Any dwellings, dwelling unit, rooming house, rooming unit, or any structure or portion thereof being used for human habitation which is in violation of the provisions of this article to the extent that it is unfit for human habitation according to the standards contained herein or other applicable standards may be condemned for habitation and posted against occupancy by the Building Official. Properties unfit for human habitation shall include but are not limited to:
A. 
Properties which are either damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested in such a manner as to create a serious hazard to the health, safety, and general welfare of the occupants or the public;
B. 
Properties which lack plumbing, ventilation, lighting, or heating facilities or equipment adequate to protect the health, safety and general welfare of the occupants or the public;
C. 
Properties which, because of their general condition, state of the premises, number of occupants, or location, are so unsanitary, unsafe, overcrowded or otherwise dangerous or detrimental that they create a serious menace to the occupants or the public;
D. 
Properties in or on which the owner, operator, or occupant has failed to comply with notices or orders issued under the provisions of this chapter;
E. 
Properties which are disorderly houses.
A. 
The Building Official shall give notice in writing to the property owner or operator of such condemnation and posting, and in the event such property is occupied, shall give like notice to the occupants, which shall also include a reasonable time limit within which such property shall be vacated.
B. 
The Building Official shall also give notice to the City Manager of the action.
No property which has been condemned and posted against occupancy shall again be used for the purpose of habitation until the Building Official shall, in writing, approve of the property's use and shall likewise authorize the removal of the posted notice.
It shall be a violation of this article for any person to deface or remove any such posted notice without the prior approval of the Building Official. It shall also be a violation of this article for any person to occupy or let to another for occupancy any property which has been condemned and posted as provided above without receiving the prior written approval of the Building Official.
If the owner or operator of any property which has been condemned as unfit for habitation does not proceed to make the necessary corrections to bring the property into compliance with the provisions of this chapter, such owner or operator shall proceed to make the property safe and secure so that no danger to life or property or fire hazard shall exist. If the owner or operator fails to do so within a reasonable amount of time, the City may take all reasonable steps to make the property safe and secure and recoup the cost from the owner or operator. If the City takes steps to make the property safe and secure, the City shall also collect an administrative fee, as set forth in the fee schedule as amended from time to time.
A. 
It shall be a violation of this article for any person to sell, transfer, or otherwise dispose of any property against which an order has been issued by the Building Official under the provisions of this article unless any person shall first furnish to the grantee a true copy of any such order and shall at the same time notify the Building Official in writing of the intent to so transfer either by delivering the notice to the Building Official and receiving a receipt therefor or by registered mail, return receipt requested, giving the name and address of the person to whom the transfer is proposed. In the event of a violation of this section, such person shall be subject to penalties pursuant to the Code in addition to any penalty which may be imposed for failure to comply with any order of the Building Official.
B. 
No contract or agreement between owner and/or operator and occupant relating to compliance with the terms of this article shall be effective in relieving any person of responsibility for compliance with the provisions of this article as set forth herein.
An appeal from any final decision of the Building Official, if available by statute or otherwise by law, under the provisions of this article may be taken by the aggrieved party to the superior court in accordance with Rule 80B of the Maine Rules of Civil Procedure.
No officer or employee charged with the enforcement of this article and acting for the City in the discharge of their duties shall render themselves personally liable for any damage that may occur to any person or property as a result of their acts in the discharge of their duties. Any suit brought against any officer or employee because of any act performed by them under the provisions of this article shall be defended by the Corporation Counsel until the final determination of the proceedings therein.
A. 
Any owner, occupant, or operator of a building, structure, or premises shall be guilty of an offense and subject to the penalties and remedies provided in this chapter and 30-A M.R.S.A. § 4452 if that person does any of the following:
(1) 
Violates a provision of this article, or any Codes adopted pursuant to this article;
(2) 
Allows a violation to occur or remain at any building, structure, or premises that they own, occupy, or control; or
(3) 
Fails to comply with any lawful order issued pursuant to this article.
B. 
The imposition of a penalty for a violation does not excuse that violation or allow it to continue.
In addition to the remedies otherwise provided, the following specific remedies shall also be available:
A. 
Where any building, structure, or property is required to be secured by this article, the Building Official may secure the building and charge the owner, occupant, and/or operator a penalty of $500, plus reimbursement of the actual costs of securing where:
(1) 
The owner, occupant, and/or operator has been given notice of the requirement to secure and has failed to do so within a reasonable time; or
(2) 
The building, structure, or property poses an imminent threat to the public if not secured before notice and an opportunity to correct can be given.
B. 
The City Manager is authorized to institute, or cause to be instituted by the Corporation Counsel, in the name of the City any and all actions, legal or equitable, that may be appropriate or necessary for the enforcement of the provisions of this article.