[HISTORY: Adopted by the City Council of the City of Augusta
10-1-2015 by Ord. No. 15-141 (Ch. 6, Art. II, §§ 6-92
through 6-99, of the 1990 Code). Amendments noted where applicable.]
A.
Vacant
or abandoned properties create and pose significant and costly problems
for the City. These properties often become a drain on the City budget
and detract from the quality of life of the neighborhood and the City
as a whole. Vacant buildings are an impediment to neighborhood redevelopment
and rehabilitation, decrease property values, and prevent neighborhood
stabilization. These structures are unsightly, often structurally
unsound or otherwise dangerous, attract criminal activity, and otherwise
create a threat to public health, safety, and welfare of neighboring
properties and the general public.
B.
A significant
obstacle in providing effective and prompt enforcement of the current
City codes, as they relate to vacant buildings, is the inability to
contact the owners of abandoned properties. These buildings are often
also the subject of foreclosure actions by lien holders, which take
considerable time to resolve.
C.
Certain
categories of vacant properties, such as homes of "snowbirds," members
of the armed forces, including the National Guard on deployment, or
those who have moved into assisted-living facilities, or homes that
are actively on the market, managed, or undergoing renovation, are
less likely to cause problems and accompanying City costs and are
exempt from this chapter.
D.
The purpose
of this chapter is to provide a just, equitable and practicable method
for identifying, managing and responding to the numerous issues associated
with vacant buildings that have been abandoned. This chapter is intended
to prevent or mitigate dangers to health, safety and welfare, promote
responsible management, provide a safe neighborhood for residents,
safeguard property values, expedite housing repairs, and provide for
prompt contact with owners or managers by police, fire, and code enforcement
when issues or emergencies develop.
A.
If a term is not defined in this chapter or Chapter 300, Land Use, it shall have its customary dictionary meaning.
B.
ABANDONED BUILDING
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
OWNER
PROPERTY MANAGER
VACANT BUILDING
For the
purpose of interpreting this chapter, the following terms, phrases,
words and their derivations shall have following meanings:
Any building or structure that is vacant and is under a current
notice of default; under a current notice of trustee’s sale;
pending a Tax Assessor’s lien sale; any property that has been
the subject of a foreclosure sale where the title was retained by
the beneficiary of a deed of trust involved in the foreclosure; and
any property transferred under a deed in lieu of foreclosure/sale.
Any building that meets one or more of the conditions cited
in 14 M.R.S.A. § 6326, Subsection 2, Paragraphs A through
I, and as may be amended, for establishing abandonment by statute:
Doors and windows on the mortgaged premises are continuously
boarded up, broken or left unlocked;
Rubbish, trash or debris has observably accumulated on the mortgaged
premises;
Furnishings and personal property are absent from the mortgaged
premises;
The mortgaged premises are deteriorating so as to constitute
a threat to public health or safety;
A mortgagee has changed the locks on the mortgaged premises
and neither the mortgagor nor anyone on the mortgagor's behalf has
requested entrance to, or taken other steps to gain entrance to, the
mortgaged premises;
Reports of trespassers, vandalism or other illegal acts being
committed on the mortgaged premises have been made to local law enforcement
authorities;
A code enforcement officer or other public official has made
a determination or finding that the mortgaged premises are abandoned
or unfit for occupancy;
The mortgagor is deceased and there is no evidence that an heir
or personal representative has taken possession of the mortgaged premises;
and
Other reasonable indicia of abandonment.
Any person, agent, firm, corporation or other legal entity
having a legal or equitable interest in a vacant building that has
been abandoned, including but not limited to a mortgagee in possession,
the beneficiary of a trust, or the holder of a life estate.
A Maine-based entity, corporation, or individual or the designee
of the owner that is responsible for maintaining, securing, and inspecting
vacant buildings.
Any building or other structure that is unoccupied by a person
or occupied by unauthorized persons for 60 days, except permitted
garages or accessory buildings.
A.
This chapter
applies to all vacant buildings that have been abandoned and are located
within the City of Augusta.
B.
This chapter
does not apply to primary residences of members of the armed forces,
including the National Guard on deployment, vacation or resort facilities,
or residences of persons on extended vacations or alternative living
arrangements with the intention to return to the property and live
(e.g., "snowbirds" or those in assisted-living facilities), or residences
that are actively on the market, managed, or undergoing renovation.
A.
The owner
of a vacant building that has been abandoned must obtain a vacant
building registration permit for the period during which it is vacant.
B.
When an
abandoned building becomes vacant, the owner of the building must
apply for and obtain a vacant building registration permit and pay
the fee within 60 days of the building becoming vacant.
C.
Standard
vacant building registration permit.
(1)
The
Code Enforcement Division shall issue a standard vacant building registration
permit upon being satisfied that the building has been inspected and
is in compliance with the vacant building standards set forth in this
chapter, and is adequately protected from intrusion by trespassers
and from deterioration by the weather.
(2)
A standard
vacant building registration permit is valid for six months from the
date of approval.
D.
Interim
vacant building inspection permit.
(1)
If
a vacant building that has been abandoned is inspected and determined
not to meet one or more local or state life safety codes, the Code
Enforcement Division shall issue an order for any work needed to:
(a)
Adequately protect the building and property (i.e., swimming pools,
hot tubs, children’s equipment, including "jungle gyms") from
intrusion by trespassers and from deterioration by weather by bringing
it into compliance with all existing local and state life safety codes;
and
(b)
Ensure that allowing the building to remain will not be detrimental
to the public health, safety and welfare, will not unreasonably interfere
with the reasonable and lawful use and enjoyment of other premises
within the neighborhood, and will not pose an extraordinary hazard
to police officers or firefighters entering the premises in times
of emergency.
(2)
When issuing orders under Subsection D(1), the Code Enforcement Division shall specify the time for completion of the work. The order will act as an interim vacant building registration permit, the duration of which will be for the time set forth in the order. No interim registration permit may be effective for a period of more than 90 days.
(3)
All
work done pursuant to this chapter must be done in compliance with
the applicable building, fire prevention, life safety and zoning codes.
E.
After the
vacant building registration permit is issued, the Code Enforcement
Division shall add the property to a registry maintained by the City
of Augusta and made available for public inspection. This registration
data shall include, but not be limited to, the name, address, phone
number and e-mail address of the owner or its agent, and contact information
of the designated property management company.
F.
Upon the
expiration of a vacant building registration permit, if the building
or structure is still vacant, the owner must arrange for an inspection
of the building and premises with the appropriate code enforcement,
police, fire, public health and safety officials, and renew the permit
within 10 days of expiration. All permit renewals shall be subject
to all conditions and obligations imposed by this chapter and any
previous permits unless expressly exempted therefrom.
A.
Application
by the owner of a vacant building that has been abandoned for a vacant
building registration permit must be made on a form provided by the
Code Enforcement Division. Applicants must disclose all measures to
be taken to ensure that the building will be kept weather-tight and
secure from trespassers, safe for entry of Code Enforcement, Police,
Fire, Public Health and Safety Officials in times of exigent circumstances
or emergency, and together with its premises be free from nuisance
and in good order in conformance with life safety, and other codes
adopted by the City of Augusta.
B.
The application
shall include a "statement of intent." The statement of intent shall
include information as to the expected period of vacancy (including
the date of vacancy), the plan for regular maintenance during the
vacancy to comply with the life safety code requirements and a plan
and timeline for the lawful occupancy, rehabilitation, or removal
or demolition of the structure.
C.
The application
shall include a list of persons authorized to be present in the building,
along with a statement that any persons not listed shall be considered
trespassers. The owner shall update the authorized person list as
needed.
D.
Contact
information.
(1)
The
application shall include the following:
(a)
The name, street address, telephone number, and e-mail address of
an individual designated by the owner or owners of the vacant building
that has been abandoned as their authorized agent for receiving notices
of code violations and for receiving process in any court proceeding
or administrative enforcement proceeding in connection with the enforcement
of this code regarding the vacant building.
(b)
The name of at least one property manager responsible for management
and maintenance of the property, along with their twenty-four-hour-a-day
contact information.
(c)
The name of any bank/lender/lien holder with an interest in the property
and its contact information, including the mailing address of the
bank/lender/lien holder.
(2)
If
any contact information required under this subsection changes or
becomes out-of-date, the owner must notify the Code Enforcement Department
in writing within 15 days of such change.
E.
A fee of
$200 for commercial entities (banks or financial service companies)
or $100 for individuals (individual owners of single-occupancy dwellings)
shall be charged for a vacant building registration permit or an interim
permit. This fee shall also be charged upon the renewal of such permits.
The fee must be paid at the time of application or renewal. No permit
shall be issued prior to payment of the permit or renewal fee. If
an owner has undertaken the demolition permitting process, no fee
will be required.
A.
Upon and
at the time of application, the owner of a vacant building that has
been abandoned shall arrange for an inspection of the premises by
staff of the Code Enforcement Division. The purpose of such inspections
is to determine and ensure compliance with existing life safety codes
and security of the premises. The Code Enforcement Division may bring
on the inspection such other government officials as it deems prudent
to ensure the safety of the building and the Code Enforcement Division,
including but not limited to police, fire and public health officials.
B.
If code
officials have reason to believe that an emergency or imminent danger
exists tending to create an immediate danger to the health, welfare,
or safety of the general public, code, police and fire officials have
the authority to enter and inspect the vacant building that has been
abandoned and the premises upon which it stands without notification
or a warrant being required.
An owner of a vacant building that has been abandoned must adequately
protect it from intrusion by trespassers and from deterioration by
the weather. A vacant building shall be deemed adequately protected
from intrusion by trespassers and from deterioration by the weather
if it satisfies the following vacant building maintenance standards:
A.
Building
openings. Doors, windows, areaways and other openings must be weathertight
and secured against entry by birds, vermin and trespassers. Missing
or broken doors, windows and other such openings must be covered by
glass or other rigid, transparent materials which are weather-protected
and tightly fitted and secured to the opening.
B.
The owner
of a vacant building must comply with all building, fire, life safety,
zoning, and other applicable codes or ordinances and must apply for
any building, fire prevention, and zoning permits necessary to perform
work required by this chapter.
Any person who is found to be in violation of any provision
or requirement of this chapter shall be subject to a civil penalty,
including the City's attorney's fees and other remedies as set forth
in 30-A M.R.S.A. § 4452. Each violation of a separate provision
or requirement, and each day of violation, shall constitute a separate
offense.
