KENNEBUNKPORT PLUMBING LICENSE ORDINANCE
SECTION 1. SHORT TITLE
This Ordinance shall be known and may be cited as the “Kennebunkport Plumbing License Ordinance” and will be referred to herein as “this Ordinance”.
SECTION 2. AUTHORITY
This Ordinance is enacted pursuant to 30-A M.R.S.A. Section 3001 et seq., as amended: and pursuant to 30-A M.R.S.A. Section 4211, as amended.
SECTION 3. PURPOSES
The Maine Subsurface Wastewater Disposal Rules (“State Rules”) are presently scheduled to change, effective May 1, 1995. Among the proposed changes is one which will reduce the required depth to certain limiting soil horizons, such as bedrock. The purpose of this Ordinance is to continue the depth requirements set forth in the existing State Rules for a period of time to permit the Town of Kennebunkport (“the Town”) to study the potential impact of reducing the required depth. In addition, this Ordinance required that any application for a variance from any provision of the State Rules be approved by the Town’s Board of Selectmen.
SECTION 4. DEPTH TO LIMITING FACTORS
No plumbing permit or building permit may be issued for construction involving a new subsurface wastewater system unless the soil in the area beneath the proposed system meets or exceeds a depth of fifteen (15) inches to bedrock, seasonal water table, or hydraulically restrictive horizon.
SECTION 5. VARIANCES
Any application for a variance must be presented first to the Local Plumbing Inspector who shall review it and make a recommendation to the Selectmen. The Selectmen may not approve a variance application unless they determine that (1) there is no practical alternative; (2) the need for the variance is not the result of action or inaction by the owner or a prior owner of the property; and (3) the applicant will record in the York County Registry of Deeds appropriate deed restrictions on the property as necessary to ensure that conditions for the variance set forth in the application or otherwise required are binding on any future owner of the property.
SECTION 6. STUDY; SUNSET
The provisions of Section 4 of this Ordinance shall remain in effect until March 31, 1996. During this period the Town’s Growth Planning Committee shall study the potential impact in the Town of reducing the depth requirements for the siting of subsurface wastewater disposal systems. The Committee shall report back to the Board of Selectmen no later than December 1, 1995.
SECTION 7. ENFORCEMENT
This Ordinance shall be enforced by the Town’s Code Enforcement Officer (“CEO”). The CEO shall conduct on-site inspections to ensure compliance with this Ordinance and shall have freedom of access during reasonable hours for inspection purposes, with the consent of the property owner. When necessary to carry out the obligations of this section, the CEO may obtain an administrative search warrant from the Maine District Court.
SECTION 8. VIOLATION AND LEGAL ACTION
If, after investigation, the Code Enforcement Officer finds that any provision of this Ordinance is being violated, the CEO shall give written notice by certified mail, return receipt requested, of such violation to the owner and/or to the occupant of such premises, demanding that the violation be abated within a reasonable period of time. If after such notice the violation is not abated within the specified time period, the CEO may, with the approval of the Town Manager, call upon the Town Attorney to institute any actions and proceedings, either legal or equitable, that may be necessary or appropriate to prevent, enjoin, restrain, or abate any violations of this Ordinance. Such proceedings may include, but are nor limited to, an action under 30-A M.R.S.A. Section 4452, as amended, or its successor provisions.
SECTION 9. PENALTIES
Any violations of this Ordinance or any provision thereof shall constitute a civil penalty punishable by a fine of not less than One Hundred Dollars ($100) for each separate violation. Each day during which a violation continues shall constitute a separate violation.
SECTION 10. EFFECTIVE DATE
This Ordinance shall become effective as soon as it receives a favorable vote of the voters of the Town at an annual or special town meeting.
Adopted March 25, 1995
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