[Adopted 2-21-2017 by Ord. No. 2017.12]
This article shall be known as the "City of Biddeford Downtown
Anti-Blight Ordinance."
It is hereby found and declared that the existence of blighted
premises in the downtown of Biddeford will adversely affect property
values and development within the downtown and threatens the health,
safety, general welfare and economic well-being of its residents and
commercial interests. It is further found that blighted properties
can be rehabilitated, reconstructed, demolished and/or reused so as
to provide decent, safe and sanitary housing and/or commercial use,
and that such rehabilitation, reconstruction, demolition and/or reuse
would assist to eliminate, remedy and prevent the adverse conditions
described above.
The purpose of this article is to:
No owner, agent, tenant or person in control of real property
located in the downtown of the City of Biddeford shall allow, create,
maintain, cause to be created or maintained, or allow to exist any
blighted premises.
As used in this article, the following terms shall have the
meanings indicated:
Any building, structure, premises or any part of a structure
that is a separate unit, in which any of the following or any combination
of the following conditions exist (the following list is illustrative,
not exhaustive):
It is a substantial factor causing obvious depreciation to property
values in the downtown;
It is not being maintained and/or has been unoccupied for at
least 90 days and contributes to downtown decay/blight as evidenced
by the existence of one or more of the following conditions in ordinary
public view:
Missing or boarded windows or doors;
Collapsing or missing walls, roof or floor;
Seriously damaged or missing siding of four square feet or more;
Buildings in need of painting or sealing;
Fire damages;
A structurally faulty foundation or foundations; and/or
Physical hazards, rodent harborage and infestation, garbage,
or trash;
It is a factor creating a substantial and unreasonable interference
with the reasonable and lawful use and enjoyment of other space within
the building or of other premises within the downtown as documented
by neighborhood complaints.
A building or structure, or part thereof, that would not
qualify for a certificate of occupancy if applied for, or which is
deemed an unsafe structure as defined by the State Building Code,
and any dwelling or unit which is designated as unfit for human habitation
as defined in the State Building Code and/or the Code of Ordinances
of the City of Biddeford.
An area encompassed by the Zoning District identified as
MSRD-1.
The view available, from private or public property or public
rights-of-way, from average grade surrounding the property.
Any man, woman, family, corporation, or other legal entity
capable of owning or possessing real property.
Any lot or part thereof or parcel or plot of land, either
occupied or unoccupied by any dwelling or nondwelling structure, and
includes any such building, accessory structure or other structure
thereon, or any part thereof. The term "premises," where the context
requires, shall be deemed to include any buildings, dwellings, parcels,
land or structures contained within the scope of this article.
Anything built for the support, shelter, or enclosure of
persons, animals, goods or property of any kind, together with anything
constructed or erected with a fixed location on or in the ground,
including decks, stacks, satellite dishes, and antennas, exclusive
of fences, and poles, wiring and other aerial equipment normally associated
with service drops, as well as guying and guy anchors, as well as
sidewalks, driveways, parking lots, and field or garden walls or embankment
retaining walls.
Any space within a building that is or can be rented by or
to a single person or entity for its sole use, and is intended to
be a single and distinct space.
A period of 90 days or longer during which a building or
structure, or part thereof, or land is not legally occupied as documented
by the Code Enforcement Office.
This article applies to all premises within the City of Biddeford
downtown as defined above.
Any person owning premises subject to this article or legally
responsible for maintaining the premises, including the agents thereof,
shall be jointly and severally obligated to comply with the provisions
of this article and subject to the penalties for violation hereof.
Complaints may be submitted to the Code Enforcement Officer
and/or their designee and must be in writing and signed and dated
by the complainant.
(a)
The Code Enforcement Officer is charged with the enforcement of this
article. It shall be the duty of the Code Enforcement Officer to enforce
the provisions of this article and any rules or regulations promulgated
under this article. The Code Enforcement Officer shall order any person
who violates this article to abate such violation within two years,
unless such a violation is considered an immediate threat to the health,
safety, and general welfare of the public, in which case such abatement
shall be conducted within an acceptable time frame as determined by
the Code Enforcement Officer.
(b)
The Code Enforcement Officer shall be hereby authorized and empowered to issue notices of violation for violations of this article. Notices of violation shall be sent to the property owner and/or the person responsible for maintaining the premises, and if the notice of violation is a result of a complaint pursuant to Sec. 34-557, shall also be sent to the complainant. Such notices shall be sent by certified mail or delivered in person and shall include the following:
(1)
A description of the violation(s) of this article.
(2)
An outline of the process by which the property owner and/or
the person responsible for maintaining the premises can determine
what remedial actions are recommended by the Biddeford Historic Preservation
Commission;
(3)
A description of the remedial action(s) which, if taken, would
affect the compliance with the provisions of this article;
(4)
A date by which the violation(s) must be corrected in order
to avoid penalty and enforcement pursuant to this article;
(5)
A statement that the penalties and enforcement provisions of
this article will take effect the day after the compliance date if
compliance has not been accomplished;
(6)
A statement that outlines the appeals process afforded through
this article.
(c)
Historic Preservation Commission review is required for all properties
receiving a notice of violation pursuant to the article. The Historic
Preservation Commission shall review all proposed remedial actions
and shall issue a certificate of appropriateness only once it is satisfied
with what is proposed. Further, additional recommendations for improvements
in order to abate violations of this article may be included in such
a certificate of appropriateness and may be included as conditions
to the required abatement at the discretion of the Code Enforcement
Officer.
(a)
Action upon noncompliance. Any owner, person responsible for maintaining the premises, or agent of a blighted premises who fails to abate any such blight commits a civil violation pursuant to City of Biddeford Code of Ordinances, Chapter 1 (General Provisions), Sec. 1-12 (General penalty for violation of Code; continuing violations).
(b)
Conference granted to owner or agent. Any owner or agent who receives
a notice of violation issued pursuant to Sec. 34-558 above shall,
upon request, be granted a conference with the official(s) who issued
the notice of violation as soon as practicable. A request for a conference
shall in no way stay the abatement order. However, a hearing request
made pursuant to Sec. 34-560 herein shall stay an abatement order.
(a)
Any person notified in accordance with Sec. 34-558 may appeal the notice of violation(s) within 30 days to the Biddeford Zoning Board of Appeals as an administrative appeal as outlined in Article IX of the Biddeford Land Development Regulations.
(b)
Any appeals shall be heard by the Biddeford Zoning Board of Appeals
at its next earliest available scheduled meeting.
If any provision of this article is declared unconstitutional
or held invalid, it shall not affect any other section, clause, or
provision thereof, but the same shall remain in full force and effect.
