ROCKLAND, Maine — The city has filed a lawsuit to stop a North Main Street resident from storing items that will be sold later at flea markets.

Rockland filed the land-use complaint Monday against Harold “Dale” Hayward and his wife, Geraldine B. Hayward.

The city claims that the Haywards erected a fabric structure on their North Main Street home lot before June 30, 2010. The city’s code officer notified the couple that the structure was in violation because no permit had been obtained for the structure. The Haywards were given until Jan. 31 to remove the structure or file an application for a permit, which they have not done, the lawsuit states.

The suit claims the structure is used to store wholesale items to be sold later at flea markets. This also violates city ordinances, according to the city, because that is not a permitted use in that zone.

The lawsuit also alleges the Haywards are violating a city ordinance by allowing sleeping quarters in a garage addition.

Hayward ran unsuccessfully for the City Council in 2010. A telephone message left Monday morning with the Haywards was not returned.

The city is represented by City Attorney Kevin Beal.

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22 Comments

  1. Convince his next door neighbor to “store” about 50 farm animals that are too be sold later at a livestock auction. Chickens are pretty ripe on a hot day.

  2. At least this guy isn’t claiming the fence is a work of art and the stuff behind it are art supplies. He’s messy but honest.

  3. A friend of mine had a pallet with fencing on it in his driveway in Rockland.  The code enforcement officer stopped in and told him he needed a permit.  Friend asked ” I need a permit to have a pallet with fencing on it.”  CEO says “no, you need  a permit to put up a fence, let me see it”.  Friend asked ” Do you see a fence”?  CEO “Yes on the pallet.”  Friend asks ” I need a permit to have a pallet with fencing on it.?    CEO  ” Don’t even think of putting that fence up without a permit”!

    1. Does he have a history of violations with the Rockland code office? If not, this sounds nuts. Is there a portion of the Rockland city charter that says one can be charged with “intent to commit fencing”?  What if he was storing the fencing for his mother, or a job offsite?

      1. “Intent to commit fencing” Hmm, call out the SWAT team- either he has posession of dangerous weapons, or he’s dealin’ in stolen property. Anyway, things must be REAL slow in Rockland– CEO couldn’t get a job on the PD (Prob failed the psych test) so he has to strut his stuff in other ways.

      2. No history,  he had just bought the house in Rockland, and was working for Home Depot.  Had bought the fence for his brother who was coming to pick it up.

  4. Does anyone else feel as though we’re all being regulated to death? The municipalities want us to pay taxes, but God forbid we engage in any kind of industry to make money in order to pay our taxes.

    1. While this may be the case, the issue should not be taken with the CEO, they’re paying him to to enforce the City’s ordinances. It’s funny how misdirected most of the ire is in these forums. If you don’t like the policies take it up with the city officials, not the guy doing the job he’s paid to do. 

  5. Driving around Rockland I see many properties that are clearly not up to code many that have been constructed without permits.  I wonder what it takes for the CEO to take action.  I also wonder why the city deliberately ignores some and enforces others.

    1. How can you drive around Rockland?   I go AROUND, roads are so bad downtown it almost takes a 4-wheel drive.  Other article says the Big Dig is starting again, they are still fighting over the costs of last years Big Dig!

      1. Do you think there is “fighting,” over the overcosts, or, do you think that the city will just pay them.  Does the city ever demand that work be done properly, as opposed to suing a private individual for flea market stuff.

        How many businesses will again suffer?  That ledge that was found on Main Street – unknown to engineers and geologists alike – probably extends a tad over to Limerock.  Another surprise?

    2. Most investigations by local authorities stem from citizen complaints or inquiries. Police and code enforcement have plenty of work to do without finding more. However, when a citizen calls looking for answers for what appears to be a violation-the CEO has no choice but to check into it and take action if a violation is found. Have you ever seen an Animal Control Officer go to someone’s home to quiet down a barking dog without a complaint from a neighbor?

      1. Sorry, but the violations that I have seen and speak to here are obvious to anyone who is interested to see.  

        1. I’m agreeing with you. I’m just saying that perhaps the city does not have complaints on those properties. City officials will deal with a complaint from someone first. They don’t really want to find more work.

        2. More than like it’s a policy issue. If the code office went around looking for violations, as obvious as some maybe, it would be far too easy for someone to cry fowl, and that their being targeted. Complaints or other official means on the books generally keep the municipality out of court. You don’t like something, bring it to their attention? I’m sure that if the violations we’re those that affected personal safety they’d be addressed regardless, so I’m betting they’re more about maintaining a neat and proper house?

          1. I do not know why the City is going after the Haywards.   I do know that the Code Enforcers have more discretion then you believe.

  6. From my experience of living in Rockland: do not try to improve your property, make extra money, or consider your land your own. Unless you live in the “good” neighborhoods, of course.

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