Rockland council candidate fails to comply with order

Posted Sept. 26, 2012, at 2:43 p.m.

ROCKLAND, Maine — A candidate for the Rockland City Council who was taken to court by the city earlier this year for a land-use violation has failed to meet terms of a consent order he agreed to four months ago.

Harold Dale Hayward is one of three candidates for a single seat on the Rockland City Council.

Hayward and his wife Geraldine Hayward signed a consent order on May 24 along with Rockland City Attorney Kevin Beal.

The city filed the land-use complaint against the Haywards in April, claiming they were illegally storing flea market items in a fabric-covered structure on their North Main Street property.

The Haywards agreed to remove the structure by Sept. 30 and to reimburse the city $181 for its costs in filing the complaint in Rockland District Court.

Beal said Tuesday that Hayward has yet to reimburse the city. The consent order stated that half the money should be paid by June 30 and the remainder by July 31.

The structure remains on the property.

The fabric structure was erected before June 30, 2010, without a permit, according to the city’s code office. The city also maintains that the storage of wholesale items that later will be sold at flea markets is not an allowed use in the residential zone where the Haywards live.

Dale Hayward claimed at the time of the consent order that the city had targeted him for selective enforcement. He said there were many other violations that the city could have found elsewhere in the community.

Beal said when the consent order was signed that the city did not seek a fine but only wanted to resolve the code violation.

Hayward filed his nomination papers on Monday. He has run twice before for a council seat. When he ran in 2009 against Harden, Harden won by 1,488 votes to 867. In 1986, Hayward was one of nine candidates seeking two open seats on the council. He finished seventh with 344 votes.

A telephone message was left for Hayward on Wednesday morning.

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