[Adopted 7-18-2017 by Order No. 17-83.06]
A.
The purpose of this rental housing license and associated rental
housing inspection program is to protect the health, safety, and general
welfare of the people of the City by recognizing that the offering
for rental of housing is a business, classifying and regulating such
rentals as a rental housing business, establishing a permanent mode
of protecting and regulating the living conditions and life safety
of residents of the City who rent dwellings, and to provide a means
for imposing license fees separate from property taxes to help the
City defray the cost necessary for housing inspections and enforcement
of this license and further including in the aims of the license and
inspection program, as beneficial purposes to:
(1)
Correct and prevent conditions that adversely affect the life,
safety, welfare and health of occupants of rental housing.
(2)
Preserve and improve the value of land and buildings throughout
the City; and discourage speculation.
[Amended 6-20-2023 by Order No. 23-77-01]
(3)
Eliminate substandard and deteriorating rental housing.
(4)
Provide minimum standards for the health and safety of the occupants
of rental housing.
(5)
Provide minimum space standards to prevent overcrowding.
(6)
Enforce minimum standards for the maintenance of existing residential
buildings to prevent slum and blight.
(7)
Preserve
the residential quality of neighborhoods and residential uses to the
benefit of Sanford residents; and discourage conversion of housing
to transient uses.
[Added 6-20-2023 by Order No. 23-77-01]
(8)
Support
economic opportunities for residents of Sanford and support the tourism
economy in Sanford through positive overnight accommodation experiences.
[Added 6-20-2023 by Order No. 23-77-01]
B.
It is not the intent of the City to intrude upon the contractual
relationship between tenant and landlord. The City does not intend
to intervene as an advocate of either party, or to act as an arbiter,
or to be receptive to the complaints from a tenant or landlord not
specifically and clearly relevant to the provisions of this article.
In the absence of such relevancy with regard to rental disputes, it
is intended that the contracting parties exercise such legal rights
as are available to them without the intervention of the City.
[Amended 4-19-2022 by Order No. 22-151-01]
The following words and terms, when used in this chapter, have
the following meanings, unless the context clearly indicates otherwise.
Terms not defined in this chapter, which are defined in chapters adopted
by reference, have the meanings ascribed to them as stated in those
chapters.
Payments made for the use of a premises, including, but not
limited to, money, services, trade, or a combination thereof; or the
sharing of housing expenses with persons not part of the homeowner's
immediate family.
Any property that contains a building or division of a building
that is rented or available for rent as a dwelling or habitation to
any person or persons. Rental housing includes rental of a house,
home, apartment, room, or bed for a time period which may terminate
upon a certain event, a specific term, for a series of periods until
canceled, or at-will.
The renting of rental housing for a period of less than 30
days.
[Added 6-20-2023 by Order No. 23-77-01]
A.
The provisions of this article apply to all rental housing, including and not limited to dwellings and dwelling units, rooms, or beds rented within dwelling units. The provisions apply to rental of single-family dwellings, dwelling units in owner-occupied dwellings, condominiums, townhouses, and to leasehold cooperative dwelling units. The provisions apply to tiny homes and seasonal dwellings. The provisions also apply to lodging establishments including guest homes and cottages as defined in Chapter 155.
[Amended 6-20-2023 by Order No. 23-77-01]
B.
The provisions of this article do not apply to owner-occupied single dwelling units where no portion of the dwelling is rented; owner-occupied dwelling units in cooperative, condominium, or townhouse buildings where no portion of the dwelling is rented; dwelling units occupied by a family as defined in Chapter 280, Zoning; hotels, motels, or bed and breakfasts; hospitals; convalescent, rest, or nursing homes; residential care or congregate care facilities; or other institutional beds or rooms used for medical or mental health treatment services; or mobile homes regulated by the Federal Department of Housing and Urban Development (HUD) Construction Code.
A valid rental housing license under the terms of this article
is required, and no person, including without limitation a property
owner, owner's associate, real estate broker, associate real estate
broker, real estate agent, or property manager, shall allow any rental
housing unit to be occupied, or let or offer to another any rental
housing unit for occupancy, or charge, accept or retain rent for any
rental housing unless the owner has a valid license under the terms
of this article. Any person carrying on such a business activity without
a license is in violation of these provisions.
A license pursuant to this article may be issued to the property
owner for the property named on the approved license application.
One license may be issued for each property with rental housing units
and shall be deemed to cover only such dwelling units under single
ownership. No transfer of a license is allowed between property owners
or between properties.
Before December 31 the owner shall apply for or renew his or
her annual rental housing license for the successive year. Within
60 days of purchasing, transferring, or converting a property into
a rental housing unit or units the owner shall apply for a rental
housing license. All licenses expire on December 31.
A.
A license may be issued for a property owner after the annual fee
required has been paid through the Code Enforcement Office.
[Amended 7-21-2020 by Order No. 19-954-01; 4-19-2022 by Order No.
22-151-01]
B.
Property owners that apply for and are issued a license by December
31, have corrected any violations upon a second inspection, maintain
good standing, and meet all licensing standards are eligible for a
credit of 50% per rental housing property per year commencing in the
second year through the so-called "Good Neighbor Program."
C.
Rental housing which has been newly constructed or has undergone
substantial renovations impacting all aspects of the building are
exempt from the fee for a period of two years because inspections
were conducted as part of the receiving a certificate of occupancy.
These properties are automatically eligible to roll into the so-called
"Good Neighbor Credit Program."
D.
Rental housing may deduct $100 from the fee for each owner-occupied
unit.
A license application shall be made to the Code Enforcement
Office on a form furnished by the Code Enforcement Office for such
purpose and shall include the following information:
A.
Name, business or residence address, cell phone and primary telephone
numbers, email address of the owner or owners of the property;
B.
Name, business or residence address, cell and primary telephone numbers,
e-mail address of the primary responsible party for the property which
shall be the primary contact for the City to schedule inspections
and who takes responsibility for maintaining the property and who
may also be named if enforcement action is unavoidable.
C.
Street address of the property, parcel identification code or map
and lot for the property.
D.
Number and kind of rental housing units within the property. For
each rental housing unit, specify the floor number and unit number
and/or letter and/or designation.
The following minimum standards and conditions shall be met
in order to hold a rental housing license and maintain good standing.
Failure to comply with any of these standards and conditions shall
be deemed a violation of this article and adequate grounds for the
denial, revocation, or suspension of a rental housing license.
A.
The licensee shall provide all application information and have paid
the required license fee.
B.
Rental housing shall not exceed the maximum number of dwelling units
permitted by this Code.
C.
No rental housing shall be over-occupied or illegally occupied in
violation of this Code.
D.
No rental housing shall have outstanding code violations or alternatively
be without an plan of action to correct those violations of this Code
approved by the Code Enforcement Officer.
E.
The rental housing shall not have been used or converted to rooming
units in violation of this Code.
F.
The rental housing shall not be under condemnation as hazardous or
unfit for human habitation under this Code.
G.
The rental housing shall not have delinquent real estate taxes due
and owing.
The Code Enforcement Office shall have the authority to issue
all licenses pursuant to this article to applicants meeting the licensing
standards.
To safeguard the health, safety, and welfare of the public,
Code Enforcement Officers are authorized to enter any licensed rental
housing at any reasonable time for the purpose of inspecting.
A.
Regular inspections are required for all rental housing.
B.
After a license has been issued, the Code Enforcement Office will
schedule an initial inspection of a licensed property with the owner
or responsible party for a mutually agreed upon time.
C.
Inspections of properties will be conducted as follows:
(1)
Properties categorized as single-family, two-family, and three-family
will have all units and common areas inspected.
(2)
Properties categorized as four-through-seven-unit and mixed
use with four to seven units will have a sampling of four units and
the common areas inspected, unless life safety and more than two code
violations are found, then all units will be inspected.
(3)
Properties categorized as eight-plus units and mixed use with
eight plus units will have a sampling of five units and the common
areas inspected, unless life safety and more than two code violations
are found, then all units will be inspected.
(4)
Owner-occupied dwelling units need not necessarily be inspected.
E.
If a violation of applicable law, ordinance or regulation is discovered,
the owner shall be notified of the nature of the violation and time
within which such correction shall be completed. In the event violations
have not been corrected upon a second reinspection, or no authorized
person was present to accompany the Code Enforcement Officer upon
reinspection, violations and penalties will apply unless an extension
is granted. The penalty for the third and each successive reinspection
is $50.
F.
Following an inspection, if no violations are found, the property
owner will be issued a certificate showing compliance with the license
and code.
G.
Rental housing receiving the so-called "Good Neighbor Credit" will
be inspected once every three to four years, unless a tenant complaint
cannot be resolved without an inspection; otherwise inspections will
be conducted once per year or more frequently as justified due to
tenant complaints, calls for police or fire service, age of structure,
maintained appearance of the structure, or nonpayment of taxes and
other utilities.
Any person who violates any provision of this article or the
terms of the license may be penalized in the following manner:
A.
Temporary suspension. The Code Enforcement Officer, with prior approval of the City Manager or his/her designee, is authorized to immediately and temporarily suspend any license to an entire property or portion thereof. The City Manager or his/her designee shall determine if the continued operation of the licensed premises or activity presents a danger to the health, safety, and general welfare of the public; the Code Enforcement Officer has been refused entry to inspect the premises; the licensed premises has not met the requirements of the City property, building, fire, or applicable State laws; the continuation of the license creates a nuisance; or the licensee has not corrected violations by the expiration date within which such violations were to be corrected; or the building is designated as a disorderly house pursuant to Chapter 114.
[Amended 6-20-2023 by Order No. 23-77-01]
B.
Revocation. The Code Enforcement Officer, with prior approval of
the City Manager or his/her designee, is authorized to immediately
revoke any license to an entire property or portion thereof. The City
Manager or his/her designee shall determine if the continued operation
of the licensed premises or activity presents a danger to the health,
safety, and general welfare of the public; the Code Enforcement Officer
has been refused entry to inspect the premises; the licensed premises
has not met the requirements of the City property, building, fire,
or applicable State laws; the continuation of the license creates
a nuisance; or the licensee has not corrected violations by the expiration
date within which such violations were to be corrected.
C.
Unlicensed rental housing units. Any person failing to apply for
a rental housing license and pay the required fee shall be in violation
of this article and such violation is a civil penalty enforced by
the Police Department and subject to a fine in the amount of $500
per property in addition to any other fines for violating this article
and the fee for licensing the rental housing.
D.
Civil penalties. In addition to any other fines or penalties for
violating any provisions of this article or the terms of the license,
violation of this article is a civil penalty enforced by the Police
Department. In any such proceeding, the City may seek an administrative
warrant to conduct an inspection, court order that the owner and/or
operator of the licensed activity abate any violations, pay a penalty
between $100 and $2,500 per violation, per day, and pay the court
costs, attorneys and expert witness fees incurred by the City, and,
if applicable, costs incurred by the City in securing adequate substitute
housing for affected tenants.
E.
Condemnation. Upon temporary suspension, revocation, denial, or unlicensed
rental housing units, the Code Enforcement Officer shall post the
property against occupancy.
[Added 7-21-2020 by Order No. 19-954-01; amended 6-20-2023 by Order No.
23-77-01]
The Board of Appeals shall act as the Rental Housing License Board of Appeals in order to hear appeals of orders, decisions, or determinations made relative to application and interpretations of this article. Appeals to the Board of Appeals shall be submitted as otherwise set forth in City Code Chapter 10, Appeals, Board of, regarding administrative appeals, subject to the payment of any fees as may be determined by the municipal officers from time to time.
[1]
Editor's Note: Former § 149-5.14, Appeals, was repealed 5-7-2019 by Order No. 19-258-01.
If any clause, sentence, paragraph, section, article, or part
of this article or of any ordinance included in this Code or through
supplementation shall be adjudged by any court of competent jurisdiction
to be invalid, such judgement shall not affect impair or invalidate
the remainder therefor but shall be confined in its operation to the
clause, sentence, paragraph, section, article, or part therefore directly
involved in the controversy in which such judgment shall have been
rendered.
[Added 6-4-2019 by Order
No. 18-165-01]
A.
Pursuant to 30-A M.R.S.A. § 3014, no person convicted of Class A, B or C sex offenses committed against persons who had not attained 14 years of age at the time of the offense may reside, live, or dwell within 750 feet of the property boundary of any safe zone designated in § 215-5 or 158-6, or a public or private elementary, middle, or secondary school. Failure to comply with this provision shall be deemed a violation of this article.
B.
A person convicted of Class A, B or C sex offenses committed against persons who had not attained 14 years of age at the time of the offense residing within 750 feet of the property boundary of any safe zone designated in § 215-5 or 158-6 or a public or private elementary, middle, or secondary school may continue to reside at that specific residence as long as the residency was established prior to April 17, 2019, and that residency has been consistently maintained as a primary residence.
C.
An official map of the restricted residency locations shall be maintained
by the City, and licensed rental property owners shall be notified
of this residency restriction each year.
D.
Civil penalty. Violation of this article is a civil penalty pursuant
to 30-A M.R.S.A. § 4452, enforced by the Police Department
or Code Enforcement Officer. In any such proceeding, the City may
order abatement of any violation, pay a penalty between $100 and $2,500
per violation, per day, and pay the court costs, attorneys and expert
witness fees incurred by the City.
[Added 6-20-2023 by Order No.
23-77-01]
[Added 6-20-2023 by Order No.
23-77-01]
A.
Primary
residence in certain zones. A short-term rental in the Urban Zone,
Single-Family Residential Zone, and Residential Development Zone,
must be the primary residence, as defined in § 280, of the property
owner and furthermore:
B.
Insurance. The insurance policy standards specified in § 149-5.17A are mandatory for short-term rentals to obtain and maintain a license.
C.
Occupancy
limit. The occupancy limit for a short-term rental is based on a calculation
of two adults per bedroom and shall be finally determined by the Code
Enforcement Officer. The occupancy limit must be posted in a conspicuous
location in the short term rental on a certificate designated by the
Code Enforcement Officer.
D.
Parking.
Sufficient on-site parking shall be documented by the property owner.
No on-street parking is allowed.
F.
No vested
right. No property owner shall have an entitlement or vested right
to continue to operate a short-term rental that does not meet the
standards required in this section after 2023.
