PERU – The Board of Appeals voted Tuesday night to uphold Paul Bickford’s contention that the code enforcement officer has no authority to fine him for alleged violations to the shoreland zoning ordinance.
The question of the violations at Bickford’s property on Worthley Pond was referred back to the Planning Board.
Bickford received a building permit in 2002, and in 2004 he was charged by then-Code Enforcement Officer Mike Boyd with changing the dwelling from seasonal to year-round, changing the setback distance from the water and changing the elevation of the building.
The Planning Board fined Bickford $16,800.
Bickford, through attorney David Austin, took the matter to the Board of Appeals, arguing that the fines were not justified and even if they were, only a court could impose them. Austin also said it was illegal for the Planning Board to have met twice to discuss fines against his client without notifying him.
On Tuesday, Appeals Board Chairman Bill Gates read an opinion from town attorney Pat Scully to Selectman Kathy Hussey that said he saw no clear basis for fines to be levied except by court action. He suggested the town concentrate on whether there is a violation. If the town believes there is a violation, it should then decide whether to pursue enforcement in court, he said.
Member Jim Pulsifer made a motion that the Appeals Board uphold the portion of the appeal stating that the code enforcement officer could not levy fines directly and to refer the question of violations back to the Planning Board.
The motion passed, and the board immediately worked on drafting a formal reply to Bickford.
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