Ogunquit City Zoning Code
ARTICLE 4
Administration
§ 225-4.1 Enforcement officer.
[Amended 11-4-2008, effective 4-1-2009]
A.
There is hereby established the position of Code Enforcement Officer. The Code Enforcement Officer shall be appointed or reappointed by the Town Manager, annually by July 1. The Town Manager may also appoint a deputy or assistant Code Enforcement Officer. Reference to the Code Enforcement Officer includes a deputy or assistant. It shall be the duty of the Code Enforcement Officer to administer and enforce the provisions of this chapter. If the Code Enforcement Officer shall find that any provision of this chapter is being violated, he or she shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it, including discontinuance of illegal use of land, buildings or structures, or work being done, removal of illegal buildings or structures, and abatement of nuisance conditions. A copy of such notices shall be submitted to the Municipal Officers and be maintained as a permanent record.
B.
The Code Enforcement Officer shall conduct on-site inspections to ensure compliance with all applicable laws and conditions attached to permit approvals. The Code Enforcement Officer shall investigate all instances of possible violations, with or without complaint, and shall take appropriate action if a violation exists.
C.
The Code Enforcement Officer shall keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found, and fees collected. On a biennial basis, a summary of this record shall be submitted to the Director of the Bureau of Water Quality within the Department of Environmental Protection.
[Amended 6-8-2021 ATM by Art. 9]
D.
Cease and desist order. Upon a finding that any of the provisions of this chapter are being violated, the Code Enforcement Officer shall immediately (within three business days) notify by certified mail the person(s) responsible for such violation(s), indicating the nature of the violation(s) and ordering the action necessary to correct it. The Code Enforcement Officer shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; and discontinuance of any illegal activity, order work to be stopped, or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
[Amended 6-12-2012]
E.
Consulting services. 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, the Code Enforcement Officer may, after consulting with the property owner and affording the property owner the opportunity to take action, consult with such independent experts or agencies as necessary to determine if 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.
§ 225-4.2 Remedies.
[Amended 11-4-2008, effective 4-1-2009]
A.
Any violation of this chapter shall be deemed to be a nuisance. When a violation of any provision of this chapter is found to exist, the attorney for the Town, upon notice from the Town Manager or Code Enforcement Officer as directed by the Select Board, is 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 for the enforcement of the provisions of this chapter, the same to be brought in the name of the Town.
B.
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 there is clear and convincing evidence that the illegal structure or use was constructed or conducted as a direct result of erroneous advice given by an authorized municipal official and there is no evidence that the owner acted in bad faith, or unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.
§ 225-4.3 Fines.
[Amended 11-4-2008, effective 4-1-2009; 6-14-2022]
Any person, including but not limited to a landowner, a landowner's agent or a contractor, who violates any provision or requirement of this chapter, upon submission by the Code Enforcement Officer to the Town Manager who thereafter forwards proof of said violation(s) to the Select Board, violators, may also be penalized pursuant to 30-A, M.R.S.A., § 4452.
A.
Issuance of citation. If appropriate action to correct the violation has not been taken within the period established by the enforcement official pursuant to this article, they may, as an alternative to initiating court action, issue a citation to the violator.
B.
Contents of citation.
(1)
The citation provided for in this article shall be in writing, describe the nature of the violations, including the ordinance sections violated, and state the dates by which the violations were to have been corrected, that a civil penalty of $150 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.
(2)
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.
(3)
The citation shall also advise the violator of his right to request an extension of time to correct the violation as provided in this article. The citation shall state that an additional civil penalty of $300 will be imposed and that further citations may be issued if the violation has not been corrected within the time specified.
C.
Time limits for corrective action.
(1) IMMEDIATE RISK OR NUISANCE LONG-TERM RISK OR NUISANCE SHORT-TERM RISK OR NUISANCE
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
A condition or circumstance which poses an immediate threat to the health or safety of individuals or their property.
A condition or circumstance which does not pose an immediate threat to the health or safety of individuals or their property, but could cause a hazard or create a physical or aesthetic nuisance if not corrected.
A condition or circumstance which, while posing a serious threat to the health or safety of individuals or their property, is not likely to occur so soon as to be an immediate danger.
(2)
Time periods which corrective action taken. The following time periods within which corrective action must be taken shall be presumed to be reasonable for purposes of this article:
Description of risk | Corrective action time period |
|---|---|
Immediate risk or nuisance | Zero hours to 24 hours |
Short-term risk or nuisance | 24 hours to one week |
Long-term risk or nuisance | One week to 30 days |
D.
Service of citation.
(1)
Citations issued pursuant to this article 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 way be served on an authorized official, or, if none is available, upon any employee of the corporation.
(2)
Citations may also be served by 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.
F.
Interest on unpaid penalties. All civil penalties imposed by citation under this article 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 city solicitor may initiate appropriate proceedings to collect any civil penalties which are not promptly paid, together with all outstanding interest.
G.
Extension of time to correct violation. In any case in which the violator asserts that there is good cause for extending the period during which the violation can be corrected under this article, he may request such an extension from the enforcement official 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 enforcement official shall act upon the request within two working days of its being presented. The decision of the enforcement official shall be final.
§ 225-4.4 Building permits and certificate of occupancy.
[Amended 11-4-2008, effective 4-1-2009; 6-14-2022]
The Code Enforcement Officer shall be consulted before any buildings or other structure is erected, demolished, moved, replaced, or additions are made. This includes work done internally or externally. A person who is issued a permit pursuant to this section shall have a copy of the permit on site while the work authorized by the permit is performed.
§ 225-4.5 Building permit application.
[Amended 6-12-2012]
A.
All applications for building permits shall be accompanied by plans showing the actual dimensions and shape of the lot to be built upon and the exact sizes, locations and dimensions of the proposed structure(s) or alterations and any existing structures. The application shall include such other information as lawfully may be required by the Code Enforcement Officer to determine conformance with, and provide for the enforcement of, this chapter. A copy of the approved building permit shall be displayed at the job site from commencement of work until a certificate of occupancy is obtained, within view of the nearest public way or street.
(1)
All applications shall also include:
(a)
The name and address of the property owner.
(b)
The name, address and telephone number of the person, firm, or firms involved in the construction on the property.
(c)
The value of the proposed construction.
(d)
A statement of the proposed use for any new or moved structure or altered portion of an existing structure.
(e)
Any other information the applicant wishes to furnish.
(f)
Any other information requested by the Code Enforcement Officer to make the application intelligible and to determine whether the proposed construction will conform to this chapter, other local ordinances and state law.
(g)
A certification that the information in the application is complete and correct to the best of the applicant's knowledge and belief.
(2)
All applications shall be signed by an owner or individual who can show evidence of right, title or interest in the property or by an agent, representative, tenant, or contractor of the owner with authorization from the owner to apply for a permit hereunder, certifying that the information in the application is complete and correct.
(3)
All applications shall be dated, and the Code Enforcement Officer shall note upon each application the date of its receipt.
B.
Wherever on-site subsurface disposal is contemplated, the approval of building permit applications shall be subject to evidence of satisfactory subsurface soil conditions for drainage and sewage disposal and shall be subject to prior issuance of a plumbing permit. Such evidence shall include a site evaluation in compliance with the Maine Subsurface Wastewater Disposal Rules.
C.
The installation of an on-site water supply shall require the approval of the Code Enforcement Officer and shall be subject to satisfactory evidence that the proposed drinking-water well will be located no less than 100 feet horizontal distance from any existing subsurface wastewater disposal system on the same or an abutting lot.
D.
Within two business days of the receipt of a permit application, the Code Enforcement Officer shall decide whether the information in the application is sufficient to determine whether, under this chapter, the permit should be issued, or if the application is otherwise inadequate. If the Code Enforcement Officer feels the application is insufficient or inadequate, the Code Enforcement Officer shall at once notify the applicant, in writing, indicating what necessary information is required to correct the application. If the application is not so corrected, it shall be denied. The applicant shall have the burden of proving that the proposed land use activity is in conformity with the purposes and provisions of this chapter.
(1)
When an application conforms to the provisions of this chapter and other codes and ordinances of the Town, upon payment of the required building permit fees, and any outstanding Planning Board or consultant review fees, the Code Enforcement Officer shall within 14 working days of its receipt issue the permit, stating any conditions of approval in writing. The Code Enforcement Officer shall notify the Tax Assessor and keep a copy of the application/permit in a permanent file in the Code Enforcement Office.
(2)
If the application does not conform, the Code Enforcement Officer shall, within 14 working days, deny the permit, in writing, stating the reasons for such denial. In the event the proposed building or structure is so constructed or is of such usage as to require a review of the application by other authorities or boards, as determined by reference to the land use regulation file, the Code Enforcement Officer shall refer the applicant to the appropriate authority or board for review, approval or denial. Upon receipt of the decision of the reviewing authority or board, in writing, and if such decision is an approval, the Code Enforcement Officer shall issue the permit with any conditions prescribed by the reviewing authority or board. The Code Enforcement Officer shall not issue any building permit if the Code Enforcement Officer has knowledge that a particular structure would be located in an unapproved subdivision, and/or if the Code Enforcement Officer has knowledge that the structure would be in violation of a particular state law, for which the municipality has enforcement responsibilities, or local ordinance. In denying any permit under these circumstances, the Code Enforcement Officer shall state, in writing, the reasons for the denial.
(3)
No approval shall be granted for an application involving a structure if the structure would be located in an unapproved subdivision or would violate any other local ordinance, or regulation or statute administered by the municipality.
E.
Additional criteria for construction or activities in any Shoreland Zone. After the submission of a complete application to the required reviewing authority, no permit or approval shall be issued for any construction or activities within the Shoreland Zone unless the review authority makes a positive finding based on the information presented that the proposed use:
(1)
Will maintain safe and healthful conditions.
(2)
Will not result in water pollution, erosion, or sedimentation to surface waters.
(3)
Will adequately provide for the disposal of all wastewater.
(4)
Will not have an adverse impact on spawning grounds, fish, aquatic life, or bird or other wildlife habitat.
(5)
Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters.
(6)
Will protect archaeological and historic resources as designated in the Comprehensive Plan.
(7)
Will not adversely affect existing commercial fishing or maritime activities in a Commercial Fisheries/Maritime Activities District.
(8)
Will avoid problems associated with floodplain development and use.
F.
Following the issuance of a building permit, if no substantial start is made on the construction within six months of the date of the permit, it shall lapse and become void. Thereafter no further work on such construction can be made until a new application has been made and approved. The fee for such permit shall be charged as a renewal fee.
(1)
A permit shall expire six months after the date of issuance of the permit if a substantial start is not made in construction or in the use of the property during that period. If a substantial start is made within six months of the issuance of the permit, the applicant shall have one additional year to complete the project, at which time the permit shall expire.
(2)
Upon expiration of a permit, the property owner shall remove any incomplete structures for which certificates of occupancy have not been issued. Nothing shall prohibit the property owner from applying for a new permit, to be reviewed under the provisions of this chapter in place at the time of application.
G.
Wherever an activity that consumes, generates, or handles hazardous waste as defined in 38 M.R.S.A. § 1303-C, hazardous matter as defined in 38 M.R.S.A. § 1317, oil as defined in 38 M.R.S.A. § 542 or low-level radioactive waste storage or disposal as defined in 38 M.R.S.A. § 1451 is contemplated, the applicant shall provide the Code Enforcement Officer and Planning Board with detailed information concerning the nature and extent of such activity. In addition to other action which the Code Enforcement Officer may take pursuant to this chapter, the Code Enforcement Officer may refer the hazardous activity to the appropriate local or state agency as he deems appropriate.
[Amended 6-8-2021 ATM by Art. 9]
H.
Any permit issued which is not in conformity with the provisions of this chapter confers no rights and is void.
I.
Installation of public utility service. A public utility, water district, sanitary district 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 chapter or any previous ordinance has been issued by the appropriate municipal officials or other written arrangements have been made between the municipal officials and the utility.
§ 225-4.6 Special exceptions for single-family homes in Resource Protection District.
[Amended 11-4-2008, effective 4-1-2009]
The Planning Board may approve a permit for a single-family residential structure in a Resource Protection District, provided that the applicant demonstrates that all of the following conditions are met:
A.
There is no location on the property, other than a location within the Resource Protection District, where the structure can be built.
B.
The lot on which the structure is proposed is undeveloped and was established and recorded in the Registry of Deeds of the county in which the lot is located before the adoption of the Resource Protection District.
C.
All proposed buildings, sewage disposal systems and other improvements are:
(1)
Located on natural ground slopes of less than 20%; and
(2)
Located outside the floodway of the 100-year floodplain along rivers and artificially formed great ponds along rivers and outside the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all buildings, including basements, are elevated at least one foot above the 100-year floodplain elevation; and the development is otherwise in compliance with any applicable municipal floodplain ordinance. If the floodway is not shown on the Federal Emergency Management Agency maps, it is deemed to be 1/2 the width of the 100-year floodplain.
D.
The total footprint, including cantilevered or similar overhanging extensions, of all principal and accessory structures is limited to a maximum of 1,500 square feet. This limitation shall not be altered by variance.
[Amended 6-12-2018]
E.
All structures, except functionally water-dependent structures, are set back from the normal high-water line of a water body, tributary stream or upland edge of a wetland to the greatest practical extent, but not less than 75 feet, horizontal distance. In determining the greatest practical extent, the Planning Board shall consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the floodplain, and its proximity to moderate-value and high-value wetlands.
§ 225-4.7 Certificate of occupancy required.
A.
A certificate of occupancy issued by the Code Enforcement Officer is required in advance of the use or occupancy of:
B.
No certificate of occupancy shall be issued unless the lot or building or structure complies with all the provisions of this chapter. A record of all certificates of occupancy shall be kept on file in the Code Enforcement Office, and a copy shall be furnished, on request, to any person having a proprietary or tenancy interest in the structure or land involved. A duplicate copy shall be filed in the office of the Tax Assessor, and the certificate of occupancy shall state specifically the uses which it permits.
C.
The Code Enforcement Officer shall maintain a public record of all certificates of occupancy.
D.
Failure to obtain a certificate of occupancy shall be a violation of this chapter.
§ 225-4.8 Building permit application fee.
[Amended 4-8-2002]
Application for a permit shall be accompanied by a fee, which shall be established by the Select Board. If an activity which requires a permit is commenced prior to the issuance of a permit, a penalty shall be added to the building permit fee.
§ 225-4.9 Performance bond.
Construction of any residence, commercial or industrial building or other structure requires the posting of a performance bond in an amount to be specified by the Town Manager. The Town Manager's determination shall be based upon consultation with the Director of Public Works, Police Chief, and Fire Chief. The performance bond amount shall be based on an estimate of the potential responsibility and/or liability affecting Town property and Town services and those aspects of the development which are anticipated to be open to the public.