Click here to watch a video on proposed changes to Chapter 165

Chapter 165 Building Construction was updated in 2012 to include the Maine Uniform Building & Energy Code (MUBEC) as required by the State.  The proposed changes to Chapter 165 include moving setbacks from within 5 feet of property lines to 15 feet from property lines, and creating a stiffer penalty for building without a permit.   The specific wording of the proposed change to "After the Fact Permits" is as follows. 

§ 165-26 After-the-fact permits.

In the event that any person is found to have begun work prior to obtaining a permit as required, the permit fees otherwise set forth in the schedule of fees shall be doubled 10% of the project cost, but no less than $250. Project costs will be determined by the valuation of the proposed work as per the MUBEC Building Code § 165-17 (E), or by an assessed valuation of the project to be determined by the Town of Madison Assessing Agent.

Click here to watch a video for regarding the proposed changes to Chapter 290. 

Chapter 290 Property Maintenance Ordinance was enacted in June 2012.  The proposed changes are designed to enhance the Town's ability to enforce the Property Standards.  The new wording is highlighted below.  For a full reading of Chapter 290 click here.

§ 290-5. Grounds maintenance standards.

The grounds of any property shall be kept in good repair and free of unsafe or unsanitary conditions. Such conditions may include excessive vegetation, and properties may be deemed unsafe or unsanitary if they are found to contain: refuse, household trash, junk, discarded plumbing, heating supplies, old or scrap copper, brass, rope, rags, batteries, paper trash, rubber, waste and all scrap iron, steel, other scrap ferrous or nonferrous material, debris, scrap lumber, inoperable machinery or part thereof, glass, unused and inoperable appliances, worn and unused furniture, and one or more junked and/or unserviceable vehicle(s), other than those licensed for storage according to the Town of Madison Automobile Graveyard and Junkyard Ordinance.[1] Materials intended for the private use of the property owner may be stored on the property as long as such material is screened from the public way and from abutting properties and is not in violation with state laws. Private use does not include resale
[1]: Editor's Note: See Ch. 154, Automobile Graveyards and Junkyards.

§ 290-8. Enforcement; violations & penalties; extensions.

A. The CEO, or their designee, shall notify the violator, serving a written notice by certified mail or by hand delivery. Said notice shall explain the nature of the violation and require corrective action within 30 calendar days from the date of the receipt of the notice to correct the violation, seven days (maximum) for a health and/or safety violation as determined by the CEO. The violator may appeal the CEO's decision to the Board of Selectpersons. Appeals must be made within three working days of notification by the CEO of a violation. The number of days given for compliance shall start after the Board of Selectpersons has heard the appeal.

B. If a violation is not corrected within the time allowed, the Town shall pursue all remedies including pursuit of a judge’s order to abate the property and remove the material in violation at the property owner’s expense. In addition the Town shall pursue relief available by law and/or in equity for land use ordinances, including, without limitation, the remedies and relief provided in 30A M.R.S.A. § 4452, currently including, without limitation, a penalty of $100 to $2,500 per day for a specific violation, injunctive relief and reasonable attorney fees, expert witness fees and costs. The Town shall retain all penalties set forth in this chapter.