The applicant or any person who has participated in opposition
to the application and has demonstrated a particularized harm may,
within 30 days of the decision of the Historic Preservation Commission
to approve or disapprove a certificate of appropriateness or certificate
of demolition, file an appeal with the Planning Board. If a timely
appeal is received, the appeal shall be placed on the agenda of the
Planning Board. Review by the Planning Board shall be appellate in
nature. The Planning Board shall deny the appeal unless it finds that
the action of the Commission was arbitrary or capricious or was not
based on substantial evidence. Except where the Planning Board determines
that injustice would result, the Planning Board shall determine the
appeal without considering any facts or arguments which were not presented
to the Commission. Where the Planning Board finds it necessary to
consider new evidence in order to do substantial justice, it shall
remand the matter to the Commission for further consideration, unless
it determines that the resulting delay would likely result in undue
hardship to the applicant.
The Code Enforcement Officer shall, from time to time, inspect
those historic sites, historic landmarks and historic structures for
which a certificate of appropriateness or certificate of demolition
has been issued to ensure compliance with the terms of the certificate
and to otherwise ensure compliance with this chapter.
Failure to perform any act required by this chapter, or the
performance of any act prohibited by this chapter or by any conditions
of any certificate issued hereunder, shall constitute a violation
and be subject to fine as provided in 30-A M.R.S.A. § 4452,
as the same may be amended or replaced. Each day on which there is
failure to perform a required act or on which a violation exists shall
constitute a separate violation for purposes of this section.
If any provision of this chapter is held invalid, the validity
of the remainder of this chapter shall not be affected thereby.
