TOWN OF MEXICO AUTOMOBILE
GRAVEYARDS AND NUISANCE ORDINANCE
PURPOSE: TO ENHANCE THE AESTHETIC VALUE OF THE TOWN OF MEXICO.
1. AUTOMOBILE GRAVEYARD. "AUTOMOBILE GRAVEYARD" MEANS A YARD, FIELD OR OTHER AREA USED TO STORE TWO OR MORE UNSERVICEABLE, DISCARDED, WORN-OUT OR JUNKED MOTOR VEHICLES AS DEFINED IN TITLE 29, SECTION 7, OR PARTS OF SUCH VEHICLES. A. "AUTOMOBILE GRAVEYARD" DOES NOT INCLUDE ANY AREA USED FOR TEMPORARY STORAGE BY AN ESTABLISHMENT OR PLACE OF BUSINESS WHICH IS PRIMARILY ENGAGED IN DOING AUTO BODY REPAIR WORK TO MAKE REPAIRS TO RENDER A MOTOR VEHICLE SERVICEABLE.
2. HIGHWAY. "HIGHWAY" MEANS ANY PUBLIC WAY.
3. INTERSTATE SYSTEM. "INTERSTATE SYSTEM" MEANS THOSE PORTIONS OF THE MAINE TURNPIKE AND THE STATE HIGHWAY SYSTEM INCORPORATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS, AS OFFICIALLY DESIGNATED BY THE DEPARTMENT OF TRANSPORTATION.
4. JUNKYARD. "JUNKYARD" MEANS A YARD, FIELD OR OTHER AREA USED TO STORE: A. DISCARDED, WORN-OUT OR JUNKED PLUMBING,HEATING SUPPLIES, HOUSEHOLD APPLIANCES AND FURNITURE; B. DISCARDED, SCRAP AND JUNKED LUMBER; C. OLD OR SCRAP COPPER, BRASS, ROPE, RAGS, BATTERIES, PAPER TRASH, RUBBER DEBRIS, WASTE AND ALL SCRAP IRON, STEEL AND OTHER SCRAP FERROUS OR NONFERROUS MATERIAL; D. GARBAGE DUMPS, WASTE DUMPS AND SANITARY FILLS.
5. DEFINITION, ANY VIOLATION OF THIS ORDINANCE SHALL BE DEEMED A NUISANCE.
6. ANY CAR PARTS, JUNK VEHICLES,OR ANY ITEMS LISTED IN #4 (A,B,C,& D)
SHALL BE COMPLETELY OBSCURED YEAR ROUND FROM PUBLIC VIEW. TWO OR MORE JUNK
VEHICLES CONSTITUTE THE NEED FOR A AUTOMOBILE GRAVEYARD PERMIT.
A. CONFORMITY WILL BE ADDRESSED UPON APPROVAL OF THE ORDINANCE.
B. ALL PREMISES, LAND, OR PARTS THEREOF WITH PERMITS, BUT FOUND TO BE IN
NON-COMPLIANCE WILL HAVE UNTIL DECEMBER 31, 1995 TO BE IN COMPLIANCE WITH THIS
ORDINANCE.
C. ALL PREMISES, LAND, OR PARTS THEREOF WITHOUT PERMITS AND FOUND TO BE IN
NON-COMPLIANCE WILL BE CHALLENGED TO CORRECT THE VIOLATION(S) UPON APPROVAL OF
THIS ORDINANCE. NOTE: THOSE THAT FALL UNDER "C" SHALL HAVE 30 DAYS TO
COMPLY.
D. WHEN THE ABOVE ACTION DOES NOT RESULT IN THE CORRECTION OR ABATEMENT OF THE
VIOLATION OR NUISANCE CONDITION, THE MUNICIPAL OFFICERS, UPON NOTICE FROM THE
CODE ENFORCEMENT OFFICER AND RECOMMENDATION OF THE PLANNING BOARD ARE HEREBY
DIRECTED TO INSTITUTE ANY AND ALL ACTIONS AND PROCEEDINGS, EITHER LEGAL OR
EQUITABLE, INCLUDING SEEKING INJUNCTIONS OF VIOLATIONS AND THE
IMPOSITION OF FINES, THAT MAY BE APPROPRIATE OR NECESSARY TO ENFORCE THE
PROVISIONS OF THIS CODE IN THE NAME OF THE MUNICIPALITY. THE MUNICIPAL OFFICERS,
OR THEIR AUTHORIZED AGENT, ARE HEREBY AUTHORIZED TO ENTER INTO ADMINISTRATIVE
CONSENT AGREEMENTS FOR THE PURPOSE OF ELIMINATING VIOLATIONS OF THIS CODE AND
RECOVERING FINES WITH OUT COURT ACTIONS.
7. LIABILITY FOR VIOLATIONS: ANY PERSON, INCLUDING, BUT NOT LIMITED TO, A
LANDOWNER, THE LANDOWNER'S AGENT OR A CONTRACTOR, WHO VIOLATES ANY OF THE LAWS
OR ORDINANCES SET FORTH IN THIS ORDINANCE IS LIABLE FOR THE PENALTIES SET FORTH
AS FOLLOWS:
A. THE MINIMUM PENALTY FOR STARTING CONSTRUCTION OR UNDERTAKING A LAND USE
ACTIVITY WITHOUT A REQUIRED PERMIT IS $100, AND THE MAXIMUM PENALTY IS $2,500.
B. THE MINIMUM PENALTY FOR A SPECIFIC VIOLATION IS $100, AND THE MAXIMUM PENALTY
IS $2,500.
C. THE VIOLATOR MAY BE ORDERED TO CORRECT OR ABATE THE VIOLATIONS UNLESS THE
ABATEMENT OR CORRECTION RESULTS IN: (1) A THREAT OR HAZARD TO PUBLIC HEALTH OR
SAFETY; (2) SUBSTANTIAL ENVIRONMENTAL DAMAGE; OR (3) A SUBSTANTIAL INJUSTICE.
D. IF THE MUNICIPALITY IS THE PREVAILING PARTY, THE MUNICIPALITY MUST BE AWARDED
REASONABLE ATTORNEY FEES, EXPERT WITNESS FEES AND COSTS, UNLESS THE COURT FINDS
THAT SPECIAL CIRCUMSTANCES MAKE THE AWARD OF THESE FEES AND COSTS UNJUST. IF THE
DEFENDANT IS THE PREVAILING PARTY, THE DEFENDANT MAY BE AWARDED REASONABLE
ATTORNEY FEES, EXPERT WITNESS FEES AND COSTS AS PROVIDED BY COURT RULE.
E. IN SETTING A PENALTY, THE COURT SHALL CONSIDER, BUT IS NOT LIMITED TO, THE
FOLLOWING:
(1) PRIOR VIOLATIONS BY THE SAME PARTY;
(2) THE DEGREE OF ENVIRONMENTAL DAMAGE THAT CANNOT BE ABATED OR CORRECTED;
(3) THE EXTENT TO WHICH THE VIOLATION CONTINUED FOLLOWING A MUNICIPAL ORDER TO
STOP; AND
(4) THE EXTENT TO WHICH THE MUNICIPALITY CONTRIBUTED TO THE VIOLATION BY
PROVIDING THE VIOLATOR WITH INCORRECT INFORMATION OR BY FAILING TO TAKE TIMELY
ACTION.
F. THE MAXIMUM PENALTY MAY EXCEED $2,500, BUT MAY NOT EXCEED $25,000, WHEN IT IS
SHOWN THAT THERE HAS BEEN A PREVIOUS CONVICTION OF THE SAME PARTY WITHIN THE
PAST TWO YEARS FOR A VIOLATION OF THE SAME LAW OR ORDINANCE.
G. THE PENALTIES FOR VIOLATIONS OF WASTE DISCHARGE LICENSES ISSUED BY THE
MUNICIPALITIES PURSUANT TO TITLE 38, M.R.S.A., OR VIOLATIONS OF A SEPTAGE LAND
DISPOSAL OR STORAGE SITE PERMIT ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION UNDER TITLE 38, M.R.S.A.
H. IF THE ECONOMIC BENEFIT RESULTING FROM THE VIOLATION EXCEEDS THE APPLICABLE
PENALTIES UNDER THIS SECTION,THE MAXIMUM CIVIL PENALTIES MAY BE INCREASED. THE
MAXIMUM CIVIL PENALTY MAY NOT EXCEED AN AMOUNT EQUAL TO TWICE THE ECONOMIC
BENEFIT RESULTING FROM THE VIOLATION. ECONOMIC BENEFIT INCLUDES, BUT IS NOT
LIMITED TO, THE COSTS AVOIDED OR ENHANCED VALUE ACCRUED AT THE TIME OF THE
VIOLATION AS A RESULT OF THE VIOLATOR'S NON COMPLIANCE WITH THE APPLICABLE LEGAL
REQUIREMENTS.
NOTE: ENFORCEMENT WILL BEGIN ON THE DATE OF APPROVAL OF THE ORDINANCE.
DATE:_______________________
_____________________________________ JOSEPH DEROUCHE, CHAIRMAN
_____________________________________ ARTHUR BORDEAU
_____________________________________ MARC DUPUIS
_____________________________________ ROBERT LYONS
_____________________________________ LOUISE WATERHOUSE SELECTMEN, TOWN OF MEXICO
____________________________________ DANIEL CASEY, PLANNING BOARD CHAIRMAN