This article shall be known as the "City of Biddeford Downtown
Anti-Blight Ordinance."
It is hereby found and declared that the existence of blighted
premises in the downtown of Biddeford will adversely affect property
values and development within the downtown and threatens the health,
safety, general welfare and economic well-being of its residents and
commercial interests. It is further found that blighted properties
can be rehabilitated, reconstructed, demolished and/or reused so as
to provide decent, safe and sanitary housing and/or commercial use,
and that such rehabilitation, reconstruction, demolition and/or reuse
would assist to eliminate, remedy and prevent the adverse conditions
described above.
The purpose of this article is to:
(a) Define, prohibit and abate blighted premises;
(b) Protect, preserve and promote public health, safety, general welfare
and economic well-being; and
(c) Preserve and protect property values and promote development within
the downtown and the City of Biddeford.
No owner, agent, tenant or person in control of real property
located in the downtown of the City of Biddeford shall allow, create,
maintain, cause to be created or maintained, or allow to exist any
blighted premises.
As used in this article, the following terms shall have the
meanings indicated:
BLIGHTED PREMISES
Any building, structure, premises or any part of a structure
that is a separate unit, in which any of the following or any combination
of the following conditions exist (the following list is illustrative,
not exhaustive):
(1)
It is a substantial factor causing obvious depreciation to property
values in the downtown;
(2)
It is not being maintained and/or has been unoccupied for at
least 90 days and contributes to downtown decay/blight as evidenced
by the existence of one or more of the following conditions in ordinary
public view:
(a)
Missing or boarded windows or doors;
(b)
Collapsing or missing walls, roof or floor;
(c)
Seriously damaged or missing siding of four square feet or more;
(d)
Buildings in need of painting or sealing;
(f)
A structurally faulty foundation or foundations; and/or
(g)
Physical hazards, rodent harborage and infestation, garbage,
or trash;
(3)
It is a factor creating a substantial and unreasonable interference
with the reasonable and lawful use and enjoyment of other space within
the building or of other premises within the downtown as documented
by neighborhood complaints.
DILAPIDATED
A building or structure, or part thereof, that would not
qualify for a certificate of occupancy if applied for, or which is
deemed an unsafe structure as defined by the State Building Code,
and any dwelling or unit which is designated as unfit for human habitation
as defined in the State Building Code and/or the Code of Ordinances
of the City of Biddeford.
DOWNTOWN
An area encompassed by the Zoning District identified as
MSRD-1.
ORDINARY PUBLIC VIEW
The view available, from private or public property or public
rights-of-way, from average grade surrounding the property.
PERSON
Any man, woman, family, corporation, or other legal entity
capable of owning or possessing real property.
PREMISES
Any lot or part thereof or parcel or plot of land, either
occupied or unoccupied by any dwelling or nondwelling structure, and
includes any such building, accessory structure or other structure
thereon, or any part thereof. The term "premises," where the context
requires, shall be deemed to include any buildings, dwellings, parcels,
land or structures contained within the scope of this article.
STRUCTURE
Anything built for the support, shelter, or enclosure of
persons, animals, goods or property of any kind, together with anything
constructed or erected with a fixed location on or in the ground,
including decks, stacks, satellite dishes, and antennas, exclusive
of fences, and poles, wiring and other aerial equipment normally associated
with service drops, as well as guying and guy anchors, as well as
sidewalks, driveways, parking lots, and field or garden walls or embankment
retaining walls.
UNIT
Any space within a building that is or can be rented by or
to a single person or entity for its sole use, and is intended to
be a single and distinct space.
UNOCCUPIED
A period of 90 days or longer during which a building or
structure, or part thereof, or land is not legally occupied as documented
by the Code Enforcement Office.
This article applies to all premises within the City of Biddeford
downtown as defined above.
Any person owning premises subject to this article or legally
responsible for maintaining the premises, including the agents thereof,
shall be jointly and severally obligated to comply with the provisions
of this article and subject to the penalties for violation hereof.
Complaints may be submitted to the Code Enforcement Officer
and/or their designee and must be in writing and signed and dated
by the complainant.
If any provision of this article is declared unconstitutional
or held invalid, it shall not affect any other section, clause, or
provision thereof, but the same shall remain in full force and effect.