Any dwellings, dwelling unit, rooming house, rooming unit, or
any structure or portion thereof being used for human habitation which
is in violation of the provisions of this article to the extent that
it is unfit for human habitation according to the standards contained
herein or other applicable standards may be condemned for habitation
and posted against occupancy by the Building Official. Properties
unfit for human habitation shall include but are not limited to:
A.
Properties which are either damaged, decayed, dilapidated, unsanitary,
unsafe, or vermin-infested in such a manner as to create a serious
hazard to the health, safety, and general welfare of the occupants
or the public;
B.
Properties which lack plumbing, ventilation, lighting, or heating
facilities or equipment adequate to protect the health, safety and
general welfare of the occupants or the public;
C.
Properties which, because of their general condition, state of the
premises, number of occupants, or location, are so unsanitary, unsafe,
overcrowded or otherwise dangerous or detrimental that they create
a serious menace to the occupants or the public;
D.
Properties in or on which the owner, operator, or occupant has failed
to comply with notices or orders issued under the provisions of this
chapter;
E.
Properties which are disorderly houses.
A.
The Building Official shall give notice in writing to the property
owner or operator of such condemnation and posting, and in the event
such property is occupied, shall give like notice to the occupants,
which shall also include a reasonable time limit within which such
property shall be vacated.
B.
The Building Official shall also give notice to the City Manager
of the action.
No property which has been condemned and posted against occupancy
shall again be used for the purpose of habitation until the Building
Official shall, in writing, approve of the property's use and shall
likewise authorize the removal of the posted notice.
It shall be a violation of this article for any person to deface
or remove any such posted notice without the prior approval of the
Building Official. It shall also be a violation of this article for
any person to occupy or let to another for occupancy any property
which has been condemned and posted as provided above without receiving
the prior written approval of the Building Official.
If the owner or operator of any property which has been condemned
as unfit for habitation does not proceed to make the necessary corrections
to bring the property into compliance with the provisions of this
chapter, such owner or operator shall proceed to make the property
safe and secure so that no danger to life or property or fire hazard
shall exist. If the owner or operator fails to do so within a reasonable
amount of time, the City may take all reasonable steps to make the
property safe and secure and recoup the cost from the owner or operator.
If the City takes steps to make the property safe and secure, the
City shall also collect an administrative fee, as set forth in the
fee schedule as amended from time to time.
A.
It shall be a violation of this article for any person to sell, transfer,
or otherwise dispose of any property against which an order has been
issued by the Building Official under the provisions of this article
unless any person shall first furnish to the grantee a true copy of
any such order and shall at the same time notify the Building Official
in writing of the intent to so transfer either by delivering the notice
to the Building Official and receiving a receipt therefor or by registered
mail, return receipt requested, giving the name and address of the
person to whom the transfer is proposed. In the event of a violation
of this section, such person shall be subject to penalties pursuant
to the Code in addition to any penalty which may be imposed for failure
to comply with any order of the Building Official.
B.
No contract or agreement between owner and/or operator and occupant
relating to compliance with the terms of this article shall be effective
in relieving any person of responsibility for compliance with the
provisions of this article as set forth herein.
An appeal from any final decision of the Building Official,
if available by statute or otherwise by law, under the provisions
of this article may be taken by the aggrieved party to the superior
court in accordance with Rule 80B of the Maine Rules of Civil Procedure.
No officer or employee charged with the enforcement of this
article and acting for the City in the discharge of their duties shall
render themselves personally liable for any damage that may occur
to any person or property as a result of their acts in the discharge
of their duties. Any suit brought against any officer or employee
because of any act performed by them under the provisions of this
article shall be defended by the Corporation Counsel until the final
determination of the proceedings therein.
A.
Any owner, occupant, or operator of a building, structure, or premises
shall be guilty of an offense and subject to the penalties and remedies
provided in this chapter and 30-A M.R.S.A. § 4452 if that
person does any of the following:
B.
The imposition of a penalty for a violation does not excuse that
violation or allow it to continue.
In addition to the remedies otherwise provided, the following
specific remedies shall also be available:
A.
Where any building, structure, or property is required to be secured
by this article, the Building Official may secure the building and
charge the owner, occupant, and/or operator a penalty of $500, plus
reimbursement of the actual costs of securing where:
B.
The City Manager is authorized to institute, or cause to be instituted
by the Corporation Counsel, in the name of the City any and all actions,
legal or equitable, that may be appropriate or necessary for the enforcement
of the provisions of this article.
