[Added 11-19-2013 by Ord. No. 2013.92]
(a)Â Purpose. All property owners and or tenants of any building shall
take appropriate actions to prevent and or eliminate any bedbug complaints.
(b)Â Definitions. As used in this section, unless the context otherwise
indicates, the following terms shall have the meanings indicated:
PEST CONTROL AGENT
A commercial applicator of pesticides certified pursuant
to Title 22, § 1471-D.
(c)Â Landlord duties. A landlord has the following duties:
(1)Â Upon written or oral notice from a tenant that a dwelling unit may
have a bedbug infestation, the landlord shall, within five days, conduct
an inspection of the unit for bedbugs.
(2)Â Upon a determination that an infestation of bedbugs does exist in
a dwelling unit, the landlord shall, within 10 days, contact a pest
control agent pursuant to Subsection (c)(3).
(3)Â A landlord shall take reasonable measures to effectively identify
and treat the bedbug infestation as determined by a pest control agent.
The landlord shall employ a pest control agent that carries current
liability insurance to promptly treat the bedbug infestation.
(4)Â 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.
(5)Â A landlord may not offer for rent a dwelling unit that the landlord
knows or suspects is infested with bedbugs.
(6)Â 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 Subsection (d)(3). The landlord shall disclose
to the tenant what the cost may be for the tenant's compliance
with the requested bedbug inspection or control measure. After making
this disclosure, the landlord may provide financial assistance to
the tenant to prepare the unit for bedbug treatment. A landlord may
charge the tenant a reasonable amount for any such assistance, subject
to a reasonable repayment schedule, not to exceed six months, unless
an extension is otherwise agreed to by the landlord and the tenant.
This subsection may not be construed to require the landlord to provide
the tenant with alternate lodging or to pay to replace the tenant's
personal property.
(d)Â Tenant duties. A tenant has the following duties:
(1)Â A
tenant shall promptly notify a landlord when the tenant knows of or
suspects an infestation of bedbugs in the tenant's dwelling unit.
(2)Â Upon receiving twenty-four-hour notice including reasons for and
scope of the request for access to the premises, a tenant shall grant
the landlord of the dwelling unit, the landlord's agent or the
landlord's pest control agent and its employees 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.
(3)Â Upon receiving twenty-four-hour notice, a tenant shall comply with
reasonable measures to eliminate and control a bedbug infestation
as set forth by the landlord and the pest control agent. The tenant's
unreasonable failure to completely comply with the pest control measures
results in the tenant's being financially responsible for all
pest control treatments of the dwelling unit arising from the tenant's
failure to comply.
(e)Â General penalty. Whenever a tenant and/or property owners fails to meet any requirements in this section, The City of Biddeford may impose a fine pursuant to Biddeford Code of Ordinances Chapter
1, General Provisions, §Â
1-12.
[Ord. No. 2002.10, 2-5-2002]
Notice to owner or to person or persons responsible. In order to maintain unilateral requirements in notifying property owners of violations observed or alleged, this section supersedes any other notice requirement listed in the City of Biddeford Revised Code of Ordinances or any supplemental code adopted by the City. Except as provided in Chapter
18, Section
18-25, when an employee of the City of Biddeford determines that there has been a violation of the City of Biddeford Revised Code of Ordinances or any supplemental code adopted by the City or has grounds to believe that a violation has occurred or is occurring, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed in Sections
18-23 and
18-24.
[Ord. No. 2002.10, 2-5-2002]
Such notice prescribed in Section
18-22 shall be in accordance with all of the following:
(2)Â Reference the real estate in question by using City Tax Map No. Lot
and Sublot No. if applicable, and the most accurate street address
according to the City of Biddeford Tax Assessor's records.
(3)Â Include a description of the violation or violations and the adopted
code such violations are referenced from.
(4)Â Include a statement requiring the owner or violator to contact the
Code Enforcement Office within five business days to schedule a full
inspection of the real estate referenced and to file a detailed time
line of when repairs will be made and completed, to be approved by
the Code Enforcement Office.
(5)Â If a violation or violations create a substantial risk of serious
bodily injury, then the owner or violator must be advised of this
and informed that criminal charges may be referred over to the Police
Department and the building may be posted unfit for occupancy. If
a building is posted unfit for occupancy, the cost related to moving
and housing tenants will be the sole responsibility of the property
owner.
[Ord. No. 2002.10, 2-5-2002]
Such notice shall be deemed to be properly served if a copy
thereof is:
(2)Â A copy sent by regular mail, to the property owner, at the last known
address as maintained by the City of Biddeford Tax Assessor's
Office; or
(3)Â If the notice is returned showing that the letter was not delivered,
a copy thereof shall be posted in a conspicuous place in or about
the structure referenced in such notice.
[Ord. No. 2002.10, 2-5-2002]
An employee of the City of Biddeford, whose purpose and duties are to enforce the laws of the State of Maine and the ordinances of the City of Biddeford, are not required to follow the provisions as outlined in Chapter
18, Sections
18-23 and
18-24 provided:
(1)Â A summons is issued to the property owner or person or persons responsible
for violating any code adopted by the City of Biddeford;
(2)Â The summons used is authorized and accepted by the District Court
of the State of Maine;
(3)Â Service of the summons is made upon the violator by a person authorized
under law to make such service;
(4)Â An attested or certified copy of the ordinance or ordinances so violated
are attached to the original summons; and
(5)Â The completed summons is properly recorded in the District Court
of the State of Maine having jurisdiction over the violation.