As used in this division, the following terms shall have the
meanings indicated:
DISORDERLY HOUSE
Any building which:
(1)
The police have visited a minimum number of times in any thirty-day
period, as set forth below, in response to situations which are created
by the owner, tenants, or owner's or tenants' cohabitees,
guests or invitees and which would have a tendency to unreasonably
disturb the community, the neighborhood or an ordinary individual
in the vicinity of said building, including, but not limited to: loud
music; boisterous parties; underage drinking parties; underage drinking;
sounds emanating from within the structure which are audible outside
the building; loud noise or fights within the building or in its vicinity
involving tenants of the building or their invitees (excluding incidents
involving domestic violence); tenants or invitees of tenants being
intoxicated on public ways in the vicinity of the building; other
similar activities in the building or outside the building itself;
or
(2)
The police have visited three or more times in any thirty-day
period in response to situations which are created by the owner, tenants,
or owner's or tenants' cohabitees, guests or invitees and
involve the arrest of owners or tenants or their invitees for activities
which constitute either a crime or civil infraction under either state
or local law, or create a reasonable suspicion that illegal drug use
or sales under 17-A M.R.S.A., Chapter 45 or prostitution or public
indecency under 17-A M.R.S.A., Chapter 35 has occurred.
EVENT or GATHERING
Any group of two or more persons who have assembled or gathered
for a social function or other activity on public or private property
whether indoors or outdoors.
HOST
To aid, conduct, allow, entertain, control or overtly permit
a gathering or event. Mere knowledge that an event or gathering is
occurring is insufficient to constitute host status; but presence
at the gathering or event combined with right of possession or control
of the premises upon which the event or gathering is occurring is
presumed to satisfy host status.
NUISANCE PROPERTY
Conditions of record such as waste disposal violations, health
or safety violations or repeated parking or traffic violations on
or in the vicinity of premises and caused by tenants, guest, persons
patronizing or employed by the premises and/or property, other such
conditions caused by tenants, guests, persons patronizing or employed
by the premises and/or property that unreasonably disturb, interfere
with or affect the ability of persons or businesses residing or located
in the vicinity of the premises to use their property in a reasonable
manner; repeated incidents of record of breaches of the peace, disorderly
conduct, vandalism or other violations of law on or in the vicinity
of the premises and caused by persons patronizing or employed by the
premises [28-A M.R.S.A. 653(2)(C) and (D)].
Whenever a property has been visited by the police in response
to a disturbance two or more times in a thirty-day period as cited
in Subsection (1) of the definition of "disorderly house," the Police
Department or any other agent designated by the City shall notify
the property owner and, if applicable, the licensee of the said visits,
as long as the property owner has registered with the City in accordance
with local ordinance.
Upon designation as a disorderly house/nuisance property the
Code Enforcement Office may inspect the property to the extent reasonably
necessary for the purpose of investigating reports of disorderly house/nuisance
property activities.
If it is determined by the Code Enforcement Officer that an
emergency exists by reason of the continuing presence of a nuisance
that constitutes a threat to one or more individuals or to the public,
the City may perform any action reasonably designed to abate such
nuisance without prior notice or hearing. The City shall assess the
costs as necessary, after notice to the property owner under the applicable
provisions, and opportunity for hearing.
Any person who objects to the amount of expense demanded from
him/her may have a hearing before the Finance Committee of the City
Council or such other person or hearing body as it may designate.
The hearing shall be limited to the question of the reasonability
of the amount of expense demanded. A request for hearing must be in
writing and filed with the Code Enforcement Office within 10 days
after the date of the finance.