[Adopted 7-18-2017 by Order No. 17-83.06]
A.
It is found that buildings which remain vacant and unoccupied for
any significant period of time become a blight in the City and neighborhoods,
which attracts criminal activity, is a threat to the public safety,
constitutes a fire hazard, constitutes a hazard to health or safety
because of inadequate maintenance or dilapidation, is a nuisance or
is dangerous to life or property, and causes neighboring properties
to suffer from stagnant or declining property value. The use and maintenance
of property in such condition and manner endangers the public safety
and health, constitutes an unreasonable use and conditions to the
annoyance, discomfort, and repose of a considerable number of the
public, is detrimental to the public good and common welfare and renders
a considerable number of the public insecure in the use and enjoyment
of their property, and thus constitutes a nuisance condition.
B.
Adequate protection of public health, safety and welfare, therefore
requires the establishment and enforcement of the means by which such
nuisance conditions may be abated.
[Amended 5-1-2018 by Order
No. 18-184-01[1]]
The purpose of this article is to protect the health, safety,
and general welfare of the people of the City by establishing a program
to identify, register, inspect to minimum standards and determine
the actions the owners will take to return vacant buildings to suitable
or proper use or occupancy, or securing or demolishing such vacant
and abandoned buildings. This article 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 building repairs, and provide for prompt contact with owners
or managers by police, fire, and code enforcement when issues or emergencies
develop.
The following words and terms, when used in this article, have
the following meanings, unless the context clearly indicates otherwise.
Terms not defined in this article, which are defined in articles adopted
by reference, have the meanings ascribed to them as stated in those
articles.
A property that has been determined to be abandoned pursuant
to 30-A M.R.S.A. § 3106-B that meets one or more of the
following criteria:
[Amended 5-1-2018 by Order
No. 18-184-01]
Doors and windows on the mortgaged premises are continuously
boarded up, broken or left unlocked.
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.
A condition that, in the judgment of the municipality, contributes
to blight as a result of the continued lack of care, maintenance or
security of a property pursuant to 30-A M.R.S.A. § 3106-B.
Any person, agent, holder of an unrecorded contract for deed,
a mortgagee or vendee in possession, a mortgagor or vendor in possession,
assignee of rents, receiver, executor, trustee, lessee, other person,
firm or corporation in control of the freehold of the premises or
lessor state therein, or other legal entity having a legal or equitable
interest in a vacant building, including but not limited to the beneficiary
of a trust, and the holder of a life estate.
[Amended 5-1-2018 by Order
No. 18-184-01]
A residential or commercial building which is lacking habitual
presence of natural persons who have a legal right to be on the premises,
or at which substantially all lawful business operations or residential
occupancy has ceased with the exception of secure accessory buildings
not intended for human occupancy. Any building in which more than
one of the total exterior windows and doors are broken, boarded or
not present without functioning locks may be deemed vacant regardless
of the occupancy.
[Amended 5-1-2018 by Order
No. 18-184-01]
A.
The provisions of this article apply to all vacant building or abandoned
property located within the City.
B.
Exceptions. This article does not apply to primary residences of
members of the armed forces on active duty, lawful seasonal or resort
residences or facilities being occupied periodically during the year.
[Amended 5-1-2018 by Order
No. 18-184-01]
A vacant building license under the terms of this article is
required. Any person carrying on without a vacant building license
shall be deemed in violation of these provisions.
[Amended 5-1-2018 by Order
No. 18-184-01]
A license pursuant to this article may be issued to the owner
or responsible party of the vacant building named on the approved
license application. One license may be issued for a vacant building
and shall be deemed to cover only such building under single ownership.
No transfer of a license is allowed between owners or between buildings.
[Amended 5-1-2018 by Order
No. 18-184-01]
A.
Beginning August 1, 2017, and within 90 days of a building becoming
vacant, each owner or a responsible party of such vacant building
shall apply for a vacant building license. Applications are made to
the Code Enforcement Office.
B.
Within 90 days of purchasing, transferring, assigning, or acquiring
a vacant building the owner or a responsible party shall apply for
a vacant building license.
[Amended 5-1-2018 by Order
No. 18-184-01; 4-19-2022 by Order No. 22-151-01]
A.
A license may be issued for an owner or responsible party after the
fee required has been paid. The fee shall be paid through the Code
Enforcement Office.
(1)
The fee is three hundred dollars ($300) for each six-month license
issued for vacant buildings which are determined to be abandoned,
including properties in mortgage default according to the criteria
established herein.
(2)
The fee is one hundred dollars ($100) for each twelve-month
license issued for vacant buildings which are maintained by the owner
or under the owner's direct control.
B.
The fee escalates at a rate of two (2) times the prior year fee for
each additional year a building continues as abandoned regardless
of the responsible party.
A.
A license application shall be made to the Code Enforcement Office
on a form furnished by the City Code Enforcement Office for such purpose
and shall include the following information:
(1)
Name, business or residence address, cell phone and primary
telephone numbers, e-mail address of the owner or owners of the building.
(2)
Name, business or residence address, cell phone and primary
telephone numbers, e-mail address of the individual designated by
the owner or owners of the building as the 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 article or code regarding the vacant
building.
(3)
Name, business or residence address, twenty-four-hour-a-day
cell and primary telephone numbers, e-mail address of the property
manager responsible for management and maintenance of the building
which shall be the primary contact for the City to schedule inspections.
(4)
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.
(5)
Street address of the building, parcel identification code or
map and lot for the property on which the building sits.
(6)
Statement of intent, including the expected period of vacancy, the plan for care, maintenance and security of the property during the vacancy, code compliance pursuant to Chapter 90 and Chapter 128, and a plan and timeline for lawful occupancy, rehabilitation, or removal or demolition of the building to commence.
(7)
List of persons authorized to be present in the building, including
a statement that any person not listed shall be considered trespassers.
B.
If any contact information required in the application changes or
becomes out-of-date, the owner must notify the Code Enforcement Office
of the changes in writing within 30 days of such change. Failure to
notify the Code Enforcement Office of changes is a violation of this
article.
The following minimum standards and conditions shall be met
for vacant buildings. Failure to comply with any of these standards
and conditions shall be deemed a violation of this article.
A.
The licensee shall provide complete application information and have
paid the required license fee.
C.
A vacant building shall be free of any property defects as defined
in 30-A M.R.S.A § 3106-B.
D.
A vacant building shall not be a dangerous building pursuant to 17
M.R.S.A § 2851.
E.
No vacant building shall be occupied or illegally occupied in violation
of this Code.
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 vacant
building at any reasonable time for the purpose of inspecting.
[Amended 5-1-2018 by Order
No. 18-184-01]
A.
At the time of application, the owner or responsible party of a vacant building shall arrange for an inspection of the property with the Code Enforcement Office. The purpose of the inspection is to determine and ensure compliance with minimum standards pursuant to Chapter 90 and Chapter 128 and shall include the inspection of the premises, building exterior, common areas, all dwelling units, accessory buildings, and the basement.
B.
If any property defects are identified, property defects are to be
corrected within 30 days of the issuance of a notice to correct or
within 30 days following issuance of a construction permit which was
applied for promptly by the owner or responsible party.
Any person who violates any provision of this article or the
terms of the license may be penalized in the following manner:
A.
Dangerous buildings. A vacant or abandoned building deemed to be
structurally unsafe, unstable, unsanitary, constitutes a fire hazard,
is unsuitable or improper for the use or occupancy to which it is
put, constitutes a hazard to health or safety because of improper
maintenance, dilapidation, obsolescence or abandonment, or is otherwise
dangerous to life or property is a dangerous building and a nuisance
and the City may seek to order the nuisance abated or removed pursuant
to 17 M.R.S.A § 2851.
[Amended 5-1-2018 by Order
No. 18-184-01]
B.
Abandoned building. A vacant or abandoned building may be deemed
to be abandoned and the City may seek to remedy property defects pursuant
to 30-A M.R.S.A § 3106-B.
[Amended 5-1-2018 by Order
No. 18-184-01]
C.
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.
D.
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.
E.
Unlicensed vacant buildings. Any person failing to apply for a vacant
building 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 $300 for
each month the building remains unlicensed.
F.
Civil penalties. In addition to injunctive relief and any fines or
penalties for violating any provision 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.
G.
Condemnation. Upon temporary suspension, revocation, or unlicensed
vacant building the Code Enforcement Officer shall post the property
against occupancy.
[Added 7-21-2020 by Order No. 19-954-01]
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 code. Appeals to the Board of Appeals shall be submitted as otherwise set forth in City Code Chapter 280, Zoning, 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 § 149-6.15, 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 thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article, or part thereof directly
involved in the controversy in which such judgement shall have been
rendered.
