[HISTORY: Adopted by the Town Meeting of the Town of Madison 6-11-2012. Amendments
noted where applicable.]
This chapter is enacted pursuant to 30-A M.R.S.A. § 3001.
This chapter shall be known and cited as the "Property Maintenance
Ordinance" of the Town of Madison.
The purpose of this chapter is to set a minimum standard for
the maintenance of the grounds of property in order to protect public
health, public safety, property values, and to prevent nuisance conditions.
[Amended 6-13-2016]
All grounds or parts thereof shall be maintained to prevent
unsafe, unsanitary and/or nuisance conditions (according to the nuisance
definition found in 17 M.R.S.A. § 2802 and as shown in the
Appendix[1]) and to avoid any adverse effect on the value of adjoining
properties. Grounds include accessory and appurtenant structures such
as garages, sheds and fences.
[1]
Editor’s Note: The Appendix is included as an attachment
to this chapter.
The grounds of any property shall be kept in good repair and
free of unsafe or unsanitary conditions. Such conditions may include
containing: refuse, household trash, junk, discarded plumbing, heating
supplies, old or scrap copper, brass, rope, rags, batteries, paper
trash, rubber, waste and all scrap iron, steel, other scrap ferrous
or nonferrous material, debris, scrap lumber, inoperable machinery
or part thereof, glass, unused and inoperable appliances, worn and
unused furniture, and one or more junked and/or unserviceable vehicle(s),
other than those licensed for storage according to the Town of Madison
Automobile Graveyard and Junkyard Ordinance.[1] Materials intended for the private use of the property
owner may be stored on the property as long as such material is screened
from the public way and from abutting properties and is not in violation
with state laws. Private use does not include resale.
Within a period of 60 days after casualty (See Appendix.[1]) damage to property grounds or structures, the owner shall cause or contract (See Appendix.) for the repair or restoration of damaged areas and the demolition of any areas not to be repaired and the removal of all debris connected therewith. The CEO may grant an extension under certain hardship conditions. (See § 290-8).
[1]
Editor's Note: The Appendix is included at the end of
this chapter.
Owners, operators, and occupants of properties in violation
of this chapter shall be jointly and severally liable for violations
and for corrective actions required.
A.
The CEO, or his or her designee, shall notify the violator, serving
a written notice by certified mail or by hand delivery. Said notice
shall explain the nature of the violation and require corrective action
within 30 calendar days from the date of the receipt of the notice
to correct the violation, seven days (maximum) for a health and/or
safety violation as determined by the CEO. The violator may appeal
the CEO's decision to the Board of Selectpersons. Appeals must
be made within three working days of notification by the CEO of a
violation. The number of days given for compliance shall start after
the Board of Selectpersons has heard the appeal.
[Amended 6-13-2016]
B.
If a violation is not corrected within the time allowed, the Town
shall pursue all remedies, including pursuit of a judge's order to
abate the property and remove the material in violation at the property
owner's expense provided in 30-A M.R.S.A. § 3758-A(4)(C). In
addition the Town shall pursue relief available by law and/or in equity
for land use ordinances, including, without limitation, the remedies
and relief provided in 30-A M.R.S.A. § 4452, currently including,
without limitation, a penalty of $100 to $2,500 per day for a specific
violation, injunctive relief and reasonable attorney fees, expert
witness fees and costs. The Town shall retain all penalties set forth
in this chapter. The CEO may represent the Town in District Court,
pursuant to Rule 80-K. However, should the services of the Town Attorney
be required, in litigation in a higher court of law, for example,
the CEO shall first review the case with the Town Manager and Board
of Selectpersons.
[Amended 6-13-2016]
C.
The CEO may offer one special extension per person/per incident of
up to 180 days to violators of this chapter under certain hardship
or extenuating circumstances. If a violation is discovered during
winter months (November 1 to April 1) and if winter weather prevents
the correction of a violation, an extension may be given. Cases of
disability or financial hardship shall also be grounds for the consideration
of an extension. Violators requesting an extension for financial hardship
shall be required to prove hardship through financial documentation.
These extensions for seasonal, disability, or financial hardship shall
be at the discretion of the CEO.
If any section, subsection, clause, paragraph, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portions shall be deemed
to be a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
Whenever a provision of this chapter conflicts with or is inconsistent
with another provision of this chapter or any other ordinance, regulation
or statute, the provision imposing the greater restriction shall control.
The newest version of this chapter shall be the one that is enforced.
This chapter shall be effective when approved by the voters
of the Town of Madison.
