ARTICLE 5 - ADMINISTRATION

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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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