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Select Board to seek attorney fees and maximum fine in Bigelow Hill code case, discusses incentives for prompt removal
Summary
Code Enforcement Officer Chris Parks told the Select Board he will represent the town in a June 10 court hearing over three alleged code violations at a Bigelow Hill property. The board agreed to ask for attorney’s fees and the maximum fine allowable but discussed incentives — including a 30-day removal window and reduced fine if the structure is removed before court.
The Carrabassett Valley Select Board agreed at a May 19 special meeting to instruct town counsel to seek attorney’s fees and the maximum fine allowed under law in a scheduled June 10 court hearing over alleged code violations at a Bigelow Hill property. Code Enforcement Officer Chris Parks told the board he will represent the Town at that hearing and asked for guidance on penalty levels.
Parks outlined three alleged violations: no building permit application was submitted for an accessory structure placed on or about May 24, 2023; the accessory appears roughly 14 by 30 feet and would exceed allowable expansion for a non-conforming lot (it has not been formally measured); and the structure appears not to meet required setbacks. Parks asked whether the board wanted the attorney to seek monetary penalties, remediation, or other remedies.
Board members said they were inclined to seek full penalty while offering an incentive for a quick fix. Options discussed included giving the owner 30 days to remove the structure and address all violations with minimum costs; reducing a proposed fine to $500 if the structure is removed before the final court date; or imposing a daily fine if the structure remains (discussion referenced $2,500 per day as an example). The board also discussed other enforcement tools such as placing a lien on the property or using eminent domain, but agreed those options would require further consideration.
Select Board members additionally noted the Town is pursuing only code violations, not citing the structure for unsightly appearance, because Carrabassett Valley does not have a junk-yard ordinance. The board scheduled a preparatory meeting for counsel and the CEO on June 6 to finalize the Town’s position before the June 10 hearing.
The board did not record a formal vote on a single, specific dollar penalty during the meeting; minutes state the board was "amenable to full penalty with an incentive for a quick fix" and that the matter would be revisited in the preparation meeting.
What’s next: Town counsel and the Code Enforcement Officer will meet June 6 to prepare for the June 10 court hearing. The Select Board indicated it will revisit the penalty amount and remedies as part of that preparation.
