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.
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.
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.
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)]