Town of Kittery, ME Property Maintenance

The purpose of this chapter is to recognize the right of individual property owners and occupants within the Town to regulate and maintain their respective property grounds while at the same time setting minimum standards for the maintenance of such grounds to ensure that the condition of the grounds:

Is not offensive to the comfort and enjoyment of owners and occupants of abutting properties in the neighborhood;

Is not injurious to the public health, safety and welfare;

Promotes the preservation of property values of abutting properties; and

Does not pose potential risks to the environment, including groundwater and subsurface water quality, and prevents nuisance conditions from being maintained on the grounds of such properties.

§ 8.2.2 Definitions.

Except as specifically defined herein, the words and phrases used in this chapter carry their customary and usual dictionary meanings unless otherwise clearly indicated by the context.

ABUTTING PROPERTY(IES)

As used herein solely, any property with a portion of it falling within 150 feet of a boundary line of a property in violation of this chapter.

[Amended 2-8-2021 by Ord. No. 21-02]

CASUALTY

Any unforeseeable, unintended accident or event adversely affecting a property, such as fire, damage or various events commonly referred to as "acts of God" or "acts of nature."

GARBAGE

As defined in § 8.1.2.1, the animal, vegetable and any other waste resulting from the handling, preparation, cooking or consumption of food.

GROUNDS

The part of a property not covered by permanent structures.

INDIVIDUAL

Persons, as defined in Title 1, § 1.2.2, to be an individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, firm or, in the case of a corporation or association, any official thereof, or other legal entity.

JUNK

Includes dilapidated, discarded, junked or worn-out material(s) or objects, including but not limited to discarded, worn-out or junked plumbing heating supplies, electronic or industrial equipment, household appliances or furniture; discarded, scrapped and junked lumber; and old or scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material. An item meeting the categories above is presumed to be junk if it has remained on the ground for more than three months without being put to active use. An item is not considered junk if it is placed in relation to construction or renovation of a structure for which an active Town permit or approval exists, and is removed within three months from completion of construction or renovations.

[Amended 2-8-2021 by Ord. No. 21-02]

LITTER

All waste materials, including, but not limited to, bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, offal, except waste parts or remains resulting from the normal field dressing of lawfully harvested wild game or the lawful use of waste parts or remains of wild game as bait, feathers, except feathers from live birds while being transported, abandoned ice-fishing shacks, old automobiles or parts of automobiles or similar refuse, or disposable packages or containers thrown or deposited as prohibited in this chapter, but not including the wastes of the primary processes of mining, logging, sawmilling, farming or manufacturing.

NUISANCE

As defined in Title 1, § 1.2.2, includes those public and common nuisances as defined by state statute 17 M.R.S. § 2802 et seq.

OCCUPANT

As defined in Title 1, § 1.2.2, means the words "tenant" or "occupant"; applied to a building or land, means and include any person holding a written or oral lease or who occupies the whole or a part of such buildings or land, either alone or with others, and is further defined for this chapter to mean any person living, sleeping or having some actual possession of a dwelling unit, rooming unit or place of business located on a property.

OPERATOR

Is defined in other titles for particular application. For the purposes of this chapter, it means any person who has charge, care or control of a dwelling or property, or a part thereof, whether with or without the knowledge and consent of the owner.

RUBBISH

As defined in § 8.1.2.1; is further defined for this chapter to mean combustible and noncombustible waste materials, except garbage, including but not limited to paper, rags, cartons, boxes, wood (excepting firewood), rubber, tires, leather, tree branches, yard trimmings (e.g., from flowers, weeds, shrubs, hedges, but excluding compost piles), tin cans, metals, mineral matter, glass, crockery and other similar materials.

STRUCTURE

Anything built or constructed and permanently affixed on a property that cannot be considered grounds or landscaping.

VACANT

Any previously inhabited building or structure which has been uninhabited for a period of 180 days or longer.

[Added 2-8-2021 by Ord. No. 21-02]

§ 8.2.3 Littering.

A person may not throw, drop, deposit, discard, dump or otherwise dispose of litter or waste oil anywhere in the Town in any manner or amount as prohibited in 17 M.R.S. § 2263-A, except in public receptacles, in private receptacles for collection, or at the solid waste facility at those times when it is open to receive litter.

§ 8.2.4 Required grounds maintenance.

Required. All property grounds or parts thereof must be maintained in a condition free of any nuisance, unsafe or unsanitary conditions or accumulation of garbage, household trash, rubbish, junk, litter, worn or discarded plumbing, heating supplies, oil or propane tanks, old or scrap copper, brass, rope, rags, batteries, paper trash, rubber, building debris, waste and all scrap iron, steel, other scrap ferrous or nonferrous material, debris, scrap lumber, tires, automobile parts, worn-out or unused or inoperable machinery or parts thereof, glass, unused and/or inoperable appliances, worn and unused furniture, and more than two vehicles not bearing a valid motor vehicle inspection sticker and a valid motor vehicle registration.

Storage allowed. Materials as listed in Subsection A above, intended for private use of the property owner, occupant or operator, may be stored on the grounds of the property as long as such material is screened from public ways and from abutting properties as provided in Subsection C herein and the material is not otherwise in violation of any municipal ordinance or state statute. Private use does not include resale of the material.

[Amended 2-8-2021 by Ord. No. 21-02]

Screening. Where screening is required for the storage of material on property grounds, as provided in this section, the following standards apply:

(1)

Screening may be accomplished by natural or man-made objects, plantings or fences, any of which must completely screen the stored material from view from any portion of any public way or abutting property throughout the entire calendar year. All screening must be located outside of the limits of any public way right-of-way.

(a)

Natural or man-made objects are interpreted to be:

[1]

Hills, gullies or embankments. Such man-made objects must be constructed to blend with the landscape, with loaming and seeding or other treatment as may be necessary to establish a natural appearance.

[2]

Buildings or other installations.

[3]

Combinations of above.

(b)

Plantings. Trees, shrubs or other vegetation of sufficient height, density and depth of planting or growth to completely screen the stored material may be used.

(c)

Fences. Fences will be so located and of sufficient height to completely screen the stored material. All fences must be an opaque wall or barrier, constructed and erected in a workmanlike manner and well maintained. Only sound, undamaged material, uniform in appearance, is acceptable.

Use allowed. This section may not be construed to prevent uses of property grounds allowed by the Land Use and Development Code (Title 16), Garage Sales (Chapter 5.4), or Sidewalk Sales (Chapter 5.7) sections of the Town Code or any other state and/or municipal ordinance or statute, provided that all necessary permits or approvals, when required, are obtained and followed and all other related ordinance requirements are met.

[Amended 2-8-2021 by Ord. No. 21-02]

§ 8.2.5 Maintenance of grounds following casualty damage.

[Amended 7-11-2011 by Ord. No. 11-08]

Within the period of 90 days following the occurrence of a casualty as defined in § 8.2.2 that results in the violation of § 8.2.4, the owner shall cause the removal of all debris or other violations connected therewith so as to be compliant with § 8.2.4. The CEO may grant an extension as provided in § 8.2.10.

§ 8.2.6 Responsibility for maintaining property grounds.

Owners, operators, tenants and occupants of a property are jointly and severally liable for maintaining the property grounds free of any violation and are liable to take all corrective actions required to cure and prevent such violations.

§ 8.2.7 Structure maintenance.

[Added 2-8-2021 by Ord. No. 21-02[1]]

The exterior of a structure visible from any public way or abutting property must be maintained in good repair, structurally sound, secure and sanitary so as not to pose a threat to the public health, safety or welfare, or a substantial reduction of property values of abutting properties. The following applies to any portion of a structure which is visible from a public way or abutting property:

Permanent siding of uniform and water-resistant material must be applied to any exterior wall. In the event that a property is found to be in violation of this requirement, the Code Enforcement Officer shall approve the material to be applied.

Permanent covering such as shingles or standard metal roofing must be applied to the roof. In the event that the property is found to be in violation of this requirement, the Code Enforcement Officer shall approve the material to be applied.

All entrances must be secured with functioning doors, which remain locked if the structure is vacant.

There may be no broken windows.

All structural elements including but not limited to foundations, roofs, stairs, porches, decks, balconies and cupolas must be securely installed and in generally good repair.

Exception. A building deemed vacant and marked by the Town as such according to § 8.2.8 may be secured via permanent means such as boarding, grating, or bars.

[1]

Editor's Note: This ordinance also redesignated former §§ 8.2.7 through 8.2.11 as §§ 8.2.9 though 8.2.13.

§ 8.2.8 Vacant buildings.

[Added 2-8-2021 by Ord. No. 21-02]

Warning signs. When the Code Enforcement Officer determines that a vacant or otherwise derelict building may pose a serious and immediate risk to public safety officials, including firefighters, emergency medical technicians, police officers or the like, who may be responding to an emergency call at such premises, the Code Enforcement Officer has the authority, in person or through agents, after providing written notice to the property owner or responsible party to enter into any such property to post highly visible signs on the building which indicate either the building is safe to enter with extreme caution or unsafe to enter as described below.

(1)

A red sign with a white "X" - fireground operations may be conducted only from the outside due to major interior hazards; or

(2)

A red sign with a single white diagonal line- fireground operations may be conducted from the interior with extreme caution due to interior hazards.

Securing a vacant building. When the Code Enforcement Officer determines that a vacant or otherwise derelict building may pose a serious and immediate risk to the general public, the Town may take actions to secure the envelope of the structure to prevent unauthorized access, including but not limited to installing boarding, grating, or bars.

Recouping costs incurred by the Town. The cost incurred by the Town for installing warning signs or securing a vacant or derelict building may be charged against the owner of the real estate upon which the building was or is located.

§ 8.2.9 Enforcing authority.

[Amended 2-8-2021 by Ord. No. 21-02]

This chapter is enforced by the Code Enforcement Officer or designee.

§ 8.2.10 Notice of violation and order of correction.

[Amended 2-8-2021 by Ord. No. 21-02]

Enforcement of this chapter shall be commenced by the Code Enforcement Officer notifying violator(s) by serving a notice of violation and order of correction ("the notice") upon the violator(s). The notice must be in writing, describe the nature of the violation, and direct the violator(s) to take the action necessary to correct the violation, specifying the time period for correction. The notice must also set forth the fine and/or penalty that could be imposed in the event that the violation exists as set out in the notice and is not abated and corrected within the time period set out in the notice.

§ 8.2.11 Procedure for service of notice of violation and order of correction.

[Amended 7-11-2011 by Ord. No. 11-08]

The notice of violation and order of correction ("the notice") pursuant to § 8.2.8 must either:

Be served in hand to the violator(s) by the CEO or a person duly authorized by the CEO;

Be left at the violator(s)'s dwelling house or usual place of abode with a person of suitable age and discretion then residing therein or with an agent authorized by appointment or by law to receive service of process;

Be mailed by certified United States mail, return receipt requested, to the violator(s)'s last known address. If the return receipt is not returned, the notice will be conclusively presumed to have been served and received three days after it is mailed if it is also sent by regular United States mail, postage prepaid, which is not returned as undeliverable by the postal service. Such notice sent by regular United States mail is conclusively deemed to be received by the addressee on the third day following the date of mailing; or

Be served by any procedure for service of process authorized by Rule 4 of the Maine Rules of Civil Procedure.

§ 8.2.12 Time period for corrective action.

The time period within which a violation must be corrected as set forth in the notice of violation and order of correction is 30 days following receipt of the notice of violation and order, unless:

The CEO determines that a longer reasonable time limit is necessary, considering the nature and extent of the work required to correct the violation and including any weather conditions during the winter months that may prevent or impede the correction of the violation within a thirty-day period.

The CEO determines that a shorter reasonable time limit is appropriate due to the threat posed by said violation to the health, safety and welfare of the public.

The CEO finds that the violator(s) has been previously served a notice of violation and order of correction for a similar violation within the last two years; in which case the time limit for corrective action must be no more than 10 days.

§ 8.2.13 Violations and penalties.

When a violation of any provision of this chapter is found to exist and is not corrected within the time period set out in the notice of violation and order of correction, the Town Attorney and the CEO, upon direction from the Town Manager, are authorized to institute a land use citation and complaint pursuant to Maine Rules of Civil Procedure 80K, or any other legal or equitable process that may be appropriate and necessary for the enforcement of the provisions of this chapter, the same to be brought in the name of the Town.

Prosecution of violations of this chapter may be waived if the violator(s) enter a consent agreement which the Town Manager has authority to execute on behalf of the Town. Such consent agreement will provide for timely abatement of the violations. The agreement may provide that the Town may enter the property to correct the violations and charge the related costs to the violator(s). If any such charge remains unpaid after 30 days from invoice, the consent agreement will provide that the Town may assess the costs of remediation to the owner or tenant as a special tax in accordance with 17 M.R.S. § 2853.

[Added 2-8-2021 by Ord. No. 21-02[1]]

[1]

Editor's Note: This ordinance also redesignated former Subsection B as Subsection C.

Any person (including tenants in retail businesses) being the owner or tenant of or having control or use of any building or premises who is found to be in violation of any of the provisions of this chapter is guilty of a civil violation and will be assessed a penalty of $250. Each day any violation of this chapter continues constitutes a separate offense. The violator is subject to the fines and other sanctions and remedies provided by 30-A M.R.S. § 4452, currently including, without limitation, injunctive relief, and attorneys' fees and costs. If the Town is authorized by law or by court order to enter the property to correct any violation, such remediation costs and related attorneys' fees may be assessed against the violator as a special tax in accordance with 17 M.R.S. § 2853.

[Amended 2-8-2021 by Ord. No. 21-02]