City of Westbrook, ME Article I General Provisions; Property Maintenance

[Amended 6-1-2015]

§ 184-1 Purpose.

This chapter is one establishing the minimum standards governing the conditions and maintenance of dwellings; establishing the minimum standards governing supplied utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary, and fit for human habitation; establishing the minimum standards governing the condition of dwellings offered for rent; fixing certain responsibilities and duties of owners and occupants of dwellings; authorizing the inspection of dwellings and condemnation of dwellings unfit for human habitation; and fixing penalties for violation.

§ 184-2 Definitions.

For the purposes of Articles II and III of this chapter, the following terms, phrases and words shall have the meanings ascribed to them in this section. Whenever the words "dwelling," "dwelling unit," "rooming house," "rooming unit," and "premises," are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."

DWELLING

Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.

DWELLING UNIT

Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

OCCUPANT

Any person over one year of age who is living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.

OPERATOR

Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

OWNER

Any person who alone, jointly or severally with others:

A. Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof;

B. Shall have charge, care or control of any dwelling or dwelling unit, as owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to the same extent as if he were the owner.

PERSON

Any individual, firm, corporation, association or partnership.

ROOMING HOUSE

Any dwelling or part of any building containing one or more rooming units in which space is let by the owner or operator to four or more persons who are not husband or wife, son or daughter, mother or father or sister or brother of the owner or operator.

ROOMING UNIT

Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

SUPPLIED

Paid for, furnished, installed or provided by or under the control of the owner or operator.

§ 184-3 Adoption of International Property Maintenance Code.

There is hereby adopted for the purpose of regulating the maintenance of property located within the City of Westbrook the International Property Maintenance Code (IPMC), 2015 edition, which is adopted and made part of this Code by reference, provided that in the event of any conflict between the provisions of the IPMC and the laws of the State of Maine or other ordinance of the City of Westbrook, the laws and other ordinances shall control over this chapter. One copy of the IPMC is on file in the office of the City Clerk and is available for public use, inspection and examination during normal business hours of the City; a copy is also available in the Code Enforcement Office.

§ 184-4 Amendments to International Property Maintenance Code.

The International Property Maintenance Code, 2015 edition, adopted in § 184-3, shall be amended as follows:

A. Section 101.1, Title (page 1): Insert "City of Westbrook."

B. Section 102.3, Application of other codes: Delete reference to "International Plumbing Code" and replace with "Maine State Plumbing Code, as adopted by the State Department of Professional and Financial Regulation, which shall serve as the Plumbing Code of the City." Delete reference to "International Zoning Code."

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

C. Section 103.5, Fees (page 2): Insert "as established by the City of Westbrook's Master Fee Schedule."

D. Section 111: Delete entirely and replace with "Appeals. The procedure for any appeal under this Code shall be as set forth in § 335-15.3 of the City of Westbrook's Code of Ordinances."

E. Sections 106.3 and 106.4 are deleted in their entirety. Section 112.4 is deleted entirely and replaced with the following: "Failure to comply; general penalty for violation of Code; continuing violations. Whenever in this Code any act is prohibited or is made or declared to be unlawful or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code shall be punished by a fine established in Chapter A401, Master Fine Schedule, for each violation of the Code (monetary penalties may be assessed on a per-day basis). All fines shall be recovered on complaint to the use of the City."

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

F. Section 201.3, Terms defined in other codes: Delete reference to "International Plumbing Code" and replace with "Maine State Plumbing Code, as adopted by the State Department of Professional and Financial Regulation, which shall serve as the Plumbing Code of the City." Delete reference to "International Zoning Code."

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

G. Section 302.4, Weeds: This section is amended to state in the first sentence: "Premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches." The remainder of the section shall remain unchanged.

H. Section 304.14, Insect screens: Insert "May 15" after ". . .the period from" and insert "October 1" after "to."

I. Section 505.1, General, is amended to delete the words "the International Plumbing Code" and replace them with "the Maine State Plumbing Code."

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

J. Section 602.2, Residential occupancies, is amended to deleted the words "Appendix D of the International Plumbing Code" and replace them with "the Maine State Plumbing Code."

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

K. Section 602.3, Heat supply: Insert "September 1" after ". . .the period from" and insert "May 15" after ". . .to," and to delete the words "Appendix D of the International Plumbing Code" and replace them with "the Maine State Plumbing Code." Add the following language at the end of Section 602.3: "Failure of owner to provide fuel: In the event of the failure of the owner or his or her designated agent to comply with this Section 602.3, upon determination of the Code Enforcement Officer than an emergency exists, the City shall be entitled to supply the necessary amount of fuel to provide for adequate heat. The City shall, in such case, in addition to the penalties provided for herein for the violation of this code, be entitled to recover amounts expended hereunder in an action against the owner or agent, together with costs, including reasonable attorney fees."

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

L. Section 602.4, Occupiable work spaces: Insert "September 1" after ". . .the period from" and insert "May 15" after ". . .to."

M. Section 704, Fire Protection Systems, shall be deleted in its entirety.

N. Chapter 8, Referenced standards: Delete the reference to "the International Plumbing Code" and replace it with "the Maine State Plumbing Code, as adopted by the State Department of Professional and Financial Regulation, which shall serve as the Plumbing Code of the City." Delete "ICC IZC-15 International Zoning Code" without replacement.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 184-5 Reimbursement of City costs for housing after posting of buildings.

[Added 9-28-2015]

A. Obligation of reimbursement. When the City has placarded a dwelling unit to prohibit occupancy under the provisions of Section 108 of the International Property Maintenance Code, 2015 Edition, the owner of any such dwelling unit shall be responsible for reimbursement of any costs that the City incurs in providing emergency shelter or other alternative housing for any person lawfully residing in the dwelling unit at the time of the posting. A person shall be considered lawfully residing in the dwelling unit regardless of whether the person is a party to a lease or other rental agreement and regardless of the status of rent payments, provided that the owner has not acquired an order pursuant to 14 M.R.S.A. Chapter 709. For purposes of this section, the City's costs shall include lodging costs, dwelling unit rental and deposit costs and any additional utility costs incurred by the City in its provision of alternative housing for displaced residents.

B. Procedure for collection of required reimbursement. When the City incurs costs subject to the provisions of Subsection A, it will send a bill to the owner of the placarded dwelling unit or units for all required costs of reimbursement. If the owner fails to pay the costs included in the bill within 30 days of its receipt, the City shall be authorized to bring appropriate legal action to recover its costs of provision of emergency shelter or other alternative housing and its legal costs, including attorneys' fees, incurred in the collection of amounts due under this section.