5.1 Enforcement.
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It shall be
the duty of the Code Enforcement Officer or other person duly qualified and
authorized by the Town of Buxton to enforce the provisions of this Ordinance
and/or any applicable Ordinance of this Town. If the Code Enforcement Officer shall find that any of the provisions of
this Ordinance are being violated, he shall notify in writing the person
responsible for the violations indicating the nature of the violation and
ordering the action necessary to correct it. He shall take any other action authorized by this Ordinance to insure
compliance with or to prevent violation of its provisions.
5.2 Legal Action and Violations.
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When any
violation of any provision of the Ordinance shall be found to exist, the Code
Enforcement Officer is hereby authorized and directed to institute any and all
actions and proceedings either legal or equitable that may be appropriate or
necessary for the enforcement of the provisions of this Ordinance, the same to
be brought in the name of the Town. This
provision shall not prevent any person aggrieved by a violation of this
Ordinance from taking appropriate legal action against the violator.
5.3 Fines.
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Any person,
firm or corporation being the owner of or user of any building or premises or a
landowner's agent or a contractor who violates any of the provisions hereof
shall be fined in accordance with Title 30-A M.R.S.A., Section 4452. Each day such violation exists after notification in writing, sent by
certified mail, shall constitute a separate offense. All fines collected hereunder shall inure to the Town of Buxton.
5.4 Building Permit.
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Except as
provided in Section 5.5, no building or other structure shall be erected, moved,
added to or structurally altered without a permit issued by the Code Enforcement
Officer. In areas of Special Flood
Hazard, as established in Article 3.3, permits shall be issued according to the
provisions of Article 14 of this Ordinance, without regard to section 5.5.
No building permit shall be issued except in conformity
with the provisions of this Ordinance except after written order from the Board
of Appeals. All building permits
shall be void unless work there under is commenced within six months from the
date of issuance. A renewal of the
permit shall be required if work is not completed within eighteen (18) months of
the date of issuance. Permit may be
renewed only upon application with required fees.
5.5 Minimum Amount.
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No permit
shall be required for the construction, alteration, relocation or replacement of
any building or part thereof, so long as it conforms with the provisions of the
Building Code of the Town of Buxton and this Ordinance to the extent of $1,000
or less in total estimated project value. The burden of proof in regard to this value rests with the
property owner.
5.6 Application
for Building Permit.
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5.6.A. All applications for building
permits shall be accompanied by plans clearly showing the lot lines, the size
and location of proposed and existing structures. Where applicable, the location of parking areas, subsurface sewage
disposal systems, wells, landscaping and signs shall also be shown. The application shall also include other information as
lawfully may be required by the Code Enforcement Officer to determine the
conformance with this Ordinance.
5.6.B. The approval of all building permit applications shall be subject to
evidence of compliance with the State Subsurface Wastewater Disposal Rules and
Title 30-A, M.R.S.A., Section 4211.
5.6.C. The Code Enforcement Officer shall approve or deny an application for a
permit within ten working days of receipt of a complete application.
5.7 Certificate
of Occupancy.
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5.7.A. No new building or addition shall be occupied after its construction,
alteration or relocation, nor shall a new use be established in an existing
building until a Certificate of Occupancy has been issued by the Code
Enforcement Officer. Upon
notification by the owner or his agent, the Code Enforcement Officer shall,
within 72 hours, make proper examination to verify that the work or new use is
in compliance with this Ordinance and the Buxton Building Code. If all work is found to be in compliance, the Code Enforcement Officer
shall issue a Certificate of Occupancy.
5.7.B. Temporary Certificate - The Code Enforcement Officer may issue a
temporary Certificate of Occupancy for a period of six (6) months for part of a
building or structure, provided that such temporary occupancy or use will not
jeopardize health, life or property. Renewal
of a temporary Certificate may be issued by the Code Enforcement Officer when
the owner or his agent can show reasonable cause.
5.8 Permit
Fees.
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An
application for a building permit shall be accompanied by a fee. The Municipal Officers shall establish the fee schedule each calendar
year.
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