[HISTORY: Adopted by the Town Council of the Town of Sanford
(now City Council of the City of Sanford) 4-3-2012;[1] amended in its entirety 2-5-2019 by Order No. 18-437-01. Subsequent amendments
noted where applicable.]
The City Council has determined that it is in the public interest
to address the problems surrounding real properties whose owners,
occupants, or visitors disturb the peace and tranquility of the community,
and the ability of residents of reasonable sensibilities to peacefully
enjoy their own premises in a manner that is free from loud, offensive,
riotous, or otherwise disruptive behavior or nuisance. The City Council
has determined that, in its judgment, failure to address this problem
through reasonable regulation and enforcement will be detrimental
to the public health, safety, and welfare. Therefore, in the exercise
of its Home Rule Authority under the laws of Maine, the City Council
hereby enacts this chapter as a determination of local needs and preferences,
and out of concern for the health, safety, and welfare of the City
of Sanford.
A.
No person shall occupy as owner-occupant or shall allow another to
occupy a dwelling, dwelling unit, rooming house, or rooming unit (hereinafter
jointly and severally "building") which is a disorderly house as defined
herein.
B.
A "disorderly house" is any building which:
(1)
The police have visited a minimum number of times in any thirty-day period, as set forth in Subsection B(3) below, in response to situations which are created by the owner, tenants, or owner's or tenants' cohabitees, guests or invitees and which would have a tendency to unreasonably disturb the community, the neighborhood or an ordinary individual in the vicinity of said building, including, but not limited to: loud music; boisterous parties; sounds emanating from within the structure which are audible outside the building; loud noise or fights within the building or in its vicinity involving tenants of the building or their invitees (excluding incidents involving domestic violence); tenants or invitees of tenants being intoxicated on public ways in the vicinity of the building; other similar activities in the building or outside the building itself; or
(2)
The police have visited three or more times in any thirty-day period
in response to situations which are created by the owner, tenants,
or owner's or tenants' cohabitees, guests or invitees and
involve the arrest of the owners or tenants or their invitees for
activities which constitute either a crime or civil infraction under
either state or local law, or create a reasonable suspicion that illegal
drug use or sales under Title 17-A M.R.S.A., Chapter 45, or prostitution
or public indecency under Title 17-A M.R.S.A., Chapter 35, has occurred.
(3)
The following table delineates the number of police visits per dwelling size which create a disorderly house under Subsection B(1) above:
|
Units per Building
|
Number of Visits by Police in Any 30-Day Period
|
|---|---|
|
5 or fewer
|
3
|
|
6 to 10
|
4
|
|
11 or more
|
5
|
(4)
The situations to which the visit pertains shall be documented by
the Police Department. Such documentation may include sworn affidavits
by named citizens which may be sufficient to create a reasonable suspicion
said illegal activity has occurred.
Whenever a building has been visited by the police two or more times in a thirty-day period in response to situations as described in § 114-2, the Police Department or any other agent designated by the City Manager shall notify the owner of the said visits, at the address listed on the City's tax rolls. The City is under no obligation to provide a notice of hot spot designation prior to notice of disorderly house designation.
A.
Whenever a building has been identified as a disorderly house by
the City, the City shall send written notification of the events which
form the basis for that designation to the owner at the address listed
on the City's tax rolls. Such notice shall be sufficient for
all legal purposes. The notice shall require the owner to meet with
representatives of the City (including the Police Department) within
five business days from the date of the written notification, or such
other time as is agreed upon by the Police Chief or his or her designee,
to identify ways in which the problems which have been identified
will be eliminated.
B.
At the time of said meeting, the owner shall be obligated to provide
to the City the following documentation:
(1)
A copy of the names of all tenants or other persons authorized to
reside or presently residing in the building and the units they occupy.
(2)
Copies of all leases with tenants residing in the building.
(3)
Contracts with any property manager or other person responsible for
the orderly operation of the building.
(4)
Accurate and up-to-date disclosure of documentation of building ownership.
C.
During the owner's meeting with the City, the owner shall agree
to take effective measures to address the disorderly house, which
measures shall be memorialized in a written agreement at the conclusion
of the meeting with the City and shall be implemented within one week
of said meeting unless another date is agreed upon by the City or
its representatives. Failure to enter into such an agreement at the
conclusion of the meeting will be deemed a violation of this chapter,
and the City may file a complaint in the district court seeking all
compensatory and equitable relief permitted by law and may suspend
or revoke rental housing licenses held by the owner as set forth in
§ 149-5.
D.
Designation as a disorderly house will continue until such time as
measures taken have been deemed completed by the Police Chief.
E.
If the same building should be designated as a disorderly house on
a subsequent occasion within the three years, then the City is under
no obligation to meet with the owner, but may condemn and post the
building or any units therein, and/or proceed directly with a complaint
to the district court seeking all compensatory and equitable relief
permitted by law.
A.
Authority to enforce. If the owner refuses to agree to take effective
measures to address the disorderly house; takes ineffective measures
to address the disorderly house as determined by the City; fails to
implement the agreement reached with the City to address the disorderly
house; or if, in the discretion of the City, the disorderly house
requires immediate posting, the City may condemn and post the building
against occupancy, and/or may file a legal action against the owner
seeking any and all damages and remedies to which it is entitled pursuant
to state and local laws.
B.
Notice of suit. If the City pursues legal action against an owner
or landlord for a disorderly house violation, notice shall be provided
to the tenants by the City. Notice shall be made within a reasonable
time following the service of the complaint upon the property owner.
If a tenant list has been previously provided by a landlord, notice
shall be made by regular mail to all known tenants in the building.
If no tenant list has been provided, notice shall be made by regular
mail to all occupants in each unit of the building.
C.
Condemnation. In the event that condemnation is required to address
one or more disorderly house violations, the City shall provide notice
to tenants of the building. Notice shall be made within a reasonable
time following the City's election to condemn the building. Notice
shall be made by regular mail to all known tenants or to all occupants
in each unit in the building; and by posting a copy of said notice
at the premises.
A.
Whenever the Police Department is required to respond to situations at a disorderly house in excess of the number of times described in § 114-2, in any one-year period, the owner of the disorderly house shall pay the cost of service for each such response as follows:
(1)
For each such response for service, the owner shall pay $100, which
shall be in addition to any penalty to which the owner may be subject.
B.
Failure to pay the cost of service within 30 days after demand therefor
shall subject the owner to the penalties provided by state and local
laws.
C.
Charges which become payable hereunder shall be treated as liens
on the property in question and shall be enforced in accordance with
the provisions of state and local laws.
Any person violating any of the provisions of this chapter or
failing or neglecting or refusing to obey any order or notice of the
Police Department issued hereunder shall be subject to penalties as
provided by state and local laws. In addition, violation of the provisions
of this chapter is a civil penalty pursuant to 30-A M.R.S.A. § 4452,
enforced by the Police Department or Code Enforcement Officer. In
any such proceeding, the City may order that the activity in violation
of the code abate, pay a penalty between $100 and $2,500 per violation,
per day, and pay the court costs, attorneys and expert witness fees
incurred by the City.
If any clause, sentence, paragraph, section, article, chapter
or part of this chapter now or through supplementation shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof but shall
be confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
