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 Falmouth
 Code of Ordinances
 Part II. Code Of Ordinances
 Chapter 1. General Provisions

  § 1-14. General penalty; continuing violations; consent agreements

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  • (a) Whenever in this Code or in any ordinance of the town any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefore and except as otherwise provided by state law, the violation of any such provision of this Code or any ordinance shall be punished by a fine not to exceed the maximum amount as allowed by 30-A M.R.S.A. § 4452 for each offense. All fines shall be recovered to the use of the town on complaint or by other appropriate action before a court of competent jurisdiction.

    (b) The imposition of a penalty for violation of any ordinance shall not excuse the violation, or permit it to continue. Such violation shall be remedied within a reasonable time, and each day that a violation is permitted to exist shall constitute a separate offense. The impostion of penalties for violation of any ordinance shall not preclude the town attorney from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, removal, maintenance or use, or to restrain, correct or abate a violation or to prevent the occupancy of a building, structure or premises or to prevent an illegal act, conduct, business or use in or about any premises.

    (c) In determining what, if any, civil penalty to impose as part of a consent agreement entered into pursuant to section 8.2.1 of the zoning and site plan review ordinance, the town council may consider:

    (1) How long the violation has existed;

    (2) The circumstances surrounding the construction which violates the setback;

    (3) Whether a building permit was issued for the construction;

    (4) Whether the violation is the result of survey work conducted after the construction which resulted in a shift of the boundary line; and

    (5) Such other facts as the council deems relevant.

(Code 1966, Ch. 101, § 4, Ch. 201, § 1, Art. II, §§ 112, 113; Amd. of 11-24-2008)

refeditor

The Amd. of Nov. 24, 2008 changed the title of § 1-14 from general penalty; continuing violations to general penalty; continuing violations; consent agreements.