(a)

This chapter shall be enforced by a code enforcement officer appointed by the municipal officers. The code enforcement officer shall investigate instances of possible violations, with or without complaint, and take appropriate action if a violation exists.

(b)

When the above action does not result in the correction or abatement of the violation or nuisance condition, the municipal officers, upon notice from the code enforcement officer, are hereby authorized and 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 chapter in the name of the town.

(c)

Where the code enforcement officer cannot determine that a violation exists because of technical complexity or need to use equipment not available to the town, he may consult with such independent experts or agencies as necessary to determine whether a violation exists. If a violation exists, the code enforcement officer shall notify the violator of such violation, order appropriate corrective action, and require the violator to reimburse the town for any consulting services. If no violation exists, the town shall pay for consulting services.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 501))

(a)

It shall be the duty of the code enforcement officer to take any appropriate action to prevent any unlawful use or development of any land, building or structure in violation of this chapter. It shall be the duty of the board of selectmen upon complaint of the code enforcement officer to institute abatement, injunction or other appropriate proceedings at law or in equity to restrain, prevent, enjoin, abate, collect or remove such violations; provided, however, that the remedies provided herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law.

(b)

The person being the owner or occupant or having control, use or supervision of any land, building or structure, or part thereof who violates any of the provisions of this chapter shall be prosecuted according to the enforcement provisions of 30-A M.R.S.A. § 4452.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 506); T.M. of 12-15-93)

The code enforcement officer who is designated by ordinance or statute with the responsibility to enforce a particular law or ordinance set forth in this chapter shall have the following powers and duties:

(1)

To enter any property at reasonable hours and to enter any building with the consent of the property owner, occupant or agent, to inspect the property or structure for compliance with the laws or ordinances set forth in this chapter.

(2)

To issue a summons to any person who violates a law or ordinance which the official is empowered to enforce.

(3)

When specifically authorized by the municipal officers, to represent the town in district court in the prosecution of alleged violations of ordinances or laws which the official is empowered to enforce.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 506))

(a)

No person shall erect, enlarge, move or materially alter a structure until he applies for a building and use permit from the code enforcement officer, and the code enforcement officer has issued a written permit. For the purpose of this chapter, an existing structure is considered materially altered if:

(1)

Two thousand dollars is expended.

(2)

The number of rooms is increased.

(3)

Any principal building dimensions change by more than three feet.

(4)

An apartment is created.

Note: No building permit is required for routine corrective or preventive maintenance such as replacing an existing roof, repainting the inside or outside of buildings, or resurfacing of an existing driveway.

(b)

A building permit fee in the amount established by the fee schedule set in section 1-25 shall be submitted by the applicant to the code enforcement officer, by check payable to the town, before the code enforcement officer issues the building permit.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 502.1); T.M. of 11-4-03)

Cross reference— Building permits required, § 21-4.

No person shall establish, add or change the use of any property or structure until he applies for a building and use permit from the code enforcement officer, and the code enforcement officer has issued a written permit. A person shall obtain a use permit for any permitted use, change of permitted use, conditional use, or change of conditional use as required by the table of land uses in sections 44-34 and 45-290. Application for a use permit shall be included as part of any building permit application.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 502.2))

Cross reference— Conditional use permits, § 33-59.

All applications for building or use permits shall be submitted in writing to the code enforcement officer on forms provided for the purpose. Application shall include such information as:

(1)

Shape, size and location of the lot to be built on.

(2)

Shape and location of the building to be erected, altered or removed.

(3)

Any building already on the lot.

(4)

Setback lines of buildings on adjoining lots.

(5)

Any other information required by the code enforcement officer in order to determine whether provisions of this chapter are being observed.

(6)

Dimensions shall be drawn to scale of one inch equals 20 feet.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 502.3))

Failure of the code enforcement officer to issue written notice of decision within 45 days of the date of filing of the application for a building permit shall constitute refusal of the permit. If start of construction, as defined in section 1-2, has not been made within 180 days beginning with the date the permit is issued, the permit shall expire.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 502.4); T.M. of 6-8-04; T.M. of 6-9-2015(2))

Editor's note— A Town Meeting held on Dec. 15, 1993, repealed § 45-129 in its entirety. Formerly, § 45-129 pertained to uses in the shoreland district and derived from T.M. of Nov. 2, 1982; T.M. of June 26, 1985; T.M. of Nov. 23, 1985; T.M. of Nov. 4, 1986; T.M. of April 21, 1987; T.M. of Mar. 19, 1988; and T.M. of Dec. 20, 1989, § 502.5.

(a)

Written application to the code enforcement officer shall be made for the installation of all signs, unless otherwise specified in this chapter.

(b)

Unless otherwise specified in this chapter, it shall be unlawful to erect, construct, reconstruct, alter, paint, repaint or change the use of any sign as defined herein without first obtaining a sign permit from the code enforcement officer. No permit shall be required, however, to remove a sign for repair, repainting or replacement, providing the intent of the sign is the same as originally installed, and conforms in all respects with the provisions of this chapter.

(c)

Persons engaged in the business of selling properties shall secure a blanket permit which will allow the display of more than one sign in more than one place, providing the sign complies with all other requirements of this chapter.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 503))

(a)

Every person before doing any plumbing work, except the repairing of leaks and the opening of obstructed and frozen pipes and fixtures, shall obtain a permit from the town plumbing inspector. This requirement shall apply alike to new work and to modification, replacements, and extensions of existing work, with the exception of vendors of new appliances at retail or their employees, when engaged in connecting such appliances to an existing water supply system within a building. All applications for permits shall be filed with the plumbing inspector. Upon completion of the work set forth in the permit, the applicant shall notify the plumbing inspector of the date of the completion.

(b)

No HHE200 form for sewage disposal permits will be approved unless the code enforcement officer or his alternate has been notified so he may inspect the pits before they are filled in.

(c)

A fee in the amount established by the fee schedule in section 1-25 is required pursuant to state statutes.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 504); T.M. of 6-11-2013(3))

Cross reference— Building permits required, § 21-4.

(a)

All installations covered herein, excluding lighting fixtures, the value of which is in excess of $200.00 shall require the issuance of a permit by the electrical inspector. The fee for an electrical permit shall be in the amount established by the fee schedule set in section 1-25. The person providing the installations shall receive the appropriate application forms for the same from the electrical inspector. Upon completion of the installations, the person providing the installations shall notify the electrical inspector who will record the date completed and final inspection.

(b)

An electrical wiring permit shall be obtained prior to the issuance of a building permit for swimming pools and for the installation of metal siding on a building or structure.

(c)

All public utilities are exempt from the terms of this chapter insofar as they are regulated by the state public utility commission and relevant state laws, codes and regulations.

(T.M. of 11-2-82; T.M. of 6-26-85; T.M. of 11-23-85; T.M. of 11-4-86; T.M. of 4-21-87; T.M. of 3-19-88; T.M. of 12-20-89, (§ 505); T.M. of 11-4-03)

Cross reference— Building permits required, § 21-4.

(a)

Telecommunication structures less than 70 feet in height:

(1)

A permit is required from the code enforcement officer (CEO) for any telecommunications structure less than 70 feet in height constructed after March 27, 1999 or for any expansion in the height or size of an existing telecommunication structure.

(2)

For an existing telecommunications structure less than 70 feet in height that was constructed and operational, an application shall be submitted to the code enforcement officer (CEO) within one year of March 27, 1999. The purpose of this application is to provide information on existing structures to the town.

(b)

Telecommunication structures 70 feet and higher:

(1)

A permit is required from the Town of Eliot Planning Board for any new telecommunications structure 70 feet and higher constructed after March 27, 1999.

(2)

A permit is required from the code enforcement officer (CEO) for any telecommunication structure 70 feet and higher where the following occurs: an expansion in the height or size of structure or the number or size of structures on the tower is proposed, and any and all other circumstances similar to the above regarding a change in the construction or configuration of an existing telecommunication structure 70 feet or higher.

(c)

Exemptions. The following uses do not require a permit:

(1)

Amateur (ham) radio stations licensed by the Federal Communications Commission (FCC).

(2)

Parabolic antennas less than seven feet in diameter that are an accessory use of the property.

(3)

Antennas that are an accessory use to a residential dwelling.

(T.M. of 3-27-99(1), § 6)

(a)

Purposes. The purposes of this section are to help preserve architecturally and historically significant resources in the community, increase town involvement in the preservation of the town's unique cultural and historical assets (2009 Comprehensive Plan Historic and Archaeological Policy 1), and help provide town decision-makers with the necessary support to protect the town's most valued historical assets (2009 Comprehensive Plan Historic and Archaeological Policy 2). This section does not, and is not intended to, prohibit or indefinitely delay anyone from demolishing or altering historically significant or sensitive structures. It is intended to delay the issuance of a demolition permit for certain structures, or parts of structures, for a short period of time to allow for the exploration of alternatives to demolition.

(b)

Except as described in subsections (c) and (f), no permit for the demolition, in whole or in part, of a building (or its additions, ells, or wings) that is 100 years in age or older, or that is on the National Register of Historic Places, shall be issued until at least 90 days after a complete application for demolition has been received by the code enforcement officer.

(c)

The delay period referenced in subsection (b) shall not apply to the demolition of a dangerous building as defined in section 1-2. Nothing in this section shall be interpreted as delaying the review of a demolition permit for such a building. The applicant for a demolition permit for a building subject to this section shall include with their application a statement, with supporting information, that the building is a dangerous building. The statement must be signed or endorsed by a licensed building inspector or other professional qualified to assess buildings based on the dangerous building definition. The delay period also shall not apply, and the dangerous building statement shall not be required, for buildings ordered to be demolished or deemed dangerous buildings or life safety hazards by the state superior court, select board, code enforcement officer, or fire chief.

(d)

After receiving a complete application for demolition that is subject to subsection (b), the code enforcement officer, or designee, shall date the application and determine if it applies to subsection (c) relating to demolition of a dangerous building. If the code enforcement officer deems that it does not apply to subsection (c):

(1)

The code enforcement officer, or designee, shall:

a.

Notify the applicant of the delay period and its start and end dates; and

b.

Forward a copy of the application to a local historical society, the state historic preservation commission, the planning board, and the town planner.

(2)

Within 60 days of receipt of the complete application, the planning board shall hold a public hearing on the permit application for the purpose of discussing the historical and architectural significance of the building and inviting comment from abutting property owners, the public, and the applicant or property owner. Notice for a public hearing shall be given in compliance with section 33-130. Prior to the public hearing, the applicant shall pay the planning board public hearing fee specified in section 1-25.

(3)

After the public hearing, the planning board, at its discretion, may issue an advisory opinion on the building's historical significance and possible alternatives to demolition.

(e)

During the 90-day delay period, the applicant and/or property owner is encouraged to work with any interested parties to explore possible alternatives to demolition, including, but not necessarily limited to, preserving, rehabilitating, restoring, or moving the building.

(f)

The code enforcement officer may lessen or waive the 90-day delay period after receipt and consideration of an advisory opinion from the planning board after the public hearing described in subsection (d), and written opinions from either the state historic preservation commission or a local historical society, that the building or portion thereof that is contemplated for demolition is not architecturally or historically significant. Such opinions are at the discretion of the aforementioned entities; nothing in the section is intended to establish or imply an obligation for them to provide an opinion. In order to provide an opinion, these entities may required more information than what is included in a typical demolition permit application. While the town initially forwards applications to these entities, it is the responsibility of the applicant to provide any additional information they may need in order for them to render a decision.

(g)

If a building or portion thereof is deemed to be architecturally or historically significant, and demolition will be the final result:

(1)

Prior to the issuance of the demolition permit, the applicant or owner shall prepare and submit a historical building recordation of the property consistent with the state historic preservation commission's Guidelines for Architectural and Engineering Documentation (Non-MHBS/HMER Reports). The purpose of this recordation is to preserve an accurate record of historic properties that can be used in research and other historic preservation activities. The code enforcement officer may waive this requirement if a local historical society, working with the applicant or owner, prepares and submits a similar recordation of the property.

(2)

The applicant or property owner is encouraged to work with interested parties to salvage, recycle, and reuse as many of the building materials as possible.

(h)

Once the review process has been completed and, if required, the historical building recordation has been submitted, the code enforcement officer may issue the demolition permit.

(T.M. of 11-2-2021(2), art. 3)

(a)

Tiny homes on wheels:

(1)

Shall be placed on a set, stable, and level location on the lot;

(2)

Shall meet applicable standards in section 45-405 and, if used as an accessory dwelling unit, section 45-459;

(3)

Shall be connected to a public water system or well; and

(4)

Shall be served by a public sewer or a subsurface wastewater disposal system.

(b)

In addition to other permitting requirements, tiny home on wheels building permit applications shall:

(1)

Include documentation of motor vehicle title; and

(2)

Indicate whether the tiny home on wheels is proposed to be established as a principal dwelling unit or an accessory dwelling unit.

(c)

A tiny home on wheels established as a principal dwelling unit:

(1)

Shall not be used as a short-term rental; and

(2)

Is subject to the growth management and growth permit requirements of chapter 29.

(d)

A person who temporarily locates a tiny home on wheels on a lot in the town shall notify the code enforcement officer in writing. This notification shall indicate their intention for the use of the tiny home on wheels, how water and electrical service will be provided, and how wastewater will be disposed of. The code enforcement officer may permit a temporary use or occupancy of the tiny home consistent with this Code and applicable building codes. However, in no case shall a tiny home be used for temporary residential occupancy on the same lot, or on a contiguous lot under the same ownership, for more than 180 days in a 12-month period. For the purpose of this section, "temporary residential occupancy" means that the tiny home is being used as living quarters without meeting the requirements of subsection (a) of this section. A tiny home used for temporary residential occupancy, if permitted, shall not be used as a short-term rental.

(T.M. of 6-13-2023(4), art. 28)