Mechanic Falls City Zoning Code

Application of citation system. This article shall apply to enforcement proceedings under this chapter, the State Health Code, Electrical Code (NFPA 70), and the Life Safety Code (NFPA 101). The inspectors under various codes are hereinafter referred to collectively as "enforcement officials."

Investigation. Upon receipt of information indicating the likelihood of a violation, the enforcement official or his duly authorized agent shall investigate the facts and may make an inspection of the premises when legally authorized to do so.

Notice of violation. If the investigation reveals that a code violation has occurred, the enforcement official shall give written notice of such violation to the person, firm or corporation having control of the land, building, or structure involved in the violation (hereinafter called "the violator") and demand the violation be corrected. Notice of the violation may be delivered in hand to the violator or left for him with a person of suitable age and discretion living in the same household or mailed to him by certified mail to his last known address. Such notice shall also describe the violation(s), including a reference to the appropriate code and section(s) violated, specify necessary corrective measures to be taken, specify a reasonable period as to each violation within which corrective actions must be completed, and state the potential consequences if the violation(s) is not corrected. The notice shall advise the violator of his right to appeal to the appropriate authority pursuant to § 200-9.2I of this article if he disagrees with the enforcement official's determination that he is violating an adopted ordinance.

Civil proceedings. If appropriate action to correct the violation(s) has not been taken within the period established, the enforcement official and/or the Town Attorney may initiate appropriate court proceedings to prevent, correct or abate the violation(s). Such court proceedings may include the initiation of a land use complaint pursuant to Rule 80K of the Maine Rules of Civil Procedure.

Citation issued. If appropriate action to correct the violation(s) has not been taken within the period established by the enforcement official, he may, as an alternative to initiating court action, issue a citation to the violator.

Content of citation. The citation shall be in writing, describe the nature of the violations, including the chapter sections violated, state the dates by which the violations were to have been corrected, that a civil penalty of $100 has been imposed for the violation, the date by which the penalty must be paid and to whom, and the consequences of failing to pay within the period stated. The number of days allowed by the enforcement official within which corrective action must be taken shall be reasonable given the notice period previously given to the violator, the nature of the violation to be corrected, and the time which the code enforcement official estimates will be required to perform the corrective work. The citation shall also advise the violator of his right to request an extension of time to correct the violation as hereinafter provided. The citation shall state that an additional civil penalty of $200 will be imposed and that further citations may issue if the violation has not been corrected within the time specified.

Time limits for corrective action.

Service of citation. Citations may be delivered in hand to the violator or left for him with a person of suitable age and discretion living in the same household. If the violator is a corporation, citations may be served on an authorized official or, if none is available, upon any employee of the corporation. Citations may also be served certified mail, return receipt requested. If the return receipt is not signed, the citation shall be presumed to have been served if also sent by ordinary mail which has not been returned by the postal service.

Penalty.

Further citations. If the corrective action required has not been taken within the time frame specified in the first citation, the code enforcement official may issue a second citation. The second citation shall contain the same information set forth in the first citation regarding the nature of the violation but may do so by reference to the first citation in the discretion of the code enforcement official. It shall also state that, in addition to the previous civil penalties, a civil penalty of $300 will be imposed. The time limit indicated may be the same as the time limit allowed in the first citation or may be altered if there has been a change in circumstances.

Interest. All civil penalties imposed by citation shall be due within five days after the date the corrective action specified was to be taken. Interest computed at the rate of 18% per annum shall be added to all unpaid civil penalties beginning five days after the date that the civil penalty became due. The Code Enforcement Official or the Town Attorney may initiate appropriate proceedings to collect any civil penalties which are not promptly paid, together with all outstanding interest.

Extensions to time to correct violations. In any case in which the violator asserts that there is good cause for extending the period during which the violation can be corrected, he may request such an extension from the Code Enforcement Officer, in writing, setting forth the reasons for the request. The filing of such an application shall not suspend the running of the time limit specified. The Code Enforcement Officer shall act upon the request within two working days of its being presented. The decision of the Code Enforcement Officer shall be final.

Appeals.

Effect on other ordinances. This article does not supersede or repeal other enforcement procedures or preclude the initiation of other enforcement proceedings under state law or other municipal ordinances.