[HISTORY: Adopted by the City Council of
the City of Bangor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-14-2003 by Ord. No. 03-222[1]]
In accordance with 30-A M.R.S.A. § 3003,
the International Property Maintenance Code 2003, published by the
International Code Council, Inc., is hereby adopted as the Property
Maintenance Code of the City of Bangor for the purposes of:
A.
Establishing minimum standards governing the condition,
maintenance and rehabilitation of all existing structures;
B.
Establishing minimum standards governing supplies,
utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for
occupation and use;
C.
Establishing minimum standards governing the condition
of dwellings offered for rent;
D.
Fixing certain responsibilities and duties of owners
and occupants of structures; and
E.
The condemnation of structures unfit for human habitation
and the demolition of such structures.
The International Property Maintenance Code
2003 is adopted in its published form as if fully set forth herein,
except as follows:
A.
Section PM-101.1 is deleted and replaced with the
following:
|
PM-100.1 Title: These regulations
shall be known as the "Property Maintenance Code of the City of Bangor"
and are herein referred to as such or as "this Code."
|
B.
Section PM-106.4 is deleted and replaced with the
following:
|
PM-106.4 Penalty: The penalty for
violations of this Code shall be imposed in accordance with 30-A M.R.S.A.
§ 4452. Each day such a violation is permitted to exist,
after notification by the Code Enforcement Officer, shall constitute
a separate offense.
|
C.
Section PM-107.3 is amended by the addition of the following sentence
at the end of Subsection 3: "A copy so posted on or about the date
the letter was sent is also sufficient for purposes of this subsection."
[Added 2-15-2017 by Ord.
No. 17-070[1]]
D.
Section PM-107.5 is amended by the addition of the
following sentence: "For the purpose of this section, the terminology
sell, transfer, mortgage, lease or otherwise dispose of shall include
the execution of a land sales contract or similar agreement."
E.
Section PM-108.2.1 is added, which shall state the
following:
|
PM-108.2.1 Minimum standards for securing
a building:
| |
|
1.
|
Prior to securing any building, all combustibles
and/or personal property must be removed from the building.
|
|
2.
|
All basement, first- and second-floor windows
and other openings must be made inaccessible to entry in keeping with
these standards.
|
|
3.
|
Windows, doors and other openings above the
third floor must be closed and locked and, if glazed, replaced or
boarded if broken.
|
|
4.
|
All window openings shall be closed through
application of a minimum five-eighths-inch plywood cut to fit the
size of the opening and recessed into the opening; the board shall
be nailed from the outside to supports on the inside of the opening.
A minimum of eight penny nails shall be employed at twelve-inch intervals.
|
|
5.
|
All plywood used for board-up purposes shall
be painted to match the color of the building or building trim.
|
|
6.
|
All doors and other openings shall be locked,
barricaded from the inside and secured with wooden boards at least
5/8 inch in thickness, nailed across such opening with not fewer than
eight penny nails at twelve-inch intervals.
|
|
7.
|
Holes in the foundation shall either be patched
or boarded. When boards are to be employed, it shall be accomplished
by excavation and placement of the board in a trench two feet deep
covered over with earth, and said boards shall be attached to the
wall with either nails or masonry nails, as appropriate. Board size
and nailing should be in accordance with Subsection 4 above.
|
|
8.
|
Openings unprovided for in these standards shall
be closed in accordance with the specifications of the inspector.
|
|
9.
|
Acceptance by the Code Enforcement Division
shall be required. A call for inspection at 945-4400, Extension 124,
is required upon completion.
|
|
10.
|
Periodic maintenance of the grounds and inspection
of the adequacy of steps taken to secure the building are required.
|
F.
Section PM-109.1 is deleted and replaced with the
following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
PM-109.1 Imminent danger: In addition
to the enumerated circumstances in the International Property Maintenance
Code 2003, or subsequent amendments thereto, the Code Enforcement
Officer may order an immediate vacating of any part of, or all of,
a structure which loses its source of heat, cooling, hot water, water
supply or sewer service or has malfunctioning electrical service or
has been substantially damaged due to fire or natural disaster.
| |
|
1.
|
When, in the opinion of the Code Official, there
is actual and immediate danger of failure or collapse of a structure
which would endanger life, or when any structure has fallen and life
is endangered by the occupancy of the structure, or when there is
actual or potential danger to the building occupants or those in the
proximity of any structure because of explosives, explosive fumes
or vapors or the presence of toxic fumes, gases or materials or use
of defective or dangerous equipment, the Code Official is hereby authorized
and empowered to order and require the occupants to vacate the premises
forthwith. They shall cause to be posted at the main entrance to such
structure a notice reading as follows: "This structure is unsafe and
its use or occupancy has been prohibited by the Code Official."
|
|
2.
|
It shall be unlawful for any person to enter
such structure except for the purpose of securing the structure, making
the required repairs, removing the hazardous condition or demolishing
the structure.
|
G.
Sections
110.1, 110.2 and 110.3 are deleted and replaced with the following:
|
PM-110.1 General: The Code Enforcement Officer
or their designee may order the owner of any premises upon which is
located any structure, which in the judgment of the Code Enforcement
Officer or their designee is so old, dilapidated or has become so
out of repair as to be dangerous, unsafe, insanitary or otherwise
unfit for human habitation or occupancy, and such that it is unreasonable
to repair the structure, to demolish and remove the structure; or
if such structure is capable of being made safe by repairs, to repair
and make safe and sanitary or to demolish and remove at the owner's
option; or, where there has been a cessation of normal construction
of any structure for a period of more than two years, to demolish
and remove such structure; provided that in each case all required
permits and approvals for repair or for demolition and removal must
first be obtained before repairs or demolition may take place.
|
|
PM-110.2 Notices and orders. All notices and orders
shall comply with Section 107.
|
|
PM-110.3 Failure to comply: If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Enforcement Officer or their designee may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal may be charged against the real estate upon which the structure is located and be a lien upon such real estate. Notwithstanding Chapter 23 of this Code, no decision or order of the Code Enforcement Officer or their designee made pursuant to PM-110.1 through PM-110.3 may be appealed to the Board of Appeals; however, the Code Enforcement Officer or their designee may not cause a structure to demolished and removed pursuant to said subsections unless the City Council has approved of said demolition after notice and hearing.
|
H.
Sections PM-111.1, PM-111.2., PM-111.2.1, PM 111.2.2,
PM-111.2.3, PM-111.2.4, PM-111.2.5, PM-111.2.6 and PM-111.3 are deleted
and replaced with the following:
|
PM-111.1 Appeals:
| |
|
1.
|
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Code may request and shall be granted a hearing on the matter before the Board of Appeals established under Chapter 23, Article I, of the Code of the City of Bangor. All procedures, fees and requirements for appeals and hearings before the Board shall be governed by the provisions of Chapter 23, Article I.
|
|
2.
|
The Board’s decision may only reverse
or modify the Code Enforcement Officer’s decision upon a finding
that, with respect to the activity in question, this Code has been
incorrectly interpreted, that the provisions of this Code do not fully
apply to the contemplated activity or that the type or form of construction
is the equivalent to that required by this Code.
|
|
3.
|
An appeal filed in accordance with the provisions
of this Code or any other City ordinance shall not be deemed to stay
or suspend operation of any placard notice, order to quit or other
order or action issued by the City’s Code Enforcement Officer.
|
I.
Section PM-112.0 is added, which shall state the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
|
SECTION PM-112.0 APPLICABILITY
| |
|
This section shall provide a method for enforcing
and securing compliance with the various provisions, codes and ordinances
adopted by the City of Bangor.
| |
|
PM-112.1 Investigation: Upon receipt
of information indicating the likelihood of a violation of any provision
of this Code or ordinances adopted by the City of Bangor, the Code
Enforcement Officer shall investigate the facts and may make an inspection
of the premises when legally authorized to do so.
| |
|
PM-112.2 Citation:
| |
|
1.
|
If the investigation reveals that a Code violation
has occurred, the enforcement official may give a written citation
of such violation to the person, firm or corporation (hereinafter
"violator") having control of any land, building, structure, sign,
licensed or permitted business or operation which is in violation
and order that the violation be corrected. The citation may be served
in hand to the violator or left with a person of suitable age and
discretion at the residence or place of business of the violator or
mailed by certified mail, return receipt requested, to their last
known address. If the return receipt is not returned, the citation
shall be conclusively presumed to have been served if it is also sent
by regular mail, postage prepaid, which is not returned as undeliverable
by the postal service.
|
|
2.
|
In the event that the enforcement official finds
that the violation is one which requires immediate correction to protect
the public health or safety, they may provide the citation hereunder
by means of telephone or facsimile transmission to the violator or
to a person of suitable age and discretion at the residence or place
of business of the violator.
|
|
PM-112.3 Content of citation: The
citation shall be in writing, shall describe the nature of the violation,
including the ordinance section violated, and shall state the date
by which the violation must be corrected, that a civil penalty in
the amount specified under Section PM-112.5 of this chapter is assessed
for the violation, the date by which the penalty must be paid and
to whom and the consequences of failing to pay the penalty within
the period stated. The citation shall state that additional penalties
will be imposed if the violation is not corrected within the time
period set forth in the first citation. Any additional citation that
may be issued for the same violation shall also state that all penalties
are cumulative.
| |
|
PM-112.4 Time limits for corrective action: The time period specified in a citation within which a violation
must be corrected shall be reasonable taking into consideration the
following factors:
| |
|
1.
|
The threat posed by said violation to the health,
safety and welfare of the public;
|
|
2.
|
The nature of the work required to correct the
violation; and
|
|
3.
|
Any notice period given to the violator in a
previous citation for the same violation.
|
|
PM-112.5 Interest and enforcement of fines: All civil penalties assessed by citation shall be deemed due and
payable within five days after the date by which the violation was
ordered to be corrected. All civil penalties not paid when due shall
bear interest at the same rate imposed for late payment of City property
taxes. Any civil penalty assessed by citation, when paid in a timely
fashion by the violator, shall bar the City from taking further legal
action with respect to the violation, provided that the violation
is corrected within the time specified by the Code Enforcement Officer.
| |
|
PM-112.6 Further citations: If
the violation has not been corrected within the time specified in
the first citation, the enforcement official may issue a second citation.
The second citation shall contain the same information set forth in
the first citation regarding the nature of the violation but may do
so by reference to the first citation. It shall also state what additional
penalties have been imposed for the second citation. The second citation
shall also state that the continued failure to correct the violation
may result in the issuance of further citations and shall indicate
the penalties provided for the issuance of subsequent citations. The
time limits specified for correcting the violation may be the same
as that allowed in the first citation or may be altered if there has
been a change in circumstances. The same procedure shall be followed
with regard to the issuance of subsequent citations.
| |
|
PM-112.7 Civil proceedings: If
the violation has not been corrected within the period established
in the citation, the Code Enforcement Officer or City Solicitor may
initiate appropriate legal proceedings to compel the violator to correct
the violation and seek other relief to which the City may be entitled,
including imposition and collection of fines assessed by citations
pursuant to Sections 112.2 and 112.6 above. Such legal proceedings
may include the initiation of a land use complaint pursuant to Rule
80K of the Maine Rules of Civil Procedure and 30-A M.R.S.A. § 4452,
as amended. The amount of any fine sought by the City in the course
of such legal proceedings shall not be less than the amount of the
fine specified in the original citation.
| |
|
PM-112.8 Repeat violations: A violator
who has been previously served with a notice of violation with regard
to a specific violation shall not be entitled to receive any further
notice of the same violation if it is repeated. If the enforcement
official determines that a violator has repeated the same violation,
they may proceed in accordance with Section PM-112.7 without further
notice.
| |
|
PM-112.9 Effect on other ordinances: Section PM-112.0 et seq. does not supersede or repeal any other
provision of the City’s ordinances or this Code. Except as provided
in Section PM-112.6 above, nothing herein precludes the initiation
of any other legal proceeding which may be authorized by ordinance
or applicable state or federal laws.
| |
J.
The definition of "Code Official" contained in Section
PM-202.0 is deleted and replaced with the following:
|
CODE OFFICIAL: The Code Enforcement
Officer of the City of Bangor.
|
K.
Section 302.4 is deleted and replaced with the following:
|
PM-302.4 Weeds: Except during the
month of May, all premises and exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches (254 mm). All
noxious weeds shall be prohibited. "Weeds" shall be defined as all
grasses, annual plants, and vegetation, other than trees or shrubs:
provided, however, that this term shall not include cultivated flowers
and gardens.
|
|
Upon failure of the owner or agent having charge
of a property to cut and destroy weeds after service of a notice of
violation, they shall be subject to prosecution in accordance with
§ 106.3 and as prescribed by the authority having jurisdiction.
Upon failure to comply with the notice of violation, any duly authorized
employee of the jurisdiction or contractor hired by the jurisdiction
shall be authorized to enter upon the property in violation and cut
and destroy the weeds growing thereon, and the costs of such removal
shall be paid by the owner or agent responsible for the property.
|
L.
Section PM-304.14 is deleted and replaced with the
following:
|
PM-304.14 Insect screens: During
the period from April 1 to November 1, every door, window and other
usable outside opening used or required for ventilation purposes servicing
any building containing habitable rooms, food preparation areas, food
service areas or any areas where products used in food for human consumption
are processed, manufactured, packaged or stored shall be supplied
with approved, tightly fitting screens of not less than 16 mesh per
inch, and every swinging door shall have a self-closing device in
good working condition.
|
|
Exception: Screen doors shall not
be required for out-swinging doors or other types of openings which
make screening impractical, provided that other approved means, such
as air curtains or insect-repellent fans, are employed.
|
M.
Sections PM-602.2, 602.3 and 602.4 are deleted and
replaced with the following:
|
PM-602.2 Residential buildings: Every dwelling unit shall be provided with heating facilities capable
of maintaining a room temperature of 68° F. at a level of five
feet above the floor and a distance of three feet from the exterior
walls at an outside temperature of -20° F.
| |
|
PM-602.3 Heat supply: Every owner
and operator of any building who rents, leases or lets one or more
dwelling units, rooming units or dormitory or guest rooms on terms,
either express or implied, to furnish heat to the occupants thereof
shall supply sufficient heat to maintain a room temperature of not
less than 68° F. in all habitable rooms, bathrooms and toilet
rooms during the hours between 6:30 a.m. and 10:30 p.m. of each day
and not less than 60° F. during other hours. The temperature shall
be measured at a point five feet above the floor and three feet from
the exterior walls, When the outdoor temperature is below the outdoor
design temperature required for the locality by the Mechanical Code
listed in Chapter 8, the owner or operator shall not be required to
maintain the minimum room temperatures, provided that the heating
system is operating at full capacity, with supply valves and dampers
in a full open position.
| |
|
PM-602.4 Nonresidential structures: Every enclosed occupied work space shall be supplied with sufficient
heat during the period from October 1 to May 15 to maintain a temperature
of not less than 65° F. (18° C.) during all working hours.
The temperature shall be measured at a point three feet (914 millimeters)
above the floor and three feet from the exterior walls.
| |
|
Exceptions:
| |
|
1.
|
Processing, storage and operation areas that
require cooling or special temperature conditions.
|
|
2.
|
Areas in which persons are primarily engaged
in vigorous physical activities.
|
N.
Section PM-704.5 is added, which shall state the following:
|
PM-704.5 Burglar and other emergency alarm
systems: No burglar and other emergency alarm system, as described in Chapter 58, Alarm Systems, Article I, Burglar and Emergency Alarm Systems, of the Code of the City of Bangor, shall be installed and operated in any structure unless the same shall be installed and operated in compliance with the National Electrical Code in effect in the City of Bangor at that time and unless the alarm user possesses or has been issued a valid permit pursuant to Chapter 58 of the Code of the City of Bangor.
|
[1]
Editor's Note: Former § 223-3, Uninhabitable buildings,
added 9-13-2004 by Ord. No. 04-261, as amended, was repealed 2-15-2017
by Ord. No. 17-070
[Added 5-8-2006 by Ord. No. 06-144]
A.
The owner and occupant of real property shall be responsible for
keeping the public right-of-way along the full frontage of the property
to the center of the street or road free and clear of trash, debris,
discarded items, and weeds and plant growth in excess of 10 inches.
[Amended 5-29-2019 by Ord. No. 19-178]
B.
The Code Enforcement Officer shall notify the owner and/or occupant
in writing if trash, debris, and discarded items must be removed from
the public right-of-way, or if the height of weeds or plants exceeds
10 inches and must be mowed. Notification shall be accomplished by
mailing the notice to the owner and/or occupant and leaving a copy
of the same at the premises. If the condition has not been remedied
within five business days, the City may remedy the condition and bill
the party notified for the cost of removing and disposing of trash,
debris, or discarded items or cost of mowing.
[Amended 5-29-2019 by Ord. No. 19-178]
[Adopted 10-28-2013 by Ord. No. 13-344]
A.
Vacant or abandoned properties, particularly residential properties,
create and pose significant and costly problems for the City. These
properties often become a drain on the City budget and detract from
the quality of life of the neighborhood and the City as a whole. Vacant
buildings are an impediment to neighborhood redevelopment and rehabilitation,
decrease property values, and prevent neighborhood stabilization.
These structures are unsightly, often structurally unsound or otherwise
dangerous, attract criminal activity, and otherwise create a threat
to public health, safety, and welfare of neighboring properties and
the general public.
B.
A significant obstacle in providing effective and prompt enforcement
of the current City Codes, as they relate to vacant buildings, is
the inability to contact the owners of abandoned properties. These
buildings are often also the subject of foreclosure actions by lien
holders, which take considerable time to resolve.
C.
Certain categories of vacant properties, such as homes of "snowbirds"
or members of the armed forces on active duty deployment, are less
likely to cause problems and accompanying City costs.
D.
The purpose of this article is to provide a just, equitable and practicable
method for identifying, managing and responding to the numerous issues
associated with vacant 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 housing repairs, and provide for prompt contact with
owners or managers by Police, Fire, and Code Enforcement when issues
or emergencies develop.
B.
OWNER
PROPERTY MANAGER
VACANT BUILDING
For the purpose of interpreting this article, the following terms,
phrases, words and their derivations shall have following meanings:
Any person, agent, firm, corporation or other legal entity
having a legal or equitable interest in a vacant building, including
but not limited to a mortgagee in possession, the beneficiary of a
trust, or the holder of a life estate.
A Maine-based entity, corporation, or individual or the designee
of the owner that is responsible for maintaining, securing, and inspecting
vacant buildings.
Any building or other structure that is unoccupied by a person
or occupied by unauthorized persons for 60 days, excepting permitted
garages or accessory buildings.
A.
This article applies to all vacant buildings located within the URD-1,
URD-2, M&SD, NSD, DDD, LDR, HDR, and RR&A Zoning Districts
in the City of Bangor.
B.
Notwithstanding Subsection A, §§ 223-8 through 223-10 of this article do not apply to primary residences of members of the armed forces on active duty, vacation or resort facilities, or residences of persons on extended vacations or alternative living arrangements with the intention to return to the property and live (e.g., "snowbirds"). Owners of vacant buildings qualifying under one of these exemptions are required to have the property maintained by a property manager and to provide the City with a valid emergency contact number for the owner or the property manager.
A.
The owner of a vacant building must obtain a vacant building registration
permit for the period during which it is vacant.
B.
When a building or structure becomes vacant, the owner of the building
must apply for and obtain a vacant building registration permit and
pay the fee within 60 days of the building becoming vacant.
C.
Standard vacant building registration permit.
(1)
The Code Enforcement Division shall issue a standard vacant building
registration permit upon being satisfied that the building has been
inspected and is in compliance with the vacant building maintenance
standards set forth in this article, and is adequately protected from
intrusion by trespassers and from deterioration by the weather.
(2)
A standard vacant building registration permit is valid for six months
from the date of approval.
D.
Interim vacant building inspection permit.
(1)
If a vacant building is inspected and determined not to meet one or more of the maintenance standards listed in § 223-11, the Code Enforcement Division shall issue an order for any work needed to:
(a)
Adequately protect the building from intrusion by trespassers
and from deterioration by weather by bringing it into compliance with
the vacant building maintenance standards set forth in this article;
and
(b)
Ensure that allowing the building to remain will not be detrimental
to the public health, safety and welfare, will not unreasonably interfere
with the reasonable and lawful use and enjoyment of other premises
within the neighborhood, and will not pose an extraordinary hazard
to police officers or firefighters entering the premises in times
of emergency.
(2)
When issuing orders under Subsection D(1), the Code Enforcement Division shall specify the time for completion of the work. The order will act as an interim vacant building registration permit, the duration of which will be for the time set forth in the order. No interim registration permit may be effective for a period of more than 90 days.
(3)
All work done pursuant to this article must be done in compliance
with the applicable building, fire prevention, life safety, and zoning
codes.
E.
After the vacant building registration permit is issued, a placard
provided by the Code Enforcement Division shall be posted on the property
by the owner or its agent or property manager. This placard shall
be posted on the front door and shall include, but not be limited
to, the name, address and phone number of the owner or its agent,
and the twenty-four-hour-a-day contact information of the property
management company.
F.
Upon the expiration of a vacant building registration permit, if
the building or structure is still vacant, the owner must arrange
for an inspection of the building and premises with the appropriate
Code Enforcement, Police and Fire Officials, and renew the permit
within 10 days of expiration. All permit renewals shall be subject
to all conditions and obligations imposed by this article and any
previous permits unless expressly exempted therefrom.
A.
Application by the owner of a vacant building or structure for a
vacant building registration permit must be made on a form provided
by the Code Enforcement Division. Applicants must disclose all measures
to be taken to ensure that the building will be kept weathertight
and secure from trespassers, safe for entry of police officers and
firefighters in times of exigent circumstances or emergency, and together
with its premises be free from nuisance and in good order in conformance
with vacant building maintenance standards, and other codes adopted
by the City of Bangor.
B.
The application shall include a "statement of intent." The statement of intent shall include information as to the expected period of vacancy (including the date of vacancy), the plan for regular maintenance during the vacancy to comply with the maintenance standards of § 223-11, and a plan and timeline for the lawful occupancy, rehabilitation, or removal or demolition of the structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The application shall include a list of persons authorized to be
present in the building, along with a statement that any persons not
listed shall be considered trespassers. The owner shall update the
authorized person list as needed.
D.
Contact information. The application shall include the following:
(1)
The name, street address, telephone number, and e-mail address of
a designated individual designated by the owner or owners of the vacant
building as their 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
Code regarding the vacant building.
(2)
The name of at least one property manager responsible for management
and maintenance of the property, along with their twenty-four-hour-a-day
contact information.
(3)
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.
(4)
If any contact information required under this subsection changes
or becomes out-of-date, the owner must notify the Code Enforcement
Division in writing within 30 days of such change.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
A fee as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code or the cost of all materials, staff time, and other expenses of the City related to administering and enforcing this article, whichever is greater, shall be charged for a vacant building registration permit or interim permit. The fee for renewal of a vacant building registration permit shall also be as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code. The fee must be paid at the time of application or renewal. No permit shall be issued prior to payment of the permit or renewal fee. If an owner has secured all the duly required permits to demolish the building or structure, no fee is required if the building or structure is in fact demolished within 90 days of becoming vacant; should this ninety-day period expire, the fee becomes due immediately.
[Amended 6-12-2023 by Ord. No. 23-154; 5-22-2023 by Ord. No. 23-140]
A.
Upon and at the time of application, the owner of a vacant building
or structure shall arrange for an inspection of the premises by staff
of the Code Enforcement Division. The purpose of such inspections
is to determine and ensure compliance with vacant building maintenance
standards. The Code Enforcement Division may bring on the inspection
such other government officials as it deems prudent to ensure compliance
with standards and the safety of the building, including but not limited
to police and fire officials.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
If Code Officials have reason to believe that an emergency or imminent
danger exists tending to create an immediate danger to the health,
welfare, or safety of the general public, Code, Police and Fire Officials
have the authority to enter and inspect the vacant building and premises
upon which it stands without notification or warrant being required.
An owner of a vacant building must adequately protect it from
intrusion by trespassers and from deterioration by the weather. A
vacant building shall be deemed adequately protected from intrusion
by trespassers and from deterioration by the weather if it satisfies
the following vacant building maintenance standards:
A.
Building openings. Doors, windows, areaways and other openings must
be weathertight and secured against entry by birds, vermin and trespassers.
Missing or broken doors, windows and other such openings must be covered
by glass or other rigid transparent materials which are weather protected
and tightly fitted and secured to the opening.
B.
Roofs. The roof and flashings shall be sound and tight, admit no
moisture and have no defects which might admit moisture, rain or roof
drainage, and allow for drainage to prevent dampness or deterioration
in the interior walls or interior of the building.
C.
Drainage. The building storm drainage system shall be functional
and installed in an approved manner, and allow discharge in an approved
manner.
D.
Building structure and sanitation. The building shall be maintained
in good repair, structurally sound and free from debris, rubbish and
garbage, including but not limited to any combustible waste and refuse.
The building shall be sanitary. The building shall not pose a threat
to the public health and safety.
E.
Structural members. The structural members shall be free of deterioration
and capable of safely bearing imposed dead and live loads.
F.
Foundation walls. The foundation walls shall be structurally sound
and in a sanitary condition so as not to pose a threat to public health
and safety, shall be capable of supporting the load which normal use
may cause to be placed thereon, and shall be free from open cracks
and breaks, free from leaks, and animal proof and ratproof.
G.
Exterior walls. The exterior walls shall be free of holes, breaks,
and loose or rotting materials. Exposed metal, wood, or other surfaces
shall be protected from the elements and against decay or rust by
periodic application of weather-coating materials, such as paint or
similar surface treatment.
H.
Decorative features. The cornices, belt courses, corbels, terra-cotta
trim, wall facings and similar decorative features shall be safe,
anchored, and in good repair. Exposed metal, wood, or other surfaces
shall be protected from the elements and against decay or rust by
periodic application of weather-coating materials, such as paint or
similar surface treatment.
I.
Overhanging extensions. All balconies, canopies, marquees, signs,
metal awnings, stairways, fire escapes, standpipes, exhaust ducts
and similar features shall be in good repair, anchored, safe and sound.
Exposed metal and wood surfaces shall be protected from the elements
and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
J.
Chimneys and towers. Chimneys, cooling towers, smokestacks, and similar
appurtenances shall be structurally safe and in good repair. Exposed
metal and wood surfaces shall be protected from the elements and against
decay or rust by periodic application of weather-coating materials,
such as paint or similar surface treatment.
K.
Walkways. Walkways shall be safe for pedestrian travel.
L.
Accessory and appurtenant structures. Accessory and appurtenant structures
such as garages, sheds, and fences shall be free from safety, health,
and fire hazards and shall comply with these vacant building maintenance
standards.
M.
Premises. The premises upon which the structure or building is located
shall be clean, safe, and sanitary, free from waste, rubbish, debris
or excessive vegetation, and shall not pose a threat to the public
health or safety.
N.
The owner of a vacant building or structure must comply with all
building, fire, life safety, zoning, and other applicable codes or
ordinances and must apply for any building, fire prevention, and zoning
permits necessary to perform work required by this article.
[Amended 5-22-2023 by Ord. No. 23-140]
Any person who is found to be in violation of any provision
or requirement of this article shall be subject to a civil penalty
and the enforcement provisions as set forth in 30-A M.R.S.A. § 4452.
Each violation of a separate provision or requirement, and each day
of violation, shall constitute a separate offense.
