The purpose of this chapter is to recognize the right of individual
property owners and occupants within the Town to regulate and maintain
their respective property grounds while at the same time setting minimum
standards for the maintenance of such grounds to ensure that the condition
of the grounds:
A. Is not offensive to the comfort and enjoyment of owners and occupants
of abutting properties in the neighborhood;
B. Is not injurious to the public health, safety and welfare;
C. Promotes the preservation of property values of abutting properties;
and
D. Does not pose potential risks to the environment, including groundwater
and subsurface water quality, and prevents nuisance conditions from
being maintained on the grounds of such properties.
Except as specifically defined herein, the words and phrases
used in this chapter carry their customary and usual dictionary meanings
unless otherwise clearly indicated by the context.
ABUTTING PROPERTY(IES)
As used herein solely, any property with a portion of it
falling within 150 feet of a boundary line of a property in violation
of this chapter.
[Amended 2-8-2021 by Ord. No. 21-02]
CASUALTY
Any unforeseeable, unintended accident or event adversely
affecting a property, such as fire, damage or various events commonly
referred to as "acts of God" or "acts of nature."
GARBAGE
As defined in §
8.1.2.1, the animal, vegetable and any other waste resulting from the handling, preparation, cooking or consumption of food.
GROUNDS
The part of a property not covered by permanent structures.
INDIVIDUAL
Persons, as defined in Title 1, §
1.2.2, to be an individual, corporation, governmental agency, municipality, trust, estate, partnership, association, two or more individuals having a joint or common interest, firm or, in the case of a corporation or association, any official thereof, or other legal entity.
JUNK
Includes dilapidated, discarded, junked or worn-out material(s)
or objects, including but not limited to discarded, worn-out or junked
plumbing heating supplies, electronic or industrial equipment, household
appliances or furniture; discarded, scrapped and junked lumber; and
old or scrap copper, brass, rope, rags, batteries, paper trash, rubber
debris, waste and all scrap iron, steel and other scrap ferrous or
nonferrous material. An item meeting the categories above is presumed
to be junk if it has remained on the ground for more than three months
without being put to active use. An item is not considered junk if
it is placed in relation to construction or renovation of a structure
for which an active Town permit or approval exists, and is removed
within three months from completion of construction or renovations.
[Amended 2-8-2021 by Ord. No. 21-02]
LITTER
All waste materials, including, but not limited to, bottles,
glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish,
offal, except waste parts or remains resulting from the normal field
dressing of lawfully harvested wild game or the lawful use of waste
parts or remains of wild game as bait, feathers, except feathers from
live birds while being transported, abandoned ice-fishing shacks,
old automobiles or parts of automobiles or similar refuse, or disposable
packages or containers thrown or deposited as prohibited in this chapter,
but not including the wastes of the primary processes of mining, logging,
sawmilling, farming or manufacturing.
NUISANCE
As defined in Title 1, §
1.2.2, includes those public and common nuisances as defined by state statute 17 M.R.S. § 2802 et seq.
OCCUPANT
As defined in Title 1, §
1.2.2, means the words "tenant" or "occupant"; applied to a building or land, means and include any person holding a written or oral lease or who occupies the whole or a part of such buildings or land, either alone or with others, and is further defined for this chapter to mean any person living, sleeping or having some actual possession of a dwelling unit, rooming unit or place of business located on a property.
OPERATOR
Is defined in other titles for particular application. For
the purposes of this chapter, it means any person who has charge,
care or control of a dwelling or property, or a part thereof, whether
with or without the knowledge and consent of the owner.
RUBBISH
As defined in §
8.1.2.1; is further defined for this chapter to mean combustible and noncombustible waste materials, except garbage, including but not limited to paper, rags, cartons, boxes, wood (excepting firewood), rubber, tires, leather, tree branches, yard trimmings (e.g., from flowers, weeds, shrubs, hedges, but excluding compost piles), tin cans, metals, mineral matter, glass, crockery and other similar materials.
STRUCTURE
Anything built or constructed and permanently affixed on
a property that cannot be considered grounds or landscaping.
VACANT
Any previously inhabited building or structure which has
been uninhabited for a period of 180 days or longer.
[Added 2-8-2021 by Ord. No. 21-02]
A person may not throw, drop, deposit, discard, dump or otherwise
dispose of litter or waste oil anywhere in the Town in any manner
or amount as prohibited in 17 M.R.S. § 2263-A, except in
public receptacles, in private receptacles for collection, or at the
solid waste facility at those times when it is open to receive litter.
[Amended 7-11-2011 by Ord. No. 11-08]
Within the period of 90 days following the occurrence of a casualty as defined in §
8.2.2 that results in the violation of §
8.2.4, the owner shall cause the removal of all debris or other violations connected therewith so as to be compliant with §
8.2.4. The CEO may grant an extension as provided in §
8.2.10.
Owners, operators, tenants and occupants of a property are jointly
and severally liable for maintaining the property grounds free of
any violation and are liable to take all corrective actions required
to cure and prevent such violations.
[Added 2-8-2021 by Ord. No. 21-02]
The exterior of a structure visible from any public way or abutting
property must be maintained in good repair, structurally sound, secure
and sanitary so as not to pose a threat to the public health, safety
or welfare, or a substantial reduction of property values of abutting
properties. The following applies to any portion of a structure which
is visible from a public way or abutting property:
A. Permanent siding of uniform and water-resistant material
must be applied to any exterior wall. In the event that a property
is found to be in violation of this requirement, the Code Enforcement
Officer shall approve the material to be applied.
B. Permanent covering such as shingles or standard metal
roofing must be applied to the roof. In the event that the property
is found to be in violation of this requirement, the Code Enforcement
Officer shall approve the material to be applied.
C. All entrances must be secured with functioning doors,
which remain locked if the structure is vacant.
D. There may be no broken windows.
E. All structural elements including but not limited to
foundations, roofs, stairs, porches, decks, balconies and cupolas
must be securely installed and in generally good repair.
F. Exception. A building deemed vacant and marked by the Town as such according to §
8.2.8 may be secured via permanent means such as boarding, grating, or bars.
[Added 2-8-2021 by Ord. No. 21-02]
A. Warning signs. When the Code Enforcement Officer determines
that a vacant or otherwise derelict building may pose a serious and
immediate risk to public safety officials, including firefighters,
emergency medical technicians, police officers or the like, who may
be responding to an emergency call at such premises, the Code Enforcement
Officer has the authority, in person or through agents, after providing
written notice to the property owner or responsible party to enter
into any such property to post highly visible signs on the building
which indicate either the building is safe to enter with extreme caution
or unsafe to enter as described below.
(1)
A red sign with a white "X" - fireground operations
may be conducted only from the outside due to major interior hazards;
or
(2)
A red sign with a single white diagonal line-
fireground operations may be conducted from the interior with extreme
caution due to interior hazards.
B. Securing a vacant building. When the Code Enforcement
Officer determines that a vacant or otherwise derelict building may
pose a serious and immediate risk to the general public, the Town
may take actions to secure the envelope of the structure to prevent
unauthorized access, including but not limited to installing boarding,
grating, or bars.
C. Recouping costs incurred by the Town. The cost incurred
by the Town for installing warning signs or securing a vacant or derelict
building may be charged against the owner of the real estate upon
which the building was or is located.
[Amended 2-8-2021 by Ord. No. 21-02]
This chapter is enforced by the Code Enforcement Officer or
designee.
[Amended 2-8-2021 by Ord. No. 21-02]
Enforcement of this chapter shall be commenced by the Code Enforcement
Officer notifying violator(s) by serving a notice of violation and
order of correction ("the notice") upon the violator(s). The notice
must be in writing, describe the nature of the violation, and direct
the violator(s) to take the action necessary to correct the violation,
specifying the time period for correction. The notice must also set
forth the fine and/or penalty that could be imposed in the event that
the violation exists as set out in the notice and is not abated and
corrected within the time period set out in the notice.
[Amended 7-11-2011 by Ord. No. 11-08]
The notice of violation and order of correction ("the notice") pursuant to §
8.2.8 must either:
A. Be served in hand to the violator(s) by the CEO or a person duly
authorized by the CEO;
B. Be left at the violator(s)'s dwelling house or usual place of abode
with a person of suitable age and discretion then residing therein
or with an agent authorized by appointment or by law to receive service
of process;
C. Be mailed by certified United States mail, return receipt requested,
to the violator(s)'s last known address. If the return receipt is
not returned, the notice will be conclusively presumed to have been
served and received three days after it is mailed if it is also sent
by regular United States mail, postage prepaid, which is not returned
as undeliverable by the postal service. Such notice sent by regular
United States mail is conclusively deemed to be received by the addressee
on the third day following the date of mailing; or
D. Be served by any procedure for service of process authorized by Rule
4 of the Maine Rules of Civil Procedure.
The time period within which a violation must be corrected as
set forth in the notice of violation and order of correction is 30
days following receipt of the notice of violation and order, unless:
A. The CEO determines that a longer reasonable time limit is necessary,
considering the nature and extent of the work required to correct
the violation and including any weather conditions during the winter
months that may prevent or impede the correction of the violation
within a thirty-day period.
B. The CEO determines that a shorter reasonable time limit is appropriate
due to the threat posed by said violation to the health, safety and
welfare of the public.
C. The CEO finds that the violator(s) has been previously served a notice
of violation and order of correction for a similar violation within
the last two years; in which case the time limit for corrective action
must be no more than 10 days.