[Adopted 7-18-2017 by Order No. 17-83.06; amended 5-1-2018 by Order No. 18-184-01; 5-7-2019 by Order No. 19-258-01; 7-21-2020 by Order No. 19-954-01; 4-19-2022 by Order No. 22-151-01; 6-4-2024 by Order No. 24-236-01; 11-26-2024 by Order No. 24-126-01]
A. 
It is found that buildings which remain vacant and unoccupied for any significant period of time become a blight in the City and neighborhoods, which attracts criminal activity, is a threat to the public safety, constitutes a fire hazard, constitutes a hazard to health or safety because of inadequate maintenance or dilapidation, is a nuisance or is dangerous to life or property, and causes neighboring properties to suffer from stagnant or declining property value. The use and maintenance of property in such condition and manner endangers the public safety and health, constitutes an unreasonable use and conditions to the annoyance, discomfort, and repose of a considerable number of the public, is detrimental to the public good and common welfare and renders a considerable number of the public insecure in the use and enjoyment of their property, and thus constitutes a nuisance condition.
B. 
Adequate protection of public health, safety and welfare, therefore requires the establishment and enforcement of the means by which such nuisance conditions may be abated.
The purpose of this article is to protect the health, safety, and general welfare of the people of the City by establishing a program to identify, register, inspect to minimum standards and determine the actions the owners will take to return vacant buildings, or abandoned properties or blighted buildings to suitable or proper use or occupancy, or securing or demolishing such vacant and abandoned buildings. This article is intended to prevent or mitigate dangers to health, safety, and welfare, promote responsible management, provide a safe neighborhood for residents, safeguard property values, expedite building repairs, and provide for prompt contact with owners or managers by police, fire, and code enforcement when issues or emergencies develop.
The following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this article, which are defined in articles adopted by reference, have the meanings ascribed to them as stated in those articles.
ABANDONED
A property that has been determined to be abandoned pursuant to 30-A M.R.S.A. § 3106-B, or 30-A M.R.S.A. § 5157 as demonstrated by a totality of evidence and that meets one or more of the following criteria:
A. 
Doors and windows on the property are continuously boarded up, broken or left unlocked.
B. 
Rubbish, trash or debris has accumulated on the property.
C. 
Furnishings and personal property are absent from the property.
D. 
The building or improvements on the property are deteriorating so as to constitute a threat to public health or safety.
E. 
Gas, electric or water service to the property has been terminated or utility consumption is so low that it indicates the property is not regularly occupied.
F. 
A mortgagee has changed the locks on the mortgaged premises and neither the mortgagor nor anyone on the mortgagor's behalf has requested entrance to, or taken other steps to gain entrance to the property.
G. 
Reports of trespassers, vandalism or other illegal acts being committed on the have been made to local law enforcement authorities.
H. 
A code enforcement officer or other public official has made a determination or finding that the property is abandoned or unfit for occupancy.
I. 
The mortgagor is deceased and there is no evidence that an heir or personal representative has taken possession of the property.
J. 
Other reasonable signs of abandonment.
BLIGHTED BUILDING
A building that has been determined to be blight, in which any of the following combination of conditions exist:
A. 
The building is causing obvious depreciation of property value of the property or surrounding properties because of lack of maintenance, disrepair, or stagnation; or contributes to circumstances, use or action that impairs the condition, strength, durability, or appearance of real property; or contributes to circumstances, use or action that is otherwise detrimental to property values or neighboring property. Stagnation is defined as the specific circumstances of the building that perpetuate downtown decay or blight because of failure to remedy circumstances or property conditions in a timely manner (greater than 90 days).
B. 
The building or any portion of the first floor of that building has been unoccupied for a specific and substantial length of time (greater than 90 days), for any number of reasons including, but not limited to the fact that the building or portion thereof is not habitable, there is a lack of a certificate of occupancy for the building or part thereof, or inability to lease or occupy the building or part thereof.
C. 
The property is not being maintained, or is in disrepair, or is dilapidated and any portion of the first floor has been unoccupied for greater than 90 days; and contributes to downtown decay or blight as documented by the Code Enforcement Officer, by one or more of the following property conditions:
(1) 
Missing, broken, or boarded windows or doors.
(2) 
Temporarily shored, collapsing, or missing walls, roof or floor.
(3) 
Seriously damaged or missing siding of four-square feet or more.
(4) 
Need for painting or sealing.
(5) 
Fire damage.
(6) 
Nonfunctional heating, water, or sewer systems.
(7) 
Structurally faulty foundations.
(8) 
Damaged site features and parking areas such as failure to remedy potholes.
(9) 
Rodent harborage or infestation, garbage or trash.
(10) 
Failure to remedy graffiti or other vandalism within 30 days, pursuant to Chapter 132.
(11) 
Factors creating substantial interference with the orderly and lawful use and enjoyment of other space within the building or of other premises or public spaces within the downtown as documented by neighborhood complaints.
PROPERTY DEFECTS
A condition that, in the judgment of the municipality, contributes to blight as a result of the continued lack of care, maintenance or security of a property pursuant to the criteria under the definition of abandonment or blighted building.
RESPONSIBLE PARTY
Any person, agent, holder of an unrecorded contract for deed, a mortgagee or vendee in possession, a mortgagor or vendor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or corporation in control of the freehold of the premises or lessor state therein, or other legal entity having a legal or equitable interest in a vacant building, or blighted building, including but not limited to the beneficiary of a trust, and the holder of a life estate.
VACANT BUILDING
A residential or commercial building or part thereof which is lacking habitual presence of natural persons who have a legal right to be on the premises, or at which substantially all lawful business operations or residential occupancy has ceased with the exception of secure accessory buildings not intended for human occupancy. Any building in which more than one of the total exterior windows and doors are broken, boarded or not present without functioning locks may be deemed vacant regardless of the occupancy.
A. 
The provisions of this article apply to all vacant buildings, or abandoned properties or blighted buildings located within the City.
B. 
Exceptions. This article does not apply to primary residences of members of the armed forces on active duty, lawful seasonal or resort residences or facilities being occupied periodically during the year.
A vacant building license under the terms of this article is required. Any person carrying on without a vacant building license shall be deemed in violation of these provisions.
A license pursuant to this article may be issued to the owner or responsible party of the vacant building named on the approved license application. One license may be issued for a vacant building and shall be deemed to cover only such building under single ownership. No transfer of a license is allowed between owners or between buildings.
A. 
Beginning August 1, 2017, and within 90 days of a building becoming vacant, each owner or a responsible party of such vacant building shall apply for a vacant building license. Applications are made to the Code Enforcement Office.
B. 
Within 90 days of purchasing, transferring, assigning, or acquiring a vacant building the owner or a responsible party shall apply for a vacant building license.
C. 
Within 30 days of a determination by the Code Enforcement Officer that a property is a blighted building, each owner or a responsible party of such blighted building shall apply for a vacant building license.
[Amended 5-20-2025 by Order No. 25-152-01]
A. 
A license may be issued for an owner or responsible party after the fee required has been paid. The fee shall be paid through the Code Enforcement Office.
(1) 
The fee is $440 for each six-month license issued for vacant buildings which are determined to be abandoned, including properties in mortgage default according to the criteria established herein.
(2) 
The fee is $100 for each twelve-month license issued for vacant buildings which are maintained by the owner or under the owner's direct control.
(3) 
Blighted building. The fee is $5,000 for each six-month license issued for properties which are determined to be blighted building,
B. 
The fee escalates at a rate of two times the prior year fee for each additional year a building continues as vacant regardless of the responsible party.
C. 
Verifying security of dangerous building. In addition to fees, a property that has been found to be a dangerous building by the City Council pursuant to M.R.S.A. § 2851 et seq. and continues to remain vacant as of July 1 of each year, shall incur the cost of $750 for verifying security of said vacant building and dangerous building in addition to any other costs for securing said property.
A. 
A license application shall be made to the Code Enforcement Office on a form furnished by the City Code Enforcement Office for such purpose and shall include the following information:
(1) 
Name, business or residence address, cell phone and primary telephone numbers, e-mail address of the owner or owners of the building.
(2) 
Name, business or residence address, cell phone and primary telephone numbers, e-mail address of the individual designated by the owner or owners of the building as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding in connection with the enforcement of this article or code regarding the vacant building.
(3) 
Name, business or residence address, twenty-four-hour-a-day cell and primary telephone numbers, e-mail address of the property manager responsible for management and maintenance of the building which shall be the primary contact for the City to schedule inspections. The name of any bank/lender/lien holder with an interest in the property and its contact information, including the mailing address of the bank/lender/lien holder.
(4) 
Street address of the building, parcel identification code or map and lot for the property on which the building sits.
(5) 
Statement of intent, including the expected period of vacancy, the plan for care, maintenance and security of the property during the vacancy, code compliance pursuant to Chapter 90 and Chapter 128, and a plan and timeline for lawful occupancy, rehabilitation, or removal or demolition of the building to commence.
(6) 
List of persons authorized to be present in the building, including a statement that any person not listed shall be considered trespassers.
B. 
If any contact information required in the application changes or becomes out-of-date, the owner must notify the Code Enforcement Office of the changes in writing within 30 days of such change. Failure to notify the Code Enforcement Office of changes is a violation of this article.
The following minimum standards and conditions shall be met for vacant buildings. Failure to comply with any of these standards and conditions shall be deemed a violation of this article.
A. 
The licensee shall provide complete application information and have paid the required license fee.
B. 
The building shall be in code compliance with Chapter 90 and Chapter 128 pursuant to an inspection of the premises, building exterior, common areas, all dwelling units, accessory buildings, and the basement.
C. 
A vacant building shall be free of any property defects.
D. 
A vacant building shall not be a dangerous building pursuant to 17 M.R.S.A § 2851.
E. 
No vacant building shall be occupied or illegally occupied in violation of this Code.
To safeguard the health, safety, and welfare of the public, Code Enforcement Officers are authorized to enter any licensed vacant building at any reasonable time for the purpose of inspecting.
A. 
At the time of application, the owner or responsible party of a vacant building shall arrange for an inspection of the property with the Code Enforcement Office. The purpose of the inspection is to determine and ensure compliance with minimum standards pursuant to Chapter 90 and Chapter 128 and shall include the inspection of the premises, building exterior, common areas, all dwelling units, accessory buildings, and the basement.
B. 
If any property defects are identified, property defects are to be corrected within 30 days of the issuance of a notice to correct or within 30 days following issuance of a construction permit which was applied for promptly by the owner or responsible party.
Any person who violates any provision of this article or the terms of the license may be penalized in the following manner:
A. 
Dangerous buildings. A vacant or abandoned building deemed to be structurally unsafe, unstable, unsanitary, constitutes a fire hazard, is unsuitable or improper for the use or occupancy to which it is put, constitutes a hazard to health or safety because of improper maintenance, dilapidation, obsolescence or abandonment, or is otherwise dangerous to life or property is a dangerous building and a nuisance and the City may seek to order the nuisance abated or removed pursuant to 17 M.R.S.A § 2851.
B. 
Abandoned building. A vacant or abandoned building may be deemed to be abandoned and the City may seek to remedy property defects pursuant to 30-A M.R.S.A § 3106-B.
C. 
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.
D. 
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.
E. 
Unlicensed vacant buildings. Any person failing to apply for a vacant building license and pay the required fee shall be in violation of this article and such violation is a civil penalty enforced by the Code Enforcement Officer or Police Department and subject to a fine in the amount of $300 for each month the building remains unlicensed in addition to any other fines for violating this article and the fee for the license.
F. 
Civil penalties. In addition to injunctive relief and any fines or penalties for violating any provision of this article or the terms of the license, violation of this article is a civil penalty enforced by the Code Enforcement Officer or 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.
G. 
Condemnation. Upon temporary suspension, revocation, or unlicensed vacant building the Code Enforcement Officer shall post the property against occupancy.
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 code. Appeals to the Board of Appeals shall be submitted as otherwise set forth in City Code Chapter 280, Zoning, regarding administrative appeals, subject to the payment of any fees as may be determined by the municipal officers from time to time.
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 thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, or part thereof directly involved in the controversy in which such judgement shall have been rendered.