[Added 5-18-2009]
A.
No person shall occupy as owner-occupant or shall allow another to
occupy any dwelling, dwelling unit, rooming house, or rooming unit
(hereinafter jointly and severally "building") which is a disorderly
house as defined herein.
B.
A "disorderly house" is any building which:
(1)
The police have visited four or more times in any thirty-day period
in response to situations created by the owner, tenants, or tenants'
cohabitees, guests or invitees and which have a tendency to unreasonably disturb
the community, the neighborhood or an ordinary individual in the vicinity
of said building through, but not limited to, loud music; boisterous
parties; sounds emanating from within the structure that are audible
outside the building; loud noise or fights within the building or
in its vicinity involving tenants of the building or their invitees
(excluding incidents involving domestic violence); tenants or invitees
of tenants being intoxicated on public ways in the immediate vicinity
of the building; or other similar activities in the building or outside
the building itself; or
(2)
The police have visited two or more times in any thirty-day period
in response to situations which are created by the owner, tenants,
or tenants' cohabitees, guests or invitees and involve the arrest
and conviction of tenants or their invitees for activities which constitute
either a crime or civil infraction under law, or create a reasonable
suspicion that illegal drug use or sales under 17-A M.R.S.A. Chapter
45 or prostitution or public indecency under 17-A M.R.S.A. Chapter
35 has occurred.
C.
The situation to which the visit pertains shall be documented by
the Police Department. Such documentation may include sworn affidavits
by named citizens which may be sufficient to create a reasonable suspicion
said illegal activity has occurred.
A.
Hot spots. Whenever a building has been visited by the police in response to a disturbance described in § 184-11B(1) two times, but less than four times in any thirty-day period, or in response to activities that involve a criminal conviction or reasonable suspicion of criminal activity described in § 184-11B(2), at least one time in any thirty-day period, the Police Department or any other agent designated by the Mayor (hereinafter the "City") shall notify the owner of the circumstances involving the said visits. Such notice shall be deemed sufficient for all legal purposes.
B.
Disorderly houses.
(1)
Whenever a building has been identified as a disorderly house by
the City, it shall cause written notification of the events which
form the basis for that designation to be given to the owner. Such
notice shall be sufficient for all legal purposes. The notice shall
require the owner to meet with representatives of the City (including
the Police Department) within five business days from the date of
the written notification, or such other time as is agreed upon by
the City, to identify ways in which the problems that have been identified
will be eliminated.
(2)
At the time of said meeting, the owner shall be obligated to provide
to the City the following documentation:
(a)
A copy of the names of all tenants or other persons authorized
to reside or presently residing in the building and the units they
occupy;
(b)
Copies of all leases with tenants residing in the building;
(c)
Contracts with any property manager or other person responsible
for the orderly operation of the building;
(d)
An accurate and up-to-date disclosure of building ownership.
(3)
In addition, the owner will agree to take effective measures to address
the disorderly house, which measures shall be memorialized in a written
agreement at the conclusion of the meeting with the City and shall
be implemented within one week of said meeting unless another date
is agreed upon by the City. Failure to enter into such an agreement
at the conclusion of the meeting will be deemed a violation of this
article, and the City shall file a complaint in the Maine District
Court seeking all compensatory and equitable relief permitted by law.
(4)
If the same building should be classified as a disorderly house on
a subsequent occasion, then the City is under no obligation to meet
with the owner but may condemn and post the building or any units
therein, and/or proceed directly with a complaint to the District
Court seeking all compensatory and equitable relief permitted by law.
A.
If the owner refuses to agree to take effective measures to address
the disorderly house, takes ineffective measures to address the disorderly
house as determined by the City, or fails to implement the agreement
reached with the City to address the disorderly house or if, in the
discretion of the City, the disorderly house requires immediate posting,
the City may condemn and post the building against occupancy and/or
may file a legal action against the owner seeking any and all damages
and remedies to which it is entitled pursuant to law.
B.
The Police Department shall prepare and present a report to the municipal
officers annually during the month of November which describes the
actual experience in the field of this article for the immediately
preceding 12 months.
