[Added 1-3-2019 by Ord.
No. 2018.145]
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 Biddeford 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.
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.
An inspection performed by the Code Enforcement Office to
evaluate the building for compliance with current life 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 annually or within
30 days of purchase of the property. If a new owner registers mid-year,
they will not be charged as long as the annual fee has already been
paid for the building. The registration is valid through the calendar
year.
B.
Registrations will be done through the Code Enforcement Office. All
fees shall be made payable to the City of Biddeford 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 notify the City within 30 days of the date
of the change.
D.
The annual registration and inspection fee is $25 per dwelling unit.
E.
Newly constructed multifamily dwelling units/buildings requiring
a certificate of occupancy for the entire building shall be exempt
from inspection requirements for 10 years from the date of issuance
of the certificate of occupancy.
F.
Should the inspection program come to an end, the annual fee will
no longer be charged.
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
Office 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 shall result in a penalty fee of $250 assessed
for each 10 calendar days which elapse 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 penalty fee of $250 for each 10 calendar days which elsapse
after the date the owner was required to notify the City until such
a notice is given and all penalty fees are paid in full.
(3)
Providing false information shall result in a penalty fee of $1,000
for each 10 calendar days which elapse after such information was
provided until such time as the information is corrected and all penalty
fees are paid in full.
(4)
Refusal to allow the Code Office to conduct the inspection shall
result in a fee of $1,000 for each calendar day until the inspection
is complete.
(5)
Renting a unit that has not been registered shall result in a fee
of $250 for each 10 calendar days which elapse after the unit was
rented until such time the registration fee and all penalty fees are
paid in full.
