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8.1 ADMINISTRATION
8.1.1 ENFORCEMENT
It shall be the duty of the Harbor Master, or his designees, to enforce the provisions of this ordinance. If the Harbor Master, or his designees, shall find that any provision of this ordinance, or any rule or regulation promulgated pursuant to its authority, is being violated, he shall notify the person responsible for such violation, either verbally or in writing, indicating the nature of the violation and ordering the necessary action to correct it. If in writing, notice is sufficient three business days after mailing to the person’s last known address. A copy of written notices shall be maintained as a permanent record.
8.1.2 FINES
Except as otherwise specified in this ordinance, persons who violate any provision of this ordinance after receiving notice of such violation shall be subject to a fine of not less than $20.00 nor more than $100.00 for each violation. Each day such a violation is continued is a separate offense. All fines shall be payable to the Town of Mount Desert. (Payment within 30 days of date of issue or all harbor privileges will be revoked)
8.1.3 LEGAL ACTIONS
When the above action does not result in the correction or abatement of the violation or nuisance condition, the Board of Selectmen, upon notice from the Harbor Master, or his Deputy, may initiate legal proceedings, which may include seeking injunctions, imposing fines or any other action deemed necessary to enforce the provisions of this ordinance in the name of the Municipality. In any such action in which the Municipality prevails, it shall be awarded attorney's fees, court costs and any other relief to which it may be entitled.
8.2 APPEALS
8.2.1 Any and all persons aggrieved directly or indirectly by a decision, order, rule or act, or the failure to act of the Harbor Master may appeal said decision, order, rule, act, or failure to act. Such appeal must be in writing, directed to the Marine Management Committee, and filed within 10 days of said decision, order, rule, act, or the failure to act. The appeal must state with specificity, the decision, order, rule, act, or failure to act, and state the reasons for appeal. The Marine Management Committee, upon hearing the appeal, may affirm, modify or set aside the decision, order, rule, act, or failure to act, only if such is not supported by any facts, or is clearly contrary to the intent and specific provisions of this ordinance. Any and all persons aggrieved directly or indirectly by a decision, order, rule or act, or
failure to act of the Marine Management Committee may appeal said decision, order, rule, act or failure to act. Such appeal must be in writing, directed to the Board of Selectmen, and filed within ten days. The Board of Selectmen, upon hearing the appeal, may affirm, modify or set aside the decision, order, rule, act, or failure to act, only if such is not supported by any facts, or is clearly contrary to the intent and specific provisions of this ordinance.
8.2.2 An appeal from the decision of the Board of Selectmen may be taken by the aggrieved party or parties to Maine Superior Court, in accordance with Maine Rules of Civil Procedure 80B.
8.3 SEPARABILITY
Should any section or part of a section or any provision of this ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of this ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
8.4 CONFLICT WITH OTHER LAWS
Whenever a provision of this ordinance conflicts with or is inconsistent with another provision of this ordinance or of any other ordinance, regulation, or statute, the provision imposing the greater restriction shall control.
8.5 REPEAL OF PRIOR ORDINANCES
All prior Harbor Ordinances are repealed.
8.6 AMENDMENT
Any amendment to this ordinance shall be adopted by the legislative body.
8.7 EFFECTIVE DATE
This ordinance shall become effective upon adoption by the legislative body and shall remain in effect until amended or repealed by the legislative body.
8.8 PERIOD OF THE ORDINANCE
This ordinance shall remain in effect for a period of fifteen (15) years from the effective date.
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