Maine Revised Statutes Title 38 Sec. 441 – Code enforcement officers
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(REALLOCATED FROM TITLE 12, SECTION 4812-C)
(REALLOCATED FROM TITLE 12, SECTION 4812-C)
1. Appointment. In every municipality, the municipal officers shall annually by July 1st appoint or reappoint a code enforcement officer, whose job may include being a local plumbing inspector or a building official and who may or may not be a resident of the municipality for which that person is appointed. The municipal officers may appoint the planning board to act as the code enforcement officer. The municipal officers may remove a code enforcement officer for cause, after notice and hearing. This removal provision only applies to code enforcement officers who have completed a reasonable period of probation as established by the municipality pursuant to Title 30?A, section 2601. If not reappointed by a municipality, a code enforcement officer may continue to serve until a successor has been appointed and sworn.
[RR 2007, c. 2, §25 (COR).]
Terms Used In Maine Revised Statutes Title 38 Sec. 441
- Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
2. Certification; authorization by municipal officers. No person may serve as a code enforcement officer who is authorized by the municipal officers to represent the municipality in District Court unless that person is currently certified under Title 30?A, section 4453, as being familiar with court procedures.
Upon written authorization by the municipal officers, a certified code enforcement officer may serve civil process on persons whom that officer determines to be in violation of ordinances adopted pursuant to this chapter and, if authorized by the municipal officers, may represent the municipality in District Court in the prosecution of violations of ordinances adopted pursuant to this chapter.
[PL 1997, c. 296, §11 (AMD).]
3. Powers and duties. The duties of the code enforcement officer shall include the following:
A. Enforce the local shoreland zoning ordinance in accordance with the procedures contained therein; [PL 1985, c. 481, Pt. A, §29 (RAL).]
B. Collect a fee, if authorized by a municipality, for every shoreland permit issued by the code enforcement officer. The amount of any such fee shall be set by the municipality. The fee shall be remitted to the municipality; [PL 1985, c. 481, Pt. A, §29 (RAL).]
C. 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; and [PL 2013, c. 320, §14 (AMD).]
D. Investigate complaints of alleged violations of local land use laws. [PL 1985, c. 481, Pt. A, §29 (RAL).]
[PL 2013, c. 320, §14 (AMD).]
SECTION HISTORY
PL 1983, c. 796, §4 (NEW). PL 1985, c. 481, §A29 (RAL). PL 1985, c. 737, §A111 (AMD). PL 1987, c. 737, §§C87,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1989, c. 403, §§10,11 (AMD). PL 1991, c. 346, §10 (AMD). PL 1997, c. 296, §11 (AMD). RR 2007, c. 2, §25 (COR). PL 2013, c. 320, §14 (AMD).