Saco City Zoning Code
ARTICLE XV
Enforcement
§ 230-1501 Administrative official.
Unless otherwise specifically stated, this chapter shall be administered and enforced by the City of Saco Code Enforcement Officer ("CEO").
A.
It shall be the duty of the CEO to enforce this chapter and, in connection therewith, to investigate all complaints of alleged violations of this chapter and cases that violate this chapter.
B.
Furthermore, it shall be the duty of the CEO to enforce the City of Saco Subdivision Ordinance[1] and, in connection therewith, to investigate complaints of alleged violations of the Subdivision Ordinance and cases that violate the Subdivision Ordinance.
D.
Other City officials. It shall be the duty of the Mayor, City Council, and members of the Fire Department, Police Department, Electrical Inspector, Local Plumbing Inspector, City Planner, Health Officer, and Tax Assessor to assist the CEO by reporting new construction, reconstruction, or land use in apparent violation of this chapter.
§ 230-1502 Permits required.
A.
Building permit and certificate of occupancy (CO).
(1)
CO. No new structure shall be occupied or used, nor shall the occupancy of any commercial or industrial building change, prior to the issuance of a CO by the CEO. The CEO shall not issue a CO unless the new structure or proposed use is in conformance with this chapter.
B.
Building codes. Building permits and COs shall be issued in conformance both with this chapter and with Chapter 73 and all applicable ordinances of the City of Saco.
C.
Shoreland zoning overlay districts.
(1)
Shoreland permits required. No person shall, without first obtaining a shoreland zoning permit, engage in any activity or use of land or structure requiring a permit or expand, change, or replace an existing use or structure, or renew a discontinued nonconforming use.
(2)
Shoreland standards. Prior to making a decision on an application for a shoreland zoning permit, the permitting authority shall make findings, based on the information presented, that the proposed use:
(a)
Will maintain safe and healthful conditions;
(b)
Will not result in water pollution, erosion, or sedimentation to surface waters;
(c)
Will adequately provide for the disposal of all wastewater;
(d)
Will not have an adverse impact on spawning grounds, fish, aquatic life, bird or other wildlife habitats;
(e)
Will conserve shore cover and visual, as well as actual, points of access to inland and coastal waters;
(f)
Will protect archaeological and historic resources as in accordance with the Comprehensive Plan;
(g)
Will not adversely affect existing commercial fishing or maritime activities;
(h)
Will avoid problems associated with floodplain development and use;
(j)
If located in a structure, the structure is located in an approved subdivision and will not violate any other local ordinance or regulation or any state law.
D.
Exemptions. No permit shall be required for the construction, alteration, relocation, or replacement of any building or part thereof having a total cost of construction of $500 or less, provided it conforms with the provisions of this chapter.
E.
Material accompanying applications. The application for the permit shall be in writing and shall be made on such form as the CEO shall prescribe and shall contain a scale drawing of the proposed new, altered or relocated building, or the replacement contemplated, including a plot plan (unless waived by the CEO). The application shall be filed with the CEO.
F.
Residential and shoreland zoning overlay districts. This subsection applies only to residential districts and shoreland zoning overlay districts. The CEO will notify abutting landowners by mail that a building permit has been issued whenever a building permit will lead to the construction of a new dwelling unit, will lead to the creation or expansion of a commercial use, or will lead to the creation or expansion of an accessory use with commercial aspects. In addition, in the Shoreland Zoning Overlay Districts, the notice will be issued for any exterior change requiring a building permit. These notices are not required if earlier approvals required for such a permit have been the subject of a public hearing, such as those held for conditional use, site plan review, subdivision, shoreland zoning, a variance, or other similar permitting actions. The notice will be mailed within one week of the issuance of the building permit, and shall describe briefly what the permit is for, and describe briefly the appeals process. Failure to receive the notice shall not invalidate any action taken by the CEO.
G.
Permit approval. The CEO, after proper examination of the application, shall either issue the requested permit or transmit a notice of refusal within 10 calendar days. Notice of refusal shall be in writing and shall state the reasons therefor. However, when the CEO has reason to believe that the proposed construction would not be in compliance with other local regulations or state laws, the building permit shall not be issued until all questions have been resolved to the CEO's satisfaction. When a violation of subdivision standards is believed to exist, the Planning Board shall be given an opportunity to examine the proposal.
H.
Record of permit applications. Each application for a building permit, together with all plans, drawings, correspondence, and a copy of the issued building permit, shall be made part of a permanent file, and such file shall be kept in a locked cabinet in a City Building or electronically on a secure City server.
I.
Installation of public utility service. No public utility, water district, sanitary district or any utility company may install services to new structures located in the shoreland zone unless all permits required under this chapter or any previous ordinance have been issued by the appropriate municipal officials.
J.
Limits on shoreland approvals.
(1)
If substantial construction is not commenced within 24 months of the Planning Board's or CEO's written approval of a shoreland permit, the shoreland permit shall be null and void. "Substantial construction" shall mean the completion of a foundation, addition, or other evidence satisfactory to Department staff. The deadline may be extended for one additional year by the appropriate permitting authority upon written request of the applicant. The written request for an extension must be submitted before the date of expiration of the shoreland permit. After the shoreland permit has expired or an extension denied by the permitting authority, the applicant may reapply for a shoreland zone approval at any time without prejudice.
K.
Contractor certification. When an excavation contractor proposes an activity that results in more than one cubic yard of soil disturbance, the person responsible for management of erosion and sedimentation control practices at the site must be certified in erosion control practices by the Maine Department of Environmental Protection. This person must be present at the site each day earthmoving activity occurs for a duration that is sufficient to ensure that proper erosion and sedimentation control practices are followed. This is required until erosion and sedimentation control measures have been installed which will either stay in place permanently or stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion. The name and certification number of the person who will oversee the activity causing or resulting in soil disturbance shall be included on the permit application. This requirement does not apply to a person or firm engaged in agriculture or timber harvesting if best management practices for erosion and sedimentation control are used; and municipal, state, and federal employees engaged in projects associated with that employment.
§ 230-1503 Enforcement of Shoreland Zoning Overlay District provisions.
A.
Nuisances. Violations of shoreland zoning overlay district provisions, including this chapter's performance standards, shall be deemed a nuisance.
B.
Code Enforcement Officer.
(1)
It shall be the duty of the CEO to enforce provisions of Article VIII. If the CEO finds that any provision of Article VIII is violated, the CEO shall notify, in writing, the person(s) responsible for such violation, indicating the nature of the violation and ordering 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 notice shall be submitted to the City Administrator, Mayor, and City Council and be maintained as a permanent record.
(2)
The CEO shall conduct on-site inspections to ensure compliance with all applicable laws and conditions attached to permit approvals. The CEO shall also investigate all complaints of alleged violations of Article VIII.
(3)
The CEO 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.
§ 230-1504 Violations and penalties.
A.
The CEO is hereby authorized to institute or cause to be instituted by the City Solicitor in the name of the City of Saco all actions that may be appropriate or necessary for the enforcement of this chapter. This section shall not prevent a person entitled to equitable relief from enjoining an act contrary to the provisions of this chapter.
B.
Furthermore, the CEO is hereby authorized to institute or cause to be instituted by the City Solicitor in the name of the City of Saco all actions that may be appropriate or necessary for the enforcement of the Subdivision Regulations.[1] This section shall not prevent a person entitled to equitable relief from enjoining an act contrary to the provisions of the Subdivision Regulations.
C.
Any person, firm, corporation, or other business association, being the owner or having control of land, building, or other structures, or part thereof, which violates the provisions of this chapter, shall be penalized in accordance with 30-A M.R.S.A § 4452, with fines of not less than $100 nor more than those amounts set forth in 30-A M.R.S.A § 4452. Each day may constitute a separate offense. Fines shall apply following issuance of a notice of violation signed by the CEO. Such notice shall be mailed by certified mail, with return receipt requested, or served in person by the CEO.
§ 230-1505 Actions and proceedings.
A.
When the actions in § 230-1604 do not result in the correction or abatement of the violation or nuisance condition, the CEO is hereby authorized to institute 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 City. City officers, or their authorized agents, 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 City 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.
B.
Any person, including, but not limited to, a landowner, a landowner's agent, or a contractor, who orders or conducts any activity in violation of this chapter shall be penalized in accordance with 30-A M.R.S.A § 4452, with fines of not less than $100 nor more than those amounts set forth in 30-A M.R.S.A § 4452. Each day may constitute a separate offense.