[HISTORY: Adopted by the City Council of the City of Augusta
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 134.
Vacant and abandoned buildings — See Ch. 137.
Property maintenance — See Ch. 139.
Fire prevention — See Ch. 148.
General assistance program — See Ch. 157.
Housing Code — See Ch. 173.
Offenses — See Ch. 207.
Sanitation — See Ch. 229.
Solid waste — See Ch. 237.
Land use — See Ch. 300.
[Adopted 8-4-2016 by Ord.
No. 16-123]
Bedbugs are hereby declared to be a public nuisance subject
to the abatement provisions of this article. All property owners and/or
tenants of any rental building shall take appropriate actions to prevent
and/or eliminate any bedbug complaints.
As used in this article, unless the context otherwise indicates,
the following terms shall have the meanings indicated:
A business day.
The visible presence of active bedbugs in a dwelling unit.
The owner of any rental building.
A commercial applicator of pesticides certified pursuant
to 22 M.R.S.A. § 1471-D.
Notice as set forth in 14 M.R.S.A. § 6025.
A landlord has the following duties:
A.
Upon written or oral notice from a tenant that a dwelling unit may
have a bedbug infestation, the landlord shall, within two days, conduct
an inspection of the unit for bedbugs.
B.
If, upon inspection, a bedbug is found anywhere in a dwelling unit, the landlord shall, within one day, contact a pest control agent pursuant to Subsection C.
C.
A landlord shall take reasonable measures to effectively identify
and treat the bedbug infestation as recommended by a pest control
agent. The recommendation to treat the dwelling unit and the plan
to decontaminate the people affected and their personal property must
be provided to the landlord and received by the City within five days
of contacting the pest control agent. The landlord shall employ a
pest control agent that carries current liability insurance to promptly
treat the bedbug infestation, including any bedbugs on individuals
and personal property. The landlord shall notify the City within two
days of any abatement measures recommended by the pest control agent.
If the City determines such abatement measures to be insufficient
to abate the infestation, the City may immediately require additional
abatement to ensure that no further infestation is detected. The landlord
shall maintain a written record of the pest control measures performed
by the pest control agent on the dwelling unit. The record shall include
reports and receipts prepared by the pest control agent. The record
shall be maintained for three years and shall be open to inspection
by authorized City personnel.
D.
Before renting a dwelling unit, a landlord shall disclose to a prospective
tenant if an adjacent unit or units are currently infested with or
are being treated for bedbugs. Upon request from a tenant or prospective
tenant, a landlord shall disclose the last date that the dwelling
unit the landlord seeks to rent or an adjacent unit or units were
inspected for a bedbug infestation and found to be free of a bedbug
infestation.
E.
A landlord may not offer for rent a dwelling unit that the landlord
knows or suspects is infested with bedbugs.
F.
A landlord shall offer to make reasonable assistance available to a tenant who is not able to comply with requested bedbug inspection or control measures under § 221-4C, including, but not limited to, providing a bedbug-free location in which to reside while treatment procedures are ongoing, if necessary.
G.
The landlord shall be responsible for all costs of treatment of the
tenant and any other people contaminated at the property and all personal
property. This includes the cost of transportation to a treatment
facility.
H.
In addition to any penalties authorized under this section, if a
landlord fails to comply with the obligations under this subsection:
(1)
The City or a designated agent may enter the property and may act
to abate the infestation in compliance with this section. To recover
any actual and direct expenses incurred by the City in the abatement
of infestation, the City may: file a lien on the real estate on which
the infestation is located; or assess a special tax on the real estate
on which the infestation is located, which amount shall be included
in the next annual warrant to the Tax Collector of the City for collection
in the same manner as other City taxes are collected;
(2)
The building in which the infestation is located shall be deemed
to be unsanitary, a hazard to health and safety, unsuitable or improper
for occupancy, and otherwise dangerous to life or property for purposes
of 17 M.R.S.A. § 2851.
A tenant has the following duties:
A.
A tenant shall promptly notify a landlord when the tenant knows of
or suspects an infestation of bedbugs in the tenant's dwelling
unit and shall not attempt to treat the infestation himself/herself.
B.
Upon receiving reasonable notice, including reasons for and a scope
of the request for access to the premises, a tenant shall grant the
landlord of the dwelling unit, the landlord's agent, the landlord's
pest control agent and its employees, or authorized City personnel,
access to the unit for purposes of an inspection for or control of
the infestation of bedbugs. The initial inspection may include only
a visual inspection and manual inspection of the tenant's bedding
and upholstered furniture. Employees of the pest control agent may
inspect items other than bedding and upholstered furniture when such
an inspection is considered reasonable by the pest control agent.
If the pest control agent finds bedbugs in the dwelling unit or in
an adjoining unit, the pest control agent may have additional access
to the tenant's personal belongings as determined reasonable
by the pest control agent.
C.
Upon receiving reasonable notice, a tenant shall comply with reasonable
measures to eliminate and control a bedbug infestation as set forth
by the landlord, the pest control agent and the City. A tenant that
is proven to have failed to comply with reasonable measures to control
the infestation may be held responsible for any ongoing infestation
treatment.
