The outer walls and roofs of all business blocks to be built
or rebuilt shall be of fire-resisting material in the following districts:
both sides of Main Street from Roberts Street to Winter Street; both
sides of School Street from Washington Street to Bodwell Street; both
sides of Washington Street from Main Street to Church Street, all
in the City of Sanford.
In general, all words, phrases, and terms used in this chapter
shall have their customary and usual meaning; as used in this chapter,
the following words, phrases, and terms shall have the meaning indicated:
Anything constructed with a roof and walls, built for permanent
use.
Has the same meaning as "Code Enforcement Officer" and "Code
Official."
Including, but not limited to, materials that are created
by site preparation, clearing land, or erection or destruction of
a building or structure. It also includes, but is not limited to,
brush, tree limbs, stumpage, building material, and the waste products
of the building activity, such as: clay, brick, masonry, concrete,
plaster, glass, wood, and wood products, asphalt, rubber, metal; and
plumbing, electrical and heating fixtures, appurtenances thereto and
parts thereof.
Any house, building or part thereof which is occupied or
intended to be occupied, in whole or in part, for living and sleeping
by one or more occupants. A dwelling may include one or more dwelling
units or rooming units, or a combination of both.
The land and auxiliary buildings thereon used or intended
to be used in conjunction with a dwelling.
One or more rooms forming a single unit including food preparation,
living, sanitary and sleeping facilities used or intended to be used
by two or more persons living in common or by a person living alone.
A room used, or intended to be used for living, sleeping,
cooking, or eating purposes and excludes bathrooms, toilet rooms,
laundries, pantries, halls, closets, heater rooms, utility rooms,
and attics. Basements or cellar areas are not habitable rooms except
as permitted in this chapter.
The presence within a dwelling or on premises of a dwelling
of rodents, vermin, or other pests, as determined through actual observation
of them or by evidence of their presence.
Any dwelling containing more than two dwelling units, rooming
units, or combination of both.
Any person, including an owner or operator, residing in or
having actual possession of a dwelling unit or rooming unit.
Any person who has charge, care, management, or control of
any dwelling or part thereof in which dwelling units or rooming units
are let or offered for occupancy.
Any person or persons who alone, jointly, severally, or jointly
and severally with others:
Shall have legal or record title to any dwelling, dwelling unit,
or dwelling premises;
Shall have charge, care, or control of any dwelling, dwelling
unit, or dwelling premises as an agent of the owner, executor, administrator,
trustee, or guardian of the estate of the owner;
Shall have an equitable interest in a dwelling, dwelling unit,
or dwelling premises under a contract or a bond for a deed with the
person having legal or record title.
Any dwelling, or part thereof, containing three or more rooming
units in which space is rented or offered for rent by the owner or
the operator to be occupied or intended to be occupied by three or
more persons who are not related by blood or marriage to the owner
or operator.
One or more rooms forming a single unit used, or intended
to be used, for living and sleeping purposes, but not designed for
food preparation, by two or more persons living in common or by a
person living alone.
Any of the following:
Inadequate or blocked ingress or egress;
Overcrowded conditions as described in codes referenced in § 90-13;
Unsanitary conditions as described in codes referenced in § 90-13, including but not limited to vermin infestation;
Inadequate or defective smoke or fire detection systems;
Inadequate or defective plumbing or electrical systems;
Substantially damaged or defective structural elements; and
Intentional denial of heat or electricity to the legal occupant
of a dwelling unit by the owner of the dwelling unit.
Anything constructed or erected of more than one member which
requires a fixed location on the ground or attached to something having
a fixed location on the ground.
Installed, furnished, or provided by the owner at their expense.
A.
Penalties. Monetary penalties shall be accessed on a per-day basis
for each day on which a violation exists.
(1)
The minimum penalty for a specific significant code violation is
$100 per day, and the maximum penalty is $2,500 per day. The minimum
penalty for failure to correct such significant code violation after
written notice by the City to do so is $500 per day, and the maximum
penalty is $5,000 per day. The minimum penalty for failure to correct
such significant code violation after a second written notice by the
City is $1,000 per day, and the maximum penalty is $10,000 per day.
(2)
The penalty for violating the occupant load limit, as determined
under MUBEC or this chapter is $250 for the first violation; $500
for the second violation; $1,000 for the third and subsequent violations.
Violations shall be calculated on a rolling twelve-month basis.
(3)
Pursuant to 30-A M.R.S.A. § 4452, the minimum penalty for a specific violation other than a violation described in Subsection A(2) is $100 per day, and the maximum penalty is $2,500 per day.
(4)
In addition to penalties, the violator may be ordered to correct
or abate the violations. When violations occur in a shoreland area,
as defined in the Code, or when the court finds that the violation
was willful, the violator shall be ordered to correct or abate the
violation unless the abatement or correction results in:
(5)
If the City is the prevailing party in any legal action to enforce
this chapter, the municipality must be awarded reasonable attorney
fees, expert witness fees and costs, unless the court finds that special
circumstances make the award of these fees and costs unjust.
(6)
In setting a penalty, the following shall be considered:
(a)
Prior violations by the same party;
(b)
The degree of environmental damage that cannot be abated or
corrected;
(c)
The extent to which the violation continued following a City
order to stop; and
(d)
The extent to which the City contributed to the violation by
providing the violator with incorrect information or by failing to
taken timely action.
(8)
If the economic benefit resulting from the violation exceeds the
applicable penalties under this section, the maximum penalty under
this subsection may not exceed an amount equal to twice the economic
benefit, which includes, but is not limited to, the cost avoided or
enhanced value accrued at the time of the violation as a result of
the violator's noncompliance with the applicable legal requirements.
(9)
In addition to the other penalties in this section, the Building
Official may suspend a contractor's, owner's, or developer's right
to obtain building permits or work on any project in the City if the
Building Official determines that a contractor's, owner's, or developer's
violation or violations of any provision in this chapter or Code create
such a threat to life or safety that a structure must be posted against
occupancy or that the violation or violations render a structure uninhabitable.
The suspension authorized by this subsection shall be lifted when
the Building Official determines that the violation or violations
have been fixed.
(10)
Penalties assessed pursuant to this section shall be paid to the
City of Sanford.
Following the issuance of a notice of violation and an order
to correct violations, the Building Official will reinspect once for
no fee in order to determine whether the violations have been fixed
in compliance with this chapter. If the violations have not been fixed
in compliance with this chapter, the violator shall be assessed a
fee as set forth in the fee schedule for each subsequent reinspection.[1] Failure to pay the assessment for reinspection shall create
a lien on the property of the violator and lien shall be collected
and enforced pursuant to the General Provisions of this Code.
