[Added 8-16-2011 by Ord. No. 2011.56; amended 3-4-2014 by Ord. No.
2014.14]
(a)Â
The purpose of this division is to provide City officials with legal
tools and procedures to discourage, abate, and punish nuisance/disorderly
use of private residential, public or commercial property by eliminating
the proliferation of properties harboring occupants who disturb the
peace and tranquility of their neighborhoods.
(b)Â
Severability. If any section, clause, provision or portion of this
division is adjudged unconstitutional or invalid by a court or competent
jurisdiction, such judgment shall not affect the remainder of this
division.
(c)Â
Exclusions. This division shall not apply to active and operating
industrial, manufacturing, and agricultural and food processing facilities.
This exclusion does not prevent the applicability of other zoning,
nuisance, or other ordinances and statutes to such facilities and
activities.
As used in this division, the following terms shall have the
meanings indicated:
Any building which:
The police have visited a minimum number of times in any thirty-day
period, as set forth 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; underage drinking parties; underage drinking;
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
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 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 17-A M.R.S.A., Chapter 45 or prostitution or public
indecency under 17-A M.R.S.A., Chapter 35 has occurred.
Any group of two or more persons who have assembled or gathered
for a social function or other activity on public or private property
whether indoors or outdoors.
To aid, conduct, allow, entertain, control or overtly permit
a gathering or event. Mere knowledge that an event or gathering is
occurring is insufficient to constitute host status; but presence
at the gathering or event combined with right of possession or control
of the premises upon which the event or gathering is occurring is
presumed to satisfy host status.
Conditions of record such as waste disposal violations, health
or safety violations or repeated parking or traffic violations on
or in the vicinity of premises and caused by tenants, guest, persons
patronizing or employed by the premises and/or property, other such
conditions caused by tenants, guests, persons patronizing or employed
by the premises and/or property that unreasonably disturb, interfere
with or affect the ability of persons or businesses residing or located
in the vicinity of the premises to use their property in a reasonable
manner; repeated incidents of record of breaches of the peace, disorderly
conduct, vandalism or other violations of law on or in the vicinity
of the premises and caused by persons patronizing or employed by the
premises [28-A M.R.S.A. 653(2)(C) and (D)].
(a)Â
The following table delineates the number of police visits per dwelling
size which create a disorderly house/nuisance property under Subsection
(1) of the definition of "disorderly house" 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 or commercial properties
|
5
|
(b)Â
Multiple calls for service to the same location within a twenty-four-hour
period shall be considered one event.
(c)Â
The situation 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 property has been visited by the police in response to a disturbance two or more times in a thirty-day period as cited in Subsection (1) of the definition of "disorderly house," the Police Department or any other agent designated by the City shall notify the property owner and, if applicable, the licensee of the said visits, as long as the property owner has registered with the City in accordance with local ordinance.
(a)Â
Whenever a property has been identified as a disorderly house/nuisance
property by the City, it shall cause written notification of the events
which form the basis for that designation to be given to the property
owner, and if applicable, to the licensee. If the property owner has
not registered with the City in accordance with local ordinance, the
police may send notice to the address listed on the City's Tax
Assessor records. Such notice shall be sufficient for all legal purposes.
The notice shall require the owner, and if applicable, the licensee
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)Â
At the time of said meeting, the owner and, if applicable, the licensee
shall be obligated to provide to the City the following documentation:
(1)Â
A copy of the names of all tenants or other persons authorized
to reside or occupy, or presently residing in the building and the
units they occupy.
(2)Â
Copies of all leases with tenants residing in the building.
(3)Â
Contracts with any property manager or other person responsible
for the orderly operation of the building.
(4)Â
Accurate and up-to-date disclosure of documentation of building
ownership.
(c)Â
In addition, the owner and, if applicable, the licensee will agree
to take effective abatement measures to address the disorderly house/nuisance
property, 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 Police Department (or Committee). Failure to enter into such
an abatement agreement at the conclusion of the meeting will be deemed
a violation of this division, and the City may file a complaint in
the district court seeking all compensatory and equitable relief permitted
by law.
(d)Â
Designation as a disorderly house/nuisance property shall remain
in effect for 90 days from the date of the qualifying incident. If
no qualifying incidents occur during this period, the designation
shall be removed.
(a)Â
Upon designation of a property as a disorderly house/nuisance property,
the owner of the disorderly house/nuisance property shall pay the
cost of service for each such response as follows:
(1)Â
For each such response for service the owner shall pay a service
fee of $75, which shall be in addition to any penalty to which the
owner may be subject.
(b)Â
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)Â
Charges which become payable hereunder shall be referred to a collection
agency as contracted by the City of Biddeford.
(a)Â
Violation.
(1)Â
The creation or maintenance of a nuisance property, nuisance
gathering or disorderly house as defined in this division is prohibited,
and the City of Biddeford may take actions to abate any nuisance as
defined in this division by the procedures set out below.
(2)Â
Any person violating any of the provisions of this division
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.
(b)Â
Enforcement. If the owner a) refuses to agree to take effective measures
to address the disorderly house/nuisance property, b) takes ineffective
measures to abate the disorderly house/nuisance property as determined
by the City, or c) fails to implement the abatement agreement reached
with the City to address the disorderly house/nuisance property, the
City may file a legal action against the owner seeking any and all
damages, expenses and remedies to which it is entitled pursuant to
state and local laws.
(c)Â
Penalties.
(1)Â
Whenever in this Code or in any ordinance of the City any act
is prohibited or is made or declared to be unlawful or a misdemeanor,
or whenever in such Code or ordinance the doing of any act is required
or the failure to do any act is declared to be unlawful, where no
specific penalty is provided therefor, the violation of any such provision
of this Code or any ordinance shall be punished by a fine of not more
than $2,500. All fines shall be recovered on complaint to the use
of the City.
(2)Â
A violation of this article may result in penalties that may
include revocation or suspension of any license or permit affecting
the subject property, issued by the City of Biddeford or by City staff,
in the discretion of the Code Enforcement Officer and with the approval
of the City Council.
(3)Â
Each day a violation persists shall constitute a separate offense.
(d)Â
Expenses; collection. The Finance Director shall mail a statement
of the total expense incurred, minus any salvage value, to the person
or persons who have failed to abide by the notice to abate, demanding
payment of the expense. If the amount shown on the statement has not
been paid within 30 days, it shall then be collected by a collection
agency contracted by the City of Biddeford.
Upon designation as a disorderly house/nuisance property the
Code Enforcement Office may inspect the property to the extent reasonably
necessary for the purpose of investigating reports of disorderly house/nuisance
property activities.
If it is determined by the Code Enforcement Officer that an
emergency exists by reason of the continuing presence of a nuisance
that constitutes a threat to one or more individuals or to the public,
the City may perform any action reasonably designed to abate such
nuisance without prior notice or hearing. The City shall assess the
costs as necessary, after notice to the property owner under the applicable
provisions, and opportunity for hearing.
Any person who objects to the amount of expense demanded from
him/her may have a hearing before the Finance Committee of the City
Council or such other person or hearing body as it may designate.
The hearing shall be limited to the question of the reasonability
of the amount of expense demanded. A request for hearing must be in
writing and filed with the Code Enforcement Office within 10 days
after the date of the finance.
