[HISTORY: Adopted by the City Council of the City of Augusta 4-21-2016 by Ord. No. 16-060. Amendments noted where applicable.]
The provisions of this chapter shall apply to all existing residential
and nonresidential structures and all existing premises and constitute
minimum requirements and standards for premises, structures, equipment
and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, a reasonable level of safety from fire
and other hazards, and for a reasonable level of sanitary maintenance;
the responsibility of owners, an owner's authorized agent, operators
and occupants; the occupancy of existing structures and premises;
and for administration, enforcement and penalties.
Where there is a conflict between a general requirement and
a specific requirement, the specific requirement shall govern. Where
differences occur between provisions of this chapter and any referenced
standards, the provisions of this chapter shall apply. Where, in a
specific case, different sections of the Code of the City of Augusta
specify different requirements, the most restrictive shall govern.
Equipment, systems, devices and safeguards required by this
chapter shall be maintained in good working order. No owner, owner's
authorized agent, operator or occupant shall cause any service, facility,
equipment or utility that is required under this, or by any, code
to be removed from, shut off from or discontinued for any occupied
dwelling, except for such temporary interruption as necessary while
repairs or alterations are in progress. The requirements of this chapter
are not intended to provide the basis for removal or abrogation of
fire protection and safety systems and devices in existing structures.
Except as otherwise specified herein, the owner or the owner's authorized
agent shall be responsible for the maintenance of buildings, structures
and premises.
Repairs, additions or alterations to a structure, or changes
of occupancy, shall be done in accordance with the procedures and
provisions of applicable local, state, and federal codes.
The provisions in this chapter shall not be construed to abolish
or impair existing remedies of the jurisdiction or its officers or
agencies relating to the removal or demolition of any structure that
is dangerous, unsafe and insanitary.
Repairs, maintenance work, alterations or installations that
are caused directly or indirectly by the enforcement of this code
shall be executed and installed in a workmanlike manner and installed
in accordance with the manufacturer's instructions.
Premises shall be graded, loamed, seeded, and maintained to
prevent the erosion of soil and to prevent the accumulation of stagnant
water thereon, or within any structure located thereon, with the exception
of approved retention areas and reservoirs. Loaming and seeding shall
be of particular importance on sites where demolition of a building
occurs and a new building is not immediately constructed.
Privately owned sidewalks, walkways, stairs, driveways, parking
spaces and similar areas shall be kept in a proper state of repair,
and maintained free from hazardous conditions.
A.
This section applies only to land within the MaineDOT Urban Compact
area of Augusta. Premises and exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches. 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. Hayfields
and pastures shall be permitted where the owner demonstrates that
the affected area is actively managed. Premises and exterior property
that is open lawn or field on lots in excess of 1/2 acre may be allowed
to reforest through an actively managed process that includes replanting
and seeding by the owner. This section does not apply to coastal or
floodplain wetlands as those terms are defined in 38 M.R.S.A. § 480-B.
B.
Upon failure of the owner or agent having charge of a property to
cut and destroy weeds after service of a notice of violation, he or
she shall be subject to prosecution in accordance with provisions
of this Code and state law 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.
Structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodent infestation is found, it shall
be promptly exterminated by approved processes that will not be injurious
to human health. After pest elimination, proper precautions shall
be taken to eliminate rodent harborage and prevent reinfestation.
Pipes, ducts, conductors, fans or blowers shall not discharge
gases, steam, vapor, hot air, grease, smoke, odors or other gaseous
or particulate wastes directly upon abutting or adjacent public or
private property or that of another tenant.
Accessory structures, including detached garages, fences and
walls, shall be maintained structurally sound and in good repair.
A.
The exterior of a structure shall be maintained in good repair, structurally
sound and sanitary so as not to pose a threat to the public health,
safety or welfare.
B.
Unsafe conditions. The following conditions shall be determined as
unsafe and shall be repaired or replaced to comply with the International
Building Code or the International Existing Building Code as required
for existing buildings:
(1)
The nominal strength of any structural member is exceeded by nominal
loads, the load effects or the required strength;
(2)
The anchorage of the floor or roof to walls or columns and of walls
and columns to foundations is not capable of resisting all nominal
loads or load effects;
(3)
Structures or components thereof that have reached their limit state;
(4)
Siding and masonry joints, including joints between the building
envelope and the perimeter of windows, doors and skylights, are not
maintained, weather-resistant or water-tight;
(5)
Structural members that have evidence of deterioration or that are
not capable of safely supporting all nominal loads and load effects;
(6)
Foundation systems that are not firmly supported by footings, are
not plumb and free from open cracks and breaks, are not properly anchored
or are not capable of supporting all nominal loads and resisting all
load effects;
(7)
Exterior walls that are not anchored to supporting and supported
elements or are not plumb and free of holes, cracks or breaks and
loose or rotting materials, are not properly anchored or are not capable
of supporting all nominal loads and resisting all load effects;
(8)
Roofing or roofing components that have defects that admit rain,
roof surfaces with inadequate drainage, or any portion of the roof
framing that is not in good repair with signs of deterioration, fatigue
or without proper anchorage and incapable of supporting all nominal
loads and resisting all load effects;
(9)
Flooring and flooring components with defects that affect serviceability
or flooring components that show signs of deterioration or fatigue,
are not properly anchored or are incapable of supporting all nominal
loads and resisting all load effects;
(10)
Overhang extensions or projections including, but not limited
to, trash chutes, canopies, marquees, signs, awnings, fire escapes,
standpipes and exhaust ducts not properly anchored or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects;
(11)
Exterior stairs, decks, porches, balconies and all similar appurtenances
attached thereto, including guards and handrails, are not structurally
sound, not properly anchored or that are anchored with connections
not capable of supporting all nominal loads and resisting all load
effects; or
(12)
Chimneys, cooling towers, smokestacks and similar appurtenances
not structurally sound or not properly anchored, or that are anchored
with connections not capable of supporting all nominal loads and resisting
all load effects.
Structural members shall be maintained free from deterioration
and shall be capable of safely supporting the imposed dead and live
loads.
Foundation walls shall be maintained plumb and free from open
cracks and breaks and shall be kept in such condition so as to prevent
the entry of rodents and other pests.
The roof and flashing shall be sound, tight and not have defects
that admit rain. Roof drainage shall be adequate to prevent dampness
or deterioration in the walls or interior portion of the structure.
Roof drains, gutters and downspouts shall be maintained in good repair
and free from obstructions. Roof water shall not be discharged in
a manner that creates a public nuisance.
Cornices, belt courses, corbels, terra cotta trim, wall facings
and similar decorative features shall be maintained in good repair
with proper anchorage and in a safe condition.
Overhang extensions including, but not limited to, canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust
ducts shall be maintained in good repair and be properly anchored
so as to be kept in a sound condition. Where required, all exposed
surfaces of metal or wood 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.
Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good
repair, with proper anchorage and capable of supporting the imposed
loads.
Chimneys, cooling towers, smoke stacks, and similar appurtenances
shall be maintained structurally safe and sound and in good repair.
Exposed surfaces of metal or wood 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.
Every handrail and guard shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good
condition.
Exterior doors, door assemblies, operator systems, if provided,
and hardware shall be maintained in good condition. Locks at all entrances
to dwelling units shall tightly secure the door. Locks on means of
egress doors shall be in accordance with applicable codes.
Windows may not be boarded up. Every window and skylight shall
be kept in sound condition, good repair and be weather-tight. Within
30 days of the effective date of this chapter, all existing boarded
up windows must be brought into compliance with this provision. Owners
of such buildings may comply by contacting the Office of Code Enforcement
and submitting a reasonable plan of remediation and date by which
compliance will be achieved.
Every basement hatchway shall be maintained to prevent the entrance
of rodents, rain and surface drainage water.
Doors, windows or hatchways for dwelling units, room units or
housekeeping units shall be provided with devices designed to provide
security for the occupants and property within.
Refrigerators and similar equipment not in operation shall not
be discarded, abandoned or stored on premises. If left out for pickup,
pickup must occur within 48 hours, the refrigerator must be upright
with the doors removed, and removal of any refrigerant must be in
accordance with all state and federal regulations.
Fencing and setback of swimming pools: See § 207-13.
Unregistered motor vehicles: See § 207-24.
Sanitation: See Chapter 229.
Solid waste storage and disposal: See Chapter 237.
[Added 12-1-2016 by Ord.
No. 16-189]
Yard sales are limited to three consecutive days and no more
than six yard sales per year, per property. At the end of each yard
sale, all remaining items shall be properly stored. All advertising
signs pertaining to a yard sale must be removed at the end of each
yard sale.
[Added 12-2-2021 by Ord. No. 21-204]
Water shall not be discharged, and surface water flow shall
not be altered or diverted, in a manner that injures or interferes
with the use of public or private property. Failure to comply with
this section constitutes a violation punishable under § 1391-12
of this Code.
