Westbrook City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 335-14.1 Purpose.
The purpose of this article is to ensure that construction, whether new or renovated, and general development throughout the City is of a quality that protects the health, safety, and welfare of the public.
§ 335-14.2 Permits.
The following permits are required in the City of Westbrook:
A.
Building permits. A person who desires to construct, reconstruct, structurally alter, add to, relocate, or demolish a building, construct a pool, build a shed, or install a fence must first obtain a building permit. A building permit is required for the following activities:
B.
Use permit. The owner of a building which has been constructed, reconstructed, structurally altered, added to, or relocated must obtain a use permit before the building or part of it requiring a building permit may be occupied. The purpose of this permit is to ensure that the use is permitted.
C.
Change of use permit. The owner of real estate who desires to change its use without making any change for which a building permit is required must first obtain a change of use permit.
D.
Permit for expansion of nonconforming use or conditional use.
(1)
The owner of real estate who desires to expand its nonconforming use must follow the requirements of Article III and obtain a building permit from the Code Enforcement Officer.
(2)
The owner of real estate who desires to expand its use which was permitted by conditional permit must obtain an amended approval from the Planning Board before proceeding and obtain a building permit from the Code Enforcement Officer.
E.
Excavation and fill permit.
(1)
An excavation or fill that is not covered by any other permit in this chapter is required to obtain a permit from the Code Enforcement Officer if:
(a)
Excavation. More than 30 cubic yards is proposed to be excavated from the property. The applicant shall describe the reasons for the excavation, disposition of the soil, identification of any potentially contaminated soil, erosion and sedimentation control, and impact on surrounding properties.
(b)
Fill. The applicant must demonstrate the purpose of the fill if, and how many, wetlands on the site are proposed to be filled, that no drainage course is changed, and that proper soil and erosion practices are put in place.
(2)
The Code Enforcement Officer, in consultation with other City staff, will approve or deny the permit to fill based on the environmental issues noted above.
F.
Driveway permit.
(1)
The Code Enforcement Officer shall approve or deny, in consultation with the City Engineer, driveway permits. In applying for such a permit, the applicant shall provide information on the elevation of the driveway, its slope into the street (no slope greater than 3% is allowed). The Code Enforcement Officer shall ensure that no drainageway is obstructed, that improvements are made to handle flow capacity, and that the design does not create an erosion and sedimentation problem.
§ 335-14.3 Permit procedures.
An applicant for a permit of any type must submit a written application to the Code Enforcement Officer. The Code Enforcement Officer shall review the application and shall make any necessary inspection within a responsible time. If the application is for a permit which can be issued by the Code Enforcement Officer and the requirements of this chapter and any other pertinent ordinance or state statute are met, the Code Enforcement Officer shall issue the permit to the applicant. If the application is for a permit which requires approval of the Zoning Board of Appeals or the Planning Board, the Code Enforcement Officer shall refuse to issue the permit and shall advise the applicant of the necessary procedures to be taken.
A.
Application for building permit. An application for a building permit must state the intended use to be made of the land and buildings. It must be accompanied by a plot plan drawn approximately to scale showing the dimensions of the lot, the location and size of a building proposed to be constructed or relocated, and the location of any public or private way on or adjacent to the lot. All designs must be in accordance with appropriate building and life safety codes, adopted by reference by the City, as from time to time amended. The drawing must be of adequate quality to determine impact on setbacks and compliance with building codes.
B.
Application retained. An application for any type of permit, any accompanying data, and a copy of each permit issued must be kept on file in the office of the Code Enforcement Officer.
C.
Inspection of premises. The Code Enforcement Officer may inspect all necessary parts of any premises regulated by this chapter during reasonable hours.
D.
Fees. Fees for permits shall be determined by the City Council.
§ 335-14.4 Duties of Code Enforcement Officer.
A.
Enforcement. The Code Enforcement Officer (CEO) shall enforce this chapter. The CEO shall make determinations under and interpretations for this chapter, subject to the right of appeal of any aggrieved person under Article XV of this chapter. The Code Enforcement Officer's interpretations of the chapter shall create precedent and will be recorded for future determinations.
B.
Periodic inspection. The Code Enforcement Officer shall travel each public way in the City of Westbrook, from time to time, to ensure that there are no violations of this chapter.
C.
Annual report. The Code Enforcement Officer shall file a report with the Municipal Officers on a quarterly basis, and an additional summary of the year's activity on an annual basis. The report shall contain a list of violations of this chapter and his/her actions with respect to them. The report shall also include the building permits issued, and actions taken by the Zoning Board of Appeals.
D.
Complaints. When any person files a complaint with the Code Enforcement Officer that this chapter is being violated, the Code Enforcement Officer shall immediately examine the subject of the complaint and take appropriate action. The Code Enforcement Officer shall keep a record of these complaints, the action on them, and report to the complainer, upon request.
E.
Violation procedure. When any violation of this chapter comes to the attention of the Code Enforcement Officer, a written notice of the violation to the owner of the premises shall be delivered. The notice may be served by having a copy of it delivered by certified mail, by handing a copy to the owner, or by leaving it at the owner's place of residence or usual place of business. If the owner cannot be found after a reasonably diligent search, the notice may be served by posting it in a conspicuous place on the premises in violation. The notice must state a specific, reasonable time within which the violation must cease. If the owner of the premises does not comply with the order within the specified time, the Code Enforcement Officer shall take appropriate legal action, consistent with this article and state statute.
§ 335-14.5 Enforcement.
The Code Enforcement Officer shall enforce this chapter conducted in accordance with 30-A M.R.S.A. § 4452, as amended.
§ 335-14.6 Violations and penalties.
If this chapter is violated by a partnership, corporation, or person, members or officers who participated or are authorized in the action resulting in the violation are subject to the penalties described in 30-A M.R.S.A. § 4452, as from time to time amended. The following penalties shall be observed:
A.
Starting construction without a permit: as set forth in Chapter A401, Master Fine Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Minimum penalty for a specific violation: as set forth in Chapter A401, Master Fine Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Any other penalties: as identified in 30-A M.R.S.A. § 4452.
§ 335-14.7 Owners, contractors and others.
Owners, contractors, subcontractors, employees, or agents of the owner of real estate or any other person who performs services without the proper permit or verifying that it has been obtained is in violation of this chapter.
§ 335-14.8 Nuisance.
Any real estate or personal property in violation of this chapter is a nuisance.
§ 335-14.9 Stop-work order.
[Added 8-20-2018 by Ord. No. 2018-96]
In addition to any other enforcement action authorized by this chapter, the Code Enforcement Officer shall have the authority to issue a stop-work order when the Code Enforcement Officer determines that there has been a violation of this chapter or any other provision of this Code or statute that is enforced by the Code Enforcement Officer. A stop-work order will not be issued until either the owner of the property or the contractor has been issued a verbal notice and given an opportunity to correct the violation. A stop-work order is subject to the appeal provisions of § 335-15.3A, but the stop-work order will remain in effect during the appeal period unless the violation is resolved during that time.