Chapter 4
4-101
Administration and Enforcement
4-101.1
A.
Building or Use Permit Required
Prior to construction of a building exceeding one hundred (100) square feet in floor area or the
initiation of any use covered in Chapter 6 or changing the size or shape of an existing building, a
Building or Use Permit shall be required. The provisions of this Chapter shall apply to new
constructions, manufactured homes set up after March 7, 1990, additions and relocation of any
dwelling or part thereof, and swimming pools.
1.
This Chapter shall be administered by the Building Inspector/Code Enforcement Officer
who shall be appointed by the municipal officers.
2.
The Building Inspector/Code Enforcement Officer shall inspect all buildings being
constructed or relocated that require a permit under this Ordinance for the purpose of
enforcing the provisions of this Ordinance and all other local and State laws governing the
construction of buildings.
3.
The Building Inspector/ Code Enforcement Officer, or his or her assistant, in performance
of his or her duties, may enter any building for the purpose of making the inspection
required by this Ordinance
B.
The application for the permit shall be in writing and shall be made in such form as the Building
Inspector/Code Enforcement shall prescribe, and shall contain a description of the proposed new
or relocated building. For any permit that involves plumbing and/or the installation of a
subsurface wastewater disposal system a valid Plumbing Permit issued by the Local Plumbing
Inspector must accompany the application. The soil evaluation test must meet the requirements
of the State of Maine Subsurface Wastewater Disposal Rules, and must be performed by a State
of Maine Licensed Soil Evaluator. No building permit for a dwelling shall be issued without soil
evaluation test. The application shall be filed with the Board of Assessors.
C.
No Building Permit or Change of Use Permit for a building or use shall be issued until the
proposed use or construction or alteration of a building complies in all respects with the provisions
of this Ordinance or with a decision rendered by the Board of Appeals or the Planning Board
pursuant to this Ordinance. Any application for such a permit shall be accompanied by a plan,
accurately drawn to scale, showing the actual shape and dimensions of the lot to be built upon,
the exact location and size of all buildings or structures already on the lot, the location of new
buildings to be constructed, together with the lines within which all buildings and structures are to
be constructed, the existing and intended use of each building or structure and such other
information as may be necessary to provide for the execution and enforcement of this Ordinance.
D.
No Building Permit or Change of Use Permit shall be issued without payment of applicable fees.
E.
Building Permits or Change of Use Permit shall only be issued to the owner of record or his or her
authorized agent.
F.
Within seven (7) days of the filing of a complete application for a Building Permit or Change of
Use Permit, the Building Inspector/Code Enforcement Officer shall approve, deny or refer the
applicant to the Planning Board. His or her decision shall be in writing on a form designated for
the purpose, and communicated directly to the applicant. One copy of the Building Inspector's
decision shall be filed in the Municipal Office.
G.
Applications for permits with their accompanying plans and Building Permit shall be maintained as
a permanent record by the Building Inspector. Application plans filed with the Planning Board
shall be maintained as a permanent record by the Planning Board and need not be maintained by
the Building Inspector/Code Enforcement Officer.
H.
A Building Permit or Change of Use Permit secured under the provisions of this Ordinance shall
expire if the work or change there under has not reached a substantial start within one (1) year of
the date on which the permit is granted, and if the work or change of use is not substantially
completed within two (2) years of the date on which the permit is granted.
I.
A public utility or any utility company of any kind may not 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 Ordinance, has been issued by the appropriate municipal
officials or other written arrangements have been made between the municipal officials and the
utility.
Chapter 4-1
4-101.2
Plumbing Permit Required
No Building Permit shall be issued for any structure or use involving the construction, installation or alteration
of plumbing facilities unless a valid State Plumbing Permit has been secured by the applicant or his or her
authorized agent.
4-101.3
A.
Occupancy Permit Required
Occupancy Permit Required: No newly constructed, placed, relocated, enlarged, or renovated structure
or use, shall be occupied or used until an Occupancy Permit has been issued by the Building
Inspector/Code Enforcement Officer in accordance with the following.
1.
Within five (5) working days of the receipt of a request of an Occupancy Permit, the Building
Inspector/Code Enforcement Officer shall inspect the property, structure and/or use to determine
that the work is Substantially Complete and that it is in compliance with (a) a Building Permit, (b)
Chapter 9 of this ordinance or the Land Use Ordinance that was in effect at the time the permit
was issued, and (c) any Code Enforcement Officer or Planning Board approval granted under this
ordinance or the Land Use Ordinance that was in effect at the time the permit was issued, as
applicable. The Building Inspector/Code Enforcement Officer shall also determine that an
adequate means of sewage and wastewater disposal has been provided and that the subsurface
wastewater disposal system, if required, has been installed, inspected and approved by the Local
Plumbing Inspector.
2.
Upon finding compliance with the requirements of 1 above, the Building Inspector/Code
Enforcement Officer shall issue an Occupancy Permit.
3.
Nothing in this section shall preclude the occupancy of an existing dwelling unit or structure from
habitation or use during renovation, alteration, or enlargement, provided, in the case of a nonresidential unit, that the Building Inspector/Code Enforcement Officer finds that the work will not
create unsafe or unhealthy conditions for the owner, employees, or patrons of the use. Where a
building has been occupied or used during the period of work, the owner shall request the
Building Inspector and/or Code Enforcement Officer to inspect the work and issue an Occupancy
Permit upon completion of the work for which a permit or approval was obtained.
4-201
Violation, Enforcement and Fines
4-201.1
Violations and Enforcement
A.
The Code Enforcement Officer upon a finding that any provision of this Ordinance or the
condition(s) of a permit issued under this Ordinance is being violated is authorized to institute
legal proceedings to enjoin violations of this Ordinance. Any structure constructed or work
performed in violation of the provisions of this Ordinance shall be considered a nuisance.
B.
Enforcement Procedure
1.
Upon detecting a violation of this Ordinance the Code Enforcement Officer shall give oral
notice to the violator informing the violator of the nature of the violation and the steps
necessary to correct it. Should the Code Enforcement Officer not be able to give oral notice
a stop work order shall be posted.
2.
Within twenty-four (24) hours of oral notice of a violation or the posting of a stop work order
the Code Enforcement Officer shall send a written notice, to the violator and the landowner
should the land owner be different from the violator, by certified mail return receipt
requested. The notice shall include reference to the oral notice, a description of the
violation, the ordinance provision(s) being violated, corrective measures to be undertaken,
a deadline for complying with corrective measures, penalties and appeal procedures.
3.
Should after inspection of the property in violation reveal that the actions specified in the
first notice of violation have not been undertaken the Code Enforcement Office shall send
a second written notice, to the violator and the landowner should the land owner be
different from the violator, by certified mail return receipt requested. This notice shall state
that the Code Enforcement Officer gave previous notice of the violation(s) and the date of
the notice, a description of the violation, the ordinance provision(s) being violated, that the
Code Enforcement Officer has inspected the property and the violation(s) still exist, that
Chapter 4-2
corrective measures to be undertaken, a deadline for complying with corrective measures
and if the violation continues after that date the Selectmen will be notified with a
recommendation of legal action.
C
Consent Agreements
The Municipal Officers, or their authorized agent, are hereby authorized to enter into
administrative consent agreements for the purpose of eliminating violations of this Ordinance and
collecting fines without court action. Consent agreements shall, when appropriate, include a
corrective action and fine.
D
1.
Corrective actions, when appropriate, shall include applying for an after the fact permit or
approval as the case may be, remedial action to comply with the standard or standards that
have been violated, or other corrective measures to minimize the negative impacts of the
violation.
2.
Monetary fines shall be based upon the severity of the violation in relation to public health,
safety and welfare and the violator’s assumed knowledge of the ordinance, standard or
approval violated.
a.
A fine up to $500.00 may be imposed for those violations that have minimal impact
on the public health, safety and welfare and/or the violator could reasonably be
expected to not be aware of the ordinance or standard violated.
b.
A fine of up to $2,500 may be imposed for those violations that have a significant
impact on the public health, safety and welfare and/or the violator could reasonably
be expected to be aware of the ordinance, permit or standard violated.
Legal Actions
When the above action does not result in the complete correction or abatement of the violation or
nuisance condition, the Municipal Officers, upon notice from the Code Enforcement Officer, are
hereby directed to institute any and all actions and proceedings, either legal or equitable,
including seeking injunctions of violations and imposition of fines, that may be appropriate or
necessary to enforce the provisions of this Ordinance in the name of the municipality.
E.
Fines
A person including but not limited to a landowner, a landowner’s agent or a contractor who orders
or conducts an activity that violates the provisions of this Ordinance or the condition(s) of a permit
shall be guilty of a civil violation and on conviction shall be fined based on the fines, penalties and
costs imposed by 30-A, M.R.S.A., ss 4452. Each day that such violation continues shall
constitute a separate violation. Such persons shall also be liable for court costs and reasonable
attorney fees incurred by the municipality. A person including but not limited to a landowner, a
landowner’s agent or a contractor failing to obtain a Building Permit prior to the start of
construction shall be subject to the above fines.
AMENDED: March 7, 2009
Chapter 4-3