[HISTORY: Adopted by the City Council of
the City of Saco as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-17-2017]
The City intends to hold owners of multifamily dwellings accountable
and responsible for the maintenance of safe living conditions by establishing
a multifamily dwelling unit registration and inspections program.
Many owners form limited liability companies and other various forms
of proprietorships in order to have undisclosed and unidentifiable
principals. Many individuals no longer have landlines and communicate
mainly with cell phones which are mostly unlisted. This makes the
effort to locate the person(s) who owns the property extremely difficult
and very time consuming. By requiring the disclosure of ownership,
it provides a transparency to the citizens of Saco and enables City
officials to perform their duties. The City intends to improve safety
and sanitary living conditions for the residents of multifamily dwellings
by establishing a program of regular inspections of such properties
through its Code Enforcement Office. The City seeks to assure properties
come into compliance with current life safety codes and standards,
and that owners are alerted to any detrimental conditions that could
place tenants at risk. The City intends to work cooperatively and
proactively with owners of such properties by setting a protocol for
regular inspections, as well as providing owners with clear standards
for maintenance of their properties. The City recognizes the public
safety benefits of centrally monitored fire alarm systems and sprinkler
systems by offering discounts for buildings that contain such systems.
Multifamily properties comprise almost 25% of the housing stock
in the City of Saco, and it is estimated that over 20% of City residents
live within one of these units. Typically, these properties are older
and were built prior to the enactment of today's rigorous life
safety codes. In addition, the City does not currently have a regular
inspection program for such properties. Based on various risk factors
such as the age of the existing housing stock, the housing stock consisting
of mainly wood frame construction and the lack of a proactive inspection
program make the residents vulnerable to a significant life safety
event. Fires in nearby communities, where multiple fatalities have
occurred, affirm the importance of periodic safety inspections for
these types of properties.
This proposed article to be adopted pursuant to the City's
home rule authority pursuant to the Maine Constitution and 30-A M.R.S.A.
§ 3001 et seq.
As used in this article, the following terms shall have the
meanings indicated:
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Any portion of a single-family home, condominium, or apartment that is rented or is available to rent to an individual or individuals who are not the owners is a rental unit. Dwelling units, rooming units, and sleeping units as defined in the International Property Maintenance Code, as referenced in the City of Saco Chapter 163, are rental units. Dwelling units, rooming units and sleeping units shall be used synonymously.
An inspection performed by a Code Enforcement Officer and/or
Fire Official to evaluate the building for compliance with current
life/fire safety standards and compliance with the International Property
Maintenance Code.
A building containing three or more dwelling units located
all within the same structure and under the same ownership.
Any company responsible for the management of a multifamily
dwelling unit and which has access and control over the entire premises.
Any individual responsible for the management of a multifamily
dwelling unit and who has access and control over the entire premises.
A.
Owner(s) of a multifamily dwelling building shall register their
ownership with the City. Registrations are due October 1 of each calendar
year or within 30 days of purchase of the property. If a new owner
registers for the first time after October 31, the annual registration
fee will be prorated on a monthly basis. If a new owner registers
mid-month, they will not be charged for the month in which they register.
The registration is valid through September 30 of the following year
or September 30 of the year in which they register. All registrations
must be renewed by October 1 of every year. The fee set forth below
is per dwelling unit.
B.
Registrations will be done through the Code Enforcement Office. All
fees shall be made payable to the City of Saco and shall be processed
at the submission of the registration.
C.
In the event the owner uses a property management firm or has a property
manager, the owner shall provide the property manager's or property
management firm's contact information at the time of registration.
If the property management changes during the twelve-month registration
period, the owner shall renotify the City within 30 days of the date
of the change.
D.
The annual registration and inspection fee is established in the
fee table.
E.
Registration and renewal fee discounts. In recognition that there
are certain actions that owners of rental units may take that reduce
the risk to safety and decrease the financial burden upon the City,
one of the following discounts to the registration fee and renewal
fee are available. Discount shall be cumulative for buildings that
have both a sprinkler system and centrally monitored fire alarm systems.
(1)
A discount of $15 for each rental unit within a fully sprinklered
building as verified by a testing report, maintenance report or a
maintenance contract, which shall be provided at the time of registration
and upon each renewal;
(2)
A discount of $15 for each rental unit within a building with a centrally
monitored fire alarm system as verified by Fire Department logs or
an alarm contract, which shall be provided at the time of registration
and upon each renewal.
(3)
Buildings that are publicly funded and have been subject to and passed
a Housing and Urban Development Uniform Physical Condition Standard
(UPCS) inspection within the preceding year as verified by the UPCS
inspection report, which shall be provided at the time of registration
and upon each renewal; or has been subject to and passed a Housing
and Urban Development Housing Quality Standard (HQS) inspection within
the preceding year as verified by the HQS inspection report, which
shall be provided at the time of registration and upon each renewal
shall pay a registration of $10 per unit.
(4)
Newly constructed multifamily dwelling buildings shall be exempt
from inspection requirements for five years from the date of issuance
of the certificate of occupancy and shall pay a yearly registration
fee of $10 per unit for the first five years.
A.
Life safety inspections for all multifamilies shall be completed
every five years. The owner will be notified at the time of registration
if the inspection will be completed that year, or a later year. Once
a property has been inspected, it will not be reinspected for five
years thereafter unless there is just cause.
B.
Upon two weeks of notice, the owner shall grant the Code Enforcement
Officer full access to the property during the life safety inspection.
This shall include, but not be limited to, each dwelling unit, all
common areas, all basements, all outbuildings, and any other area
of the property the Code Enforcement Officer deems necessary to inspect.
A.
The Code Enforcement Office shall have the primary responsibility
for enforcement of this article. If the Code Enforcement Officer,
or his/her designee(s), determines that a violation of this article
has occurred, he or she shall send a notice to the property owner
indicating a violation exists, and a time frame for remediation shall
be established. Subsequent violations of this article shall be subject
to the penalties set forth below.
B.
Violations are as follows:
(1)
Failure to register by October 1 shall result in a fee of $250 assessed
for each calendar day after that date until such time the registration
fee and all penalty fees are paid in full.
(2)
Failure to update property management/owner contact information shall
result in a fee of $250 for each calendar day after the date of the
change until such time the registration fee and all penalty fees are
paid in full.
(3)
Providing false information shall result in a fee of $1,000 for each
calendar day after such information was provided until such time the
registration fee and all penalty fees are paid in full.
(4)
Renting a unit that has not been registered shall result in a fee
of $250 for each calendar day after the unit was rented until such
time the registration fee and all penalty fees are paid in full.
The provisions of this article shall become effective 30 days
after its enactment.
If any part or provision of this article or the application
thereof to any person or circumstance is held invalid, the remainder
of the article, including the application of such part or provision
to other persons or circumstances, shall not be affected thereby and
shall continue in full force and effect. To this end, provisions of
this article are severable.
