[Adopted 7-18-2017 by Order No. 17-83.06]
A. 
The purpose of this rental housing license and associated rental housing inspection program is to protect the health, safety, and general welfare of the people of the City by recognizing that the offering for rental of housing is a business, classifying and regulating such rentals as a rental housing business, establishing a permanent mode of protecting and regulating the living conditions and life safety of residents of the City who rent dwellings, and to provide a means for imposing license fees separate from property taxes to help the City defray the cost necessary for housing inspections and enforcement of this license and further including in the aims of the license and inspection program, as beneficial purposes to:
(1) 
Correct and prevent conditions that adversely affect the life, safety, welfare and health of occupants of rental housing.
(2) 
Preserve and improve the value of land and buildings throughout the City; and discourage speculation.
[Amended 6-20-2023 by Order No. 23-77-01]
(3) 
Eliminate substandard and deteriorating rental housing.
(4) 
Provide minimum standards for the health and safety of the occupants of rental housing.
(5) 
Provide minimum space standards to prevent overcrowding.
(6) 
Enforce minimum standards for the maintenance of existing residential buildings to prevent slum and blight.
(7) 
Preserve the residential quality of neighborhoods and residential uses to the benefit of Sanford residents; and discourage conversion of housing to transient uses.
[Added 6-20-2023 by Order No. 23-77-01]
(8) 
Support economic opportunities for residents of Sanford and support the tourism economy in Sanford through positive overnight accommodation experiences.
[Added 6-20-2023 by Order No. 23-77-01]
B. 
It is not the intent of the City to intrude upon the contractual relationship between tenant and landlord. The City does not intend to intervene as an advocate of either party, or to act as an arbiter, or to be receptive to the complaints from a tenant or landlord not specifically and clearly relevant to the provisions of this article. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal rights as are available to them without the intervention of the City.
[Amended 4-19-2022 by Order No. 22-151-01]
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this chapter, which are defined in chapters adopted by reference, have the meanings ascribed to them as stated in those chapters.
RENT
Payments made for the use of a premises, including, but not limited to, money, services, trade, or a combination thereof; or the sharing of housing expenses with persons not part of the homeowner's immediate family.
RENTAL HOUSING
Any property that contains a building or division of a building that is rented or available for rent as a dwelling or habitation to any person or persons. Rental housing includes rental of a house, home, apartment, room, or bed for a time period which may terminate upon a certain event, a specific term, for a series of periods until canceled, or at-will.
SHORT-TERM RENTAL
The renting of rental housing for a period of less than 30 days.
[Added 6-20-2023 by Order No. 23-77-01]
A. 
The provisions of this article apply to all rental housing, including and not limited to dwellings and dwelling units, rooms, or beds rented within dwelling units. The provisions apply to rental of single-family dwellings, dwelling units in owner-occupied dwellings, condominiums, townhouses, and to leasehold cooperative dwelling units. The provisions apply to tiny homes and seasonal dwellings. The provisions also apply to lodging establishments including guest homes and cottages as defined in Chapter 155.
[Amended 6-20-2023 by Order No. 23-77-01]
B. 
The provisions of this article do not apply to owner-occupied single dwelling units where no portion of the dwelling is rented; owner-occupied dwelling units in cooperative, condominium, or townhouse buildings where no portion of the dwelling is rented; dwelling units occupied by a family as defined in Chapter 280, Zoning; hotels, motels, or bed and breakfasts; hospitals; convalescent, rest, or nursing homes; residential care or congregate care facilities; or other institutional beds or rooms used for medical or mental health treatment services; or mobile homes regulated by the Federal Department of Housing and Urban Development (HUD) Construction Code.
A valid rental housing license under the terms of this article is required, and no person, including without limitation a property owner, owner's associate, real estate broker, associate real estate broker, real estate agent, or property manager, shall allow any rental housing unit to be occupied, or let or offer to another any rental housing unit for occupancy, or charge, accept or retain rent for any rental housing unless the owner has a valid license under the terms of this article. Any person carrying on such a business activity without a license is in violation of these provisions.
A license pursuant to this article may be issued to the property owner for the property named on the approved license application. One license may be issued for each property with rental housing units and shall be deemed to cover only such dwelling units under single ownership. No transfer of a license is allowed between property owners or between properties.
Before December 31 the owner shall apply for or renew his or her annual rental housing license for the successive year. Within 60 days of purchasing, transferring, or converting a property into a rental housing unit or units the owner shall apply for a rental housing license. All licenses expire on December 31.
A. 
A license may be issued for a property owner after the annual fee required has been paid through the Code Enforcement Office.
[Amended 7-21-2020 by Order No. 19-954-01; 4-19-2022 by Order No. 22-151-01]
B. 
Property owners that apply for and are issued a license by December 31, have corrected any violations upon a second inspection, maintain good standing, and meet all licensing standards are eligible for a credit of 50% per rental housing property per year commencing in the second year through the so-called "Good Neighbor Program."
C. 
Rental housing which has been newly constructed or has undergone substantial renovations impacting all aspects of the building are exempt from the fee for a period of two years because inspections were conducted as part of the receiving a certificate of occupancy. These properties are automatically eligible to roll into the so-called "Good Neighbor Credit Program."
D. 
Rental housing may deduct $100 from the fee for each owner-occupied unit.
A license application shall be made to the Code Enforcement Office on a form furnished by the Code Enforcement Office for such purpose and shall include the following information:
A. 
Name, business or residence address, cell phone and primary telephone numbers, email address of the owner or owners of the property;
B. 
Name, business or residence address, cell and primary telephone numbers, e-mail address of the primary responsible party for the property which shall be the primary contact for the City to schedule inspections and who takes responsibility for maintaining the property and who may also be named if enforcement action is unavoidable.
C. 
Street address of the property, parcel identification code or map and lot for the property.
D. 
Number and kind of rental housing units within the property. For each rental housing unit, specify the floor number and unit number and/or letter and/or designation.
The following minimum standards and conditions shall be met in order to hold a rental housing license and maintain good standing. Failure to comply with any of these standards and conditions shall be deemed a violation of this article and adequate grounds for the denial, revocation, or suspension of a rental housing license.
A. 
The licensee shall provide all application information and have paid the required license fee.
B. 
Rental housing shall not exceed the maximum number of dwelling units permitted by this Code.
C. 
No rental housing shall be over-occupied or illegally occupied in violation of this Code.
D. 
No rental housing shall have outstanding code violations or alternatively be without an plan of action to correct those violations of this Code approved by the Code Enforcement Officer.
E. 
The rental housing shall not have been used or converted to rooming units in violation of this Code.
F. 
The rental housing shall not be under condemnation as hazardous or unfit for human habitation under this Code.
G. 
The rental housing shall not have delinquent real estate taxes due and owing.
To safeguard the health, safety, and welfare of the public, Code Enforcement Officers are authorized to enter any licensed rental housing at any reasonable time for the purpose of inspecting.
A. 
Regular inspections are required for all rental housing.
B. 
After a license has been issued, the Code Enforcement Office will schedule an initial inspection of a licensed property with the owner or responsible party for a mutually agreed upon time.
C. 
Inspections of properties will be conducted as follows:
(1) 
Properties categorized as single-family, two-family, and three-family will have all units and common areas inspected.
(2) 
Properties categorized as four-through-seven-unit and mixed use with four to seven units will have a sampling of four units and the common areas inspected, unless life safety and more than two code violations are found, then all units will be inspected.
(3) 
Properties categorized as eight-plus units and mixed use with eight plus units will have a sampling of five units and the common areas inspected, unless life safety and more than two code violations are found, then all units will be inspected.
(4) 
Owner-occupied dwelling units need not necessarily be inspected.
D. 
The standards to be used for inspections pursuant to Chapter 90 and Chapter 128 shall include the inspection of the premises, building exterior, common areas, all dwelling units, accessory buildings, and the basement.
E. 
If a violation of applicable law, ordinance or regulation is discovered, the owner shall be notified of the nature of the violation and time within which such correction shall be completed. In the event violations have not been corrected upon a second reinspection, or no authorized person was present to accompany the Code Enforcement Officer upon reinspection, violations and penalties will apply unless an extension is granted. The penalty for the third and each successive reinspection is $50.
F. 
Following an inspection, if no violations are found, the property owner will be issued a certificate showing compliance with the license and code.
G. 
Rental housing receiving the so-called "Good Neighbor Credit" will be inspected once every three to four years, unless a tenant complaint cannot be resolved without an inspection; otherwise inspections will be conducted once per year or more frequently as justified due to tenant complaints, calls for police or fire service, age of structure, maintained appearance of the structure, or nonpayment of taxes and other utilities.
Any person who violates any provision of this article or the terms of the license may be penalized in the following manner:
A. 
Temporary suspension. The Code Enforcement Officer, with prior approval of the City Manager or his/her designee, is authorized to immediately and temporarily suspend any license to an entire property or portion thereof. The City Manager or his/her designee shall determine if the continued operation of the licensed premises or activity presents a danger to the health, safety, and general welfare of the public; the Code Enforcement Officer has been refused entry to inspect the premises; the licensed premises has not met the requirements of the City property, building, fire, or applicable State laws; the continuation of the license creates a nuisance; or the licensee has not corrected violations by the expiration date within which such violations were to be corrected; or the building is designated as a disorderly house pursuant to Chapter 114.
[Amended 6-20-2023 by Order No. 23-77-01]
B. 
Revocation. The Code Enforcement Officer, with prior approval of the City Manager or his/her designee, is authorized to immediately revoke any license to an entire property or portion thereof. The City Manager or his/her designee shall determine if the continued operation of the licensed premises or activity presents a danger to the health, safety, and general welfare of the public; the Code Enforcement Officer has been refused entry to inspect the premises; the licensed premises has not met the requirements of the City property, building, fire, or applicable State laws; the continuation of the license creates a nuisance; or the licensee has not corrected violations by the expiration date within which such violations were to be corrected.
C. 
Unlicensed rental housing units. Any person failing to apply for a rental housing license and pay the required fee shall be in violation of this article and such violation is a civil penalty enforced by the Police Department and subject to a fine in the amount of $500 per property in addition to any other fines for violating this article and the fee for licensing the rental housing.
D. 
Civil penalties. In addition to any other fines or penalties for violating any provisions of this article or the terms of the license, violation of this article is a civil penalty enforced by the Police Department. In any such proceeding, the City may seek an administrative warrant to conduct an inspection, court order that the owner and/or operator of the licensed activity abate any violations, pay a penalty between $100 and $2,500 per violation, per day, and pay the court costs, attorneys and expert witness fees incurred by the City, and, if applicable, costs incurred by the City in securing adequate substitute housing for affected tenants.
E. 
Condemnation. Upon temporary suspension, revocation, denial, or unlicensed rental housing units, the Code Enforcement Officer shall post the property against occupancy.
[Added 7-21-2020 by Order No. 19-954-01; amended 6-20-2023 by Order No. 23-77-01]
The Board of Appeals shall act as the Rental Housing License Board of Appeals in order to hear appeals of orders, decisions, or determinations made relative to application and interpretations of this article. Appeals to the Board of Appeals shall be submitted as otherwise set forth in City Code Chapter 10, Appeals, Board of, regarding administrative appeals, subject to the payment of any fees as may be determined by the municipal officers from time to time.
[1]
Editor's Note: Former § 149-5.14, Appeals, was repealed 5-7-2019 by Order No. 19-258-01.
If any clause, sentence, paragraph, section, article, or part of this article or of any ordinance included in this Code or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect impair or invalidate the remainder therefor but shall be confined in its operation to the clause, sentence, paragraph, section, article, or part therefore directly involved in the controversy in which such judgment shall have been rendered.
[Added 6-4-2019 by Order No. 18-165-01]
A. 
Pursuant to 30-A M.R.S.A. § 3014, no person convicted of Class A, B or C sex offenses committed against persons who had not attained 14 years of age at the time of the offense may reside, live, or dwell within 750 feet of the property boundary of any safe zone designated in § 215-5 or 158-6, or a public or private elementary, middle, or secondary school. Failure to comply with this provision shall be deemed a violation of this article.
B. 
A person convicted of Class A, B or C sex offenses committed against persons who had not attained 14 years of age at the time of the offense residing within 750 feet of the property boundary of any safe zone designated in § 215-5 or 158-6 or a public or private elementary, middle, or secondary school may continue to reside at that specific residence as long as the residency was established prior to April 17, 2019, and that residency has been consistently maintained as a primary residence.
C. 
An official map of the restricted residency locations shall be maintained by the City, and licensed rental property owners shall be notified of this residency restriction each year.
D. 
Civil penalty. Violation of this article is a civil penalty pursuant to 30-A M.R.S.A. § 4452, enforced by the Police Department or Code Enforcement Officer. In any such proceeding, the City may order abatement of any violation, pay a penalty between $100 and $2,500 per violation, per day, and pay the court costs, attorneys and expert witness fees incurred by the City.
[Added 6-20-2023 by Order No. 23-77-01]
A. 
Minimum insurance standard. Documentation of general liability and property insurance of at least $500,000 and additionally sufficient coverage for property replacement or demolition and removal.
B. 
To maintain good standing, pursuant to § 149-5.7B, rental housing must have in full force and effect an insurance policy that meets the insurance standard stated in § 149-5.17A. A copy of the policy’s declaration page shall be provided with the application for license pursuant to § 149-5.8.
C. 
If such insurance policy referenced § 149-5.17A is not furnished or cannot be procured for the application for license pursuant to § 149-5.8, the required annual fee pursuant to § 149-5.7A, shall be multiplied by two beginning in 2025 and multiplied by three beginning in year 2027.
[Added 6-20-2023 by Order No. 23-77-01]
A. 
Primary residence in certain zones. A short-term rental in the Urban Zone, Single-Family Residential Zone, and Residential Development Zone, must be the primary residence, as defined in § 280, of the property owner and furthermore:
(1) 
A multiunit property may have up to one short-term rental.
(2) 
A single-family property may have up to one short-term rental unit or up to two rooms for rent, when defined as a guest home under Chapter 280.
B. 
Insurance. The insurance policy standards specified in § 149-5.17A are mandatory for short-term rentals to obtain and maintain a license.
C. 
Occupancy limit. The occupancy limit for a short-term rental is based on a calculation of two adults per bedroom and shall be finally determined by the Code Enforcement Officer. The occupancy limit must be posted in a conspicuous location in the short term rental on a certificate designated by the Code Enforcement Officer.
D. 
Parking. Sufficient on-site parking shall be documented by the property owner. No on-street parking is allowed.
E. 
Fee. The fee for short-term rentals shall be a per room or per rental housing unit rate established under Chapter 149, Licensing, § 149-1.4C, Fees, of this Code, for lodging establishment. The fee shall not be prorated pursuant to § 149-1.4B.
F. 
No vested right. No property owner shall have an entitlement or vested right to continue to operate a short-term rental that does not meet the standards required in this section after 2023.