Camden City Zoning Code

The Code Enforcement Officer shall enforce this chapter, 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 this chapter 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 this chapter and/or MUBEC by the permittee, noncompliance with the building permit, or other sufficient cause under this chapter and/or MUBEC. He shall keep all activities within the jurisdiction of this chapter under surveillance. He shall examine all applications for permits or other actions under this chapter and within 60 days from the receipt of such application grant building and/or use permits to those applications acceptable according to the terms of this chapter, or issue a denial in writing with reasons therefor to those applications which are in violation of this chapter or do not otherwise conform to the terms of this chapter. The Code Enforcement Officer shall cause to be posted in the Town office and on the Town website a monthly report of building permits within 15 days of the end of the month. 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 chapter and for prosecutions of violations of this chapter. He shall report to the Town Manager any changes that might be needed in this chapter 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 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, § 290-5.5, of this chapter. 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.

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 cumulatively within a twelve-month period or work requiring a permit per Sections 105 and R105 of MUBEC. 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 cumulatively within a twelve-month period or is exempt per Sections 105 and R105 of MUBEC., said construction, enlargement, alteration, demolition, or moving of any building or structure must still comply with all the provisions of this chapter.

New use, including a new commercial use, including indoor and outdoor marijuana cultivation facilities or a change of majority ownership or a modification that is subject to an ordinance requirement or review criteria for that commercial use.

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

Extraction of mineral resources.

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

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 chapter.

Piers, docks, ramps, and land-attached floats and other structures in the Outer and Coastal Harbors.

Permits issued under Subsections B and F above are exempt from the posting requirement.

This section shall apply to all activities requiring a building permit, including alterations and renovations to single-family and two-family dwellings. This section does not apply to work exempt from permitting under the MUBEC and accessory buildings and structures not for human occupancy.

Except as provided in Subsection A 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 occupancy 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 chapter and with applicable state statutes governing plumbing permits and electrical permits.

An applicant shall apply for a certificate of occupancy 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 occupancy within 15 days. The Code Enforcement Officer's failure to act within 15 days shall constitute denial of the certificate of occupancy. The Code Enforcement Officer shall issue the certificate of occupancy only upon finding that the building, structure, or site and the use or occupancy thereof comply with the provisions of this chapter 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 occupancy which are issued.

One conditional certificate of occupancy, valid for no more than six 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 occupancy.

For projects requiring Planning Board or Zoning Board of Appeals approvals and/or are required to submit additional information as promulgated in § 290-5.5B, the applicant must submit a stamped as-built site plan(s) and a certificate of compliance stamped by a licensed professional engineer or a professional land surveyor, indicating that the site development has been completed in accordance with all approvals and supporting plans prior to the issuance of any certificate of occupancy by the Code Enforcement Officer.

Photographic record required. All applicants for a permit for any applicable development within the Shoreland Zone must submit to the Code Enforcement Officer preconstruction photographs and, no later than 20 days after completion of the permitted project or development, post-construction photographs of the shoreline vegetation and development site.

Additional information required. The Planning and Development Director may require, at the applicant's expense, additional information from applicants for a permit for any development within the Shoreland Zone, where such information is reasonably necessary and required to meaningfully evaluate and verify compliance with this chapter and those requirements of 38 MRS, as amended from time to time. Such required information shall be prepared, stamped and submitted by a licensed design professional. The required information may include, but not be limited to, site plan details, slope and drainage data, ground coverage, setbacks, vegetation, shoreland stabilization and other information affecting public health, safety, or welfare.

Application shall be in writing on forms provided by the Code Enforcement Officer and account for all aspects to which this chapter applies. Building permits are valid for six months for the beginning of construction or use and for two 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 chapter 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.

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 occupancy shall be made within 60 days of the date of such action or nonaction 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 occupancy, or upon an application for a building permit and/or use permit within 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 period.

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

In all other respects, assessments of penalties under this chapter shall be in accordance with Title 30-A M.R.S.A. § 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 chapter. Such notice shall be mailed with return receipt requested to the last known address of the person or party in violation of this chapter. 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 chapter 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 chapter, for collection of penalties, and for such other relief as by law may be provided.

When the actions of the Code Enforcement Officer do not result in the correction or abatement of violations of this chapter, the municipal officers (the Select Board), upon notice from the Code Enforcement Officer, are hereby authorized to institute any and all actions or proceedings, either legal or equitable, including seeking injunctions concerning violations and the imposition of fines and penalties pursuant to Title 30-A M.R.S.A. § 4452, seeking the relief and monetary penalties set forth in that statute that may be appropriate or necessary to enforce the provisions of this chapter in the name of the municipality.

The municipal officers, or their authorized agent, are 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 unless the municipal officers are satisfied by the party requesting a consent agreement that the following conditions have been met:

The municipal officers shall give notice to all landowners with land abutting a lot for which a structure or use involves a consent agreement of the Select Board meeting at which the Select Board considers the request for a consent agreement.

In addition to the authority to seek an administrative consent agreement as set forth above, the municipal officers are also authorized to enter into administrative consent orders subject to approval of the Court. The municipal officers shall have the authority to enter into an administrative consent order on such terms and conditions as the municipal officers deem proper.

Upon enactment, this amendment to this chapter shall be effective immediately.

Upon enactment, this amendment shall also amend the appropriate provisions in Chapter XII of the Camden Code.