[HISTORY: Adopted by the City Council of the City of Sanford 5-7-2019 by Order No. 19-258-01. Amendments noted where applicable.]
Pursuant to 30-A M.R.S.A. §§ 2691 and 3001, there
is hereby created a Board of Appeals for the City to hear appeals
as expressly authorized in the Sanford City Code.
A.
The Board of Appeals shall consist of the number of members set forth
in the City Charter who shall be appointed by the City Council and
who shall serve without pay and who shall be representatives of the
City at large. Each member shall be appointed for a term of three
years. Members appointed shall be residents of the City. A City Councilor
or his/her spouse may not be a member of the Board of Appeals.
B.
A vacancy may occur by reason of resignation, death, giving up residency
or failure to attend at least 75% of all meetings during the previous
12 months. The Chair of the Board of Appeals shall immediately notify
the City Council in writing of any vacancy when it occurs.
C.
Members may be removed for cause by the City Council after presentation
of written charges and public hearing.
The operation of the Board of Appeals shall be governed by the
following:
A.
Officers. The Board of Appeals shall annually elect a Chair and Secretary
and such other officers as it chooses from its own membership.
B.
Meetings.
(1)
Meetings of the Board of Appeals shall be held regularly, at least
twice each month. The Board of Appeals may cancel one or more of the
required meetings if there are no applications for its consideration.
All meetings of the Board of Appeals will be open to the public.
(2)
The Chair shall also call meetings of the Board of Appeals when requested
to do so by a majority of the members or by the City Council.
C.
Records. The Secretary, acting through the Code Enforcement Officer,
shall maintain a permanent record of all Board of Appeals meetings
and all of its correspondence. The Secretary shall be responsible
for maintaining those records which are required as part of the various
proceedings which may be brought before the Board of Appeals, such
as, but not limited to, the vote of each member upon each question.
All records to be maintained or prepared by the Secretary are deemed
public, shall be filed in the Municipal Clerk's office and may
be inspected at reasonable times.
D.
Quorum. A quorum of the Board of Appeals necessary to conduct an
official meeting shall consist of at least a majority of the Board's
membership.
E.
Conflict of interest. Prior to consideration of an application, any
member who believes he or she may have a conflict of interest relative
to the item shall advise the Chair of the potential conflict and the
reasons therefor. Any question of whether a particular issue involves
a conflict of interest sufficient to disqualify a member from voting
thereon shall be decided by a majority vote of the members, except
the member who is being challenged.
F.
Evidence. The Board of Appeals may receive any oral or documentary
evidence but shall provide as a matter of policy for the exclusion
of irrelevant, immaterial or unduly repetitious evidence. Every party
has the right to present the party's case or defense by oral
or documentary evidence, to submit rebuttal evidence and to conduct
any cross-examination that is required for a full and true disclosure
of the facts.
G.
Public record of deliberations. The transcript or tape recording
of testimony, if such a transcript or tape recording has been prepared
by the Board of Appeals, and the exhibits, together with all papers
and requests filed in the proceeding, constitute the public record.
All decisions become a part of the record and shall include a statement
of findings and conclusions, as well as the reasons or basis for the
findings and conclusions, upon all the material issues of fact, law
or discretion presented and the appropriate order, relief or denial
of relief.
H.
Reconsideration of Board of Appeals actions. The Board of Appeals
may reconsider any decision within 45 days of its prior decision.
A request of the Board of Appeals to reconsider a decision must be
filed within 10 days of the decision that is being requested for reconsideration.
A vote to reconsider and the action taken on that reconsideration
shall occur and be completed within 45 days of the date of the vote
on the original decision. The Board of Appeals may conduct additional
hearings and receive additional evidence and testimony as provided
in this section.
I.
Appeal of Board of Appeals actions. Any party may take an appeal,
within 45 days of the date of the vote on the final decision, to Superior
Court from any order, relief or denial in accordance with the Maine
Rules of Civil Procedure, Rule 80B. This time period may be extended
by the Court upon motion for good cause shown. The hearing before
the Superior Court shall be without a jury.
The Board of Appeals shall have only the powers listed below,
except when the Sanford City Code provides jurisdiction to hear other
matters:
A.
Filing of appeal.
(1)
For administrative appeals, the applicant shall file the appeal with
the Code Enforcement Officer setting forth the grounds of their appeal.
(2)
For variance appeals, the applicant shall file the appeal with the
Code Enforcement Officer, setting forth the grounds for granting of
a variance.
(3)
The appeal shall be filed on forms approved by the Board of Appeals.
(4)
The appeal shall be filed within 30 days of the decision which is
being appealed.
(5)
The fees to accompany the application shall be listed on the application.
(6)
Upon receiving the application, the Code Enforcement Officer shall
notify the Chairperson of the Board.
B.
Hearing and notification.
(1)
The Board of Appeals shall notify, by mail, the applicant and the
owners of property abutting the property for which an appeal is taken,
at least 10 days in advance of the hearing, of the location of the
building or lot, the nature of the appeal and of the time and place
for the hearing thereon.
(2)
The owners of property shall be considered to be those against whom
taxes are assessed. Failure of any property owner to receive a notice
of a hearing shall not necessitate another hearing or invalidate any
action by the Board of Appeals.
(3)
Following the filing of a complete appeal application, the Board
of Appeals shall hold a hearing on the appeal within 30 days.
C.
Hearing procedures.
(1)
At any hearing, a party may be represented by agent or attorney.
Hearings shall not be continued to other times except for good cause.
(2)
The Board of Appeals may request the Code Enforcement Officer or
his or her designated assistant to attend hearings and/or present
to the Board of Appeals all plans, photographs, or other materials
the Board of Appeals deems appropriate for an understanding of the
appeal.
(3)
The appellant's case shall be heard first. To maintain orderly
procedure, each side shall proceed without interruption. Questions
may be asked through the Chair. All persons at the hearing shall abide
by the order of the Chair.
It is the intent and purpose of this section to establish fees
which bear a reasonable relationship to the cost incurred by the City
in the administration and enforcement of this chapter and other applicable
laws and regulations.
A.
To accomplish such purpose all application fees and charges shall
be paid in advance at the time of application to the Code Enforcement
Officer. All fees are nonrefundable regardless of the outcome of the
appeal.
B.
The fee shall be established in the schedule of fees, as may be adopted
by the City Council from time to time.
