Wells Select Board weighs 5-day grace period, data review after residents protest $1,000 unpermitted-work fine

WELLS, Maine — The Select Board on Nov. 12 opened a workshop on the town's recently revised code-enforcement fee schedule, focusing on whether a $1,000 first-offense fine for work done without a permit is appropriate for homeowners who say they were unaware a permit was required.

Jodine, the town's code enforcement representative, told the board the fee structure was developed with the budget review committee and the board of selectmen after workshops in September and October and is set to take effect Jan. 1. "The fee structure was, decided between the budget board and the board of selectmen," Jodine said, adding that the department plans to revisit the schedule annually.

Several Select Board members pressed for relief for inadvertent, first-time residential violations. "I don't think that ever should be a first time fine for a thousand dollars," said a Select Board member (Speaker 1), arguing a warning or lesser penalty is fairer to homeowners who may not know what requires a permit.

Board members proposed a compromise: retain the $1,000 cap to deter repeat or egregious offenders while offering residential property owners a one-time warning and a five-business-day window to obtain a permit after a stop-work notice. "If someone is identified, perhaps give five business days for them to secure a permit," one member said; staff noted a stop-work order would remain in effect during any grace period.

Code enforcement staff defended the higher fine as an effective deterrent. Jodine cited recent enforcement activity: "In 02/2024 we've issued 71 stop work orders," and said staff reduced penalties in roughly half of cases based on the nature of the work. Staff also emphasized life-safety concerns that make permits critical for certain repairs, such as guardrails and stairs.

The workshop also turned to how fines and fees are budgeted. Several board members raised concerns about the optics of fines being retained within a code enforcement enterprise fund. Finance staff estimated it would cost about $1.2 million a year to operate the enterprise; moving permit revenue or fines back to the general fund would require an annual review and likely change the tax base. "We established this account because the budget review committee strongly recommended that we do so," a finance staff member said, and the board asked staff to compile a year of data comparing revenues and fines to prior practice.

Board members and staff agreed that more drafting and public consultation are needed before any ordinance change. The Select Board directed staff to return with data and proposed ordinance language at a future workshop; no vote on the fee schedule was taken. The meeting ended after a motion to adjourn passed by voice vote.