforcement Officer's failure to act within fifteen days shall constitute denial of the certificate of compliance. The Code Enforcement Officer shall issue the certificate of compliance only upon finding that the building, structure, or site and the use or occupancy thereof comply with the provisions of this Ordinance and of any building permit issued, and of any site plan or subdivision plan approved by the Planning Board or Zoning Board of Appeals. The Code Enforcement Officer shall maintain a public record of all certificates of compliance which are issued.

(4) One conditional certificate of compliance, valid for no more than six (6) months from the date of issuance may be granted by the Code Enforcement Officer based on a showing of reasonable need by the applicant. Once the project is completed, the CEO shall issue a Certificate of Compliance.

Section 5. Fee and Time Limits

(1) Application shall be in writing on forms provided by the Code Enforcement Officer and account for all aspects to which this Ordinance applies. Building permits are valid for six (6) months for the beginning of construction or use and for two (2) years for the completion of construction, including finish grading, landscaping, proper backfill, proper drainage, and all other things to cause the construction, renovation, or change to look presentable. An extension of time for six months to commence or to complete may be granted upon application to and approval by the Code Enforcement Officer, upon a showing by the applicant of reasonable need, unless the zoning ordinance requirements had been changed after the issuance and receipt of the original permit, in which case the request for extension may be granted only upon application to and approval by the Zoning Board of Appeals. A fee schedule for building or use permits shall be established by the Selectmen annually and the Selectmen shall annually establish a fee for applications for building and/or use permits that are filed by the applicant after the commencement of the activity for which the permit is required, such fee to be greater than the fee for an application that was filed in a timely manner.

(2) Administrative appeals to the Zoning Board of Appeals from an action of the Code Enforcement Officer in issuing or denying building permits or certificates of compliance shall be made within sixty (60) days of the date of such action or non-action by the Code Enforcement Officer. Failure of the Code Enforcement Officer to act upon a request for action, except for an application for a certificate of compliance, or upon an application for a building permit and/or use permit within sixty (60) days of the date of receipt of such application by the Code Enforcement Officer shall constitute denial of that request or application. The Zoning Board of Appeals shall have no authority to decide an appeal or to accept any appeal which has not been made within such sixty-day (60-day) period.

Section 6. Penalties

The monetary penalties for violations of this Ordinance shall be as follows:

(1) The minimum penalty for starting construction or undertaking land use activity without a required permit shall be $100, and the maximum penalty shall be $2,500 per day.

(2) If a required permit is not displayed within seven (7) days of issuance, it shall become null and void, and fees are not refundable.

(3) The minimum penalty for any other specific violation shall be $100 and the maximum penalty shall be $2,500 per day.

In all other respects, assessments of penalties under this Ordinance shall be in accordance with Title 30-A, Maine Revised Statutes Annotated, Section 4452. Assessment of penalties shall commence 48 hours after the date of a certified mailing of a notice of violation signed by the Code Enforcement Officer to the person or party in violation of this Ordinance. Such notice shall be mailed with return receipt requested to the last known address of the person or party in violation of this Ordinance. Return of the receipt indicating that the notice was undeliverable as addressed or otherwise not delivered to the person or party in question shall not in any respect invalidate enforcement of this Ordinance or any penalties for violations thereof. In addition to penalties provided herein, the Town may bring an action in the Superior Court or District Court to enjoin violations of this Ordinance, for collection of penalties, and for such other relief as by law may be provided.