Town of Poland Maine - Chapter 4 Enforcement

4-101 Short Title

This Chapter shall be known and may be cited as the Citation System for Code Enforcement of Poland, Maine.

4-102 Purpose and Applicability

The purpose of this Chapter is to provide additional and alternative methods and processes to enforce the provisions of the Town of Poland Comprehensive Land Use Code (Code) in a just, speedy and inexpensive manner, to improve compliance with the provisions of this Code, and thereby to protect, preserve and enhance the public health, safety and general welfare of the inhabitants of the Town of Poland, Maine.

4-102.2 Applicability

This Chapter shall provide a method for enforcing and securing compliance with various provisions of this Code, which is in addition to those methods otherwise contained in this Code. Any and all inspectors and enforcement officials under the various provisions of this Code are referred to in this Chapter collectively as the Code Enforcement Officer.

4-103 Code Enforcement Officer

It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Code. If the Code Enforcement Officer shall find that any provisions of this Code are being violated, (s)he shall follow the procedure set forth in this Chapter.

4-104.1 Investigations

Upon receipt of information indicating the likelihood of a violation of any provision of this Code, the Code Enforcement Officer shall investigate the facts and may make an inspection of the premises when legally authorized to do so in Title 30-A, M.R.S.A. Section 4452-(1-A)(1-B).

4-104.2 Notice of Violation(s)

If an investigation reveals that Code violation(s) has/have occurred, the Code Enforcement Officer shall give written notice of such violation(s) to the person (hereafter known as "violator") having control of any land, building, structure, sign, license or permitted business or operation which is in violation(s), verbal notice to the person(s) performing the work, and order that the violation(s) be corrected.

A. Serving of Violation(s) Notice

1. Notice of the violation(s) may be served in hand to the "violator" by the Code Enforcement Officer.

2. Notice of the violation(s) may be sent by certified mail, return receipt requested, to the "violators" last known address.

3. If the Code Enforcement Officer finds that the violation(s) is one, which requires correction to protect the public health and safety, he may provide notice under this Chapter by means of the telephone of facsimile transmission to the "violator" or to a place of business of the "violator.”

B. Contents of Violation(s) Notice

Any notice under this Chapter shall describe the violation(s) including a reference to the Code Section violated, specify what corrective action must be taken, and within what time period the violation(s) must be corrected. The notice must state the potential consequence if the violation(s) is/are not corrected. The notice shall also advise the "violator" of any rights to appeal to the Board of Appeals, with respect to the Code Enforcement Officer's determination that a violation(s) exists for which the "violator" is responsible.

C. Emergency Situation(s)

Should the violation be of such a nature that a Temporary Restraining Order or Preliminary Injunction is required, the Code Enforcement Officer may proceed with such action regardless of Section 4-104.2. A. above.

4-104.3 Civil Proceedings

If the violation has not been corrected within the period established in the notice, the Code Enforcement Officer or Town Attorney may initiate appropriate legal proceedings to compel the "violator" to correct the violation and seek whatever other relief to which the Town may be entitled. Such legal proceeding may include the initiation of a land use complaint pursuant to rule 80 K of the Maine Rules of Civil Procedure and Title 30-A, M.R.S.A. Section 4452 and as amended.

4-104.4 Issuance of Citation(s)

If the violation has not been corrected within the time period established in the notice, the Code Enforcement Officer may issue, as an alternative to initiating a civil proceeding pursuant Section 4-104.3 (Civil Proceeding) a Citation to the violator.

A. Content of Citation Notice

The Citation shall be in writing, describe the nature of the violation(s), including the Chapter(s), Section(s) violated, state the date by which the violation(s) must be corrected, what corrective action must be taken and that a Civil Penalty, as provided for in the Town of Poland Fee Schedule, is/are imposed for the violation(s), the date by which the penalty must be paid and to whom, and the consequence of failing to pay the penalty(ies) within the period stated.

B. Declaration to the Administrator of the Federal Insurance Administration

In addition to any other actions, the Code Enforcement Officer, upon determination that a violation exist pursuant to Chapter 7, Floodplain Management Standards, shall submit a declaration to the Administrator of the Federal Insurance Administration requesting a denial of flood insurance. The valid declaration shall consist of;

1. the name of the property owner and address or legal description of the property sufficient to confirm its identity or location;

2. a clear and unequivocal declaration that the property is in violation of a cited State law or local Code, ordinance or regulation;

3. a clear statement that the public body making the declaration has authority to do so and a Citation to that authority;

4. evidence that the property owner has been provided notice of the violation and the prospective denial of insurance; and

5. a clear statement that the declaration is being submitted pursuant to Section 1316 of the National Flood Insurance Act of 1968, and as amended.

C. Further Citation Criteria

The Citation shall state the penalties which may be imposed if the violation(s) is/are not corrected within the time period set forth in the first Citation and shall also state the penalties which may be imposed if an additional Citation(s) must be issued for the same violation(s). The Citation shall also state that all additional penalties are cumulative.

D. Serving of Citation Notice

A Citation may be served upon the "violator" by giving the Citation to the "violator" in hand by the Code Enforcement Officer. A Citation may be mailed by certified mail, return receipt requested, to the violator's last known address.

The time period specified in a Citation by the Code Enforcement Officer, within which a violation must be corrected, shall be reasonable in consideration of:

1. The threat posed by such violation(s) to the health, safety and welfare of the public:

2. The nature of the work required to correct the violation(s); and

3. Any notice period given to the "violator" in a previous Citation for the same

violation(s) or pursuant to Section 4-104.2 (Notice of Violation(s).

Civil Penalties shall be imposed for the issuance of a Citation in accordance with the penalties contained in the Town of Poland Fee Schedule.

The Municipal Officers are authorized to establish and modify the Schedule of Penalties contained in the Town of Poland Fee Schedule, after giving notice, and conducting a Public Hearing to consider the establishment or modification of Penalties contained in the Town of Poland Fee Schedule.

4-105.1 Permits for New Buildings or Uses

Any permits issued during a violation shall be to correct the violation only. Permits for new construction or uses on the property or properties in question are not allowed until after the violation(s) is/are corrected.

(FPN: Added 4-27-2002)

4-106 Further Violations

If the violation(s) has/have not been corrected within the time specified in the first Citation, the Code Enforcement Officer may issue a second Citation.

4-106.1 Contents of Second Citation

The second Citation shall contain the same information set forth in the first Citation regarding the nature of the violation(s) but may do so by reference to the first Citation. The second Citation shall also state that, in addition to the civil penalty imposed for the first Citation, a civil penalty as set forth in the Town of Poland Fee Schedule has been imposed for the second Citation. Further, the second Citation shall also state that the continued failure to correct the violation(s) may result in the issuance of further Citations and shall indicate the penalties provided for the issuance of subsequent Citations.

4-106.2 Time Limits for Correcting the Second Citation Violation(s) Notice

The time limits specified for correcting the violation(s) may be the same as that allowed in the first Citation or may be altered if there has been a change in circumstances.

4-106.3 Subsequent Citation

The same procedure shall be followed with regard to the issuance of subsequent Citations.

4-107 Collection Proceedings of Penalty for Nonpayment

4-107.1 Payment Date

All civil penalties imposed by Citation shall be due within five (5) days after the date by which the violation(s) was ordered to be corrected.

Penalties shall be payable to Town of Poland, Maine.

4-107.2 Interest on Penalties

All civil penalties not paid when due shall bear interest at the rate as set forth in the Town of Poland Fee Schedule.

4-107.3 Consequence of Failure to Pay Penalties

The failure to pay when due any civil penalties imposed for violation(s) of any of the laws, standards or rules set forth in Title 30-A, M.R.S.A. Section 4452 (5) and as amended, shall itself constitute a violation of such law, standard or rule for which the "violator" shall be liable for the penalties provided for in Title 30-A, M.R.S.A. Section 4452 (3) and as amended.

4-107.4 Initiation of Proceedings for Collection of Penalties

The Code Enforcement Officer or Town Attorney may initiate appropriate proceedings to collect any civil penalties which are not timely paid together with all interest thereon. Such legal action may include proceedings pursuant to Title 30-A, M.R.S.A. Section 4452 and as amended.

4-108 Repeat Violation(s)

If a "violator" has been previously served with a notice of violation(s) with regard to a specific violation, the "violator" shall not be entitled to receive any further notice of the same violation(s) if it is repeated within twelve (12) calendar months of the date of the first violation.

4-108.1 Repeat Violation(s) Procedure

If a "violator" has been previously served with a notice of violation(s) with regard to a specific violation, within the past twelve (12) calendar months, the Code Enforcement Officer may proceed in accordance with Section 4-104.4 Issuance of Citation(s) without further notice.

Appeals from a determination by the Code Enforcement Officer that a violation of the Code has been committed may be taken to the Poland Board of Appeals in accordance with the specific provisions of the particular Chapter alleged to have been violated. The Appeals procedure for the particular Chapter alleged to have been violated shall be followed in making an Appeal.

(End of Chapter 4)