A.
Purpose.
(1)
Vacant and abandoned properties, particularly residential properties, create and pose significant and costly problems for the Town. These properties often become a drain on the Town budget and detract from the quality of life of the neighborhood and the Town as a whole. Vacant and abandoned buildings are an impediment to neighborhood redevelopment and rehabilitation, decreasing property values, and prevent neighborhood stabilization. These structures are un-sightly, often structurally unsound or otherwise dangerous, attract criminal activity, and otherwise create a threat to public health, safety, and welfare of neighboring properties and the general public.
(2)
A significant obstacle in providing effective and prompt enforcement of the current Town Code, as it relates to vacant and abandoned buildings, is the inability to contact the owners or mortgages of abandoned properties. These buildings are often also the subject of foreclosure actions by lienholders, which take considerable time to resolve.
(3)
Certain categories of vacant properties, such as homes of "snowbirds" or members of the armed forces on active-duty deployment, are less likely to cause problems and accompanying Town costs.
(4)
The purpose of this section is to provide a just, equitable and practicable method for identifying, managing and responding to the numerous issues associated with vacant and abandoned buildings. This section is intended to prevent or mitigate dangers to health, safety and welfare, promote responsible management, provide a safe neighborhood for residents, safeguard property values, expedite housing repairs, and provide prompt contact with owners, mortgagees or managers by police, fire, and code enforcement when issues or emergencies develop.
B.
Evidence of abandonment. For the purposes of this section, evidence of abandonment showing that the premises are vacant and the occupant has no intent to return may include, but is not limited to, the following:
(1)
Doors and windows on the premises are continuously boarded up, broken or left unlocked;
(2)
Rubbish, trash or debris has observably accumulated on the premises;
(3)
Furnishings and personal property are absent from the premises;
(4)
The premises are deteriorating so as to constitute a threat to public health or safety;
(5)
A mortgagee has changed the locks on the mortgaged premises and neither the mortgagor nor anyone on the mortgagor's behalf has requested entrance to, or taken other steps to gain entrance to, the mortgaged premises;
(6)
Reports of trespassers, vandalism or other illegal acts being committed on the mortgaged premises have been made to local law enforcement authorities;
(7)
A code enforcement officer or other public official has made a determination or finding that the premises are abandoned or unfit for occupancy; or
(8)
Other reasonable indicia of abandonment.
C.
Applicability.
(1)
This section applies to all buildings that are both vacant and abandoned within the Town of Gorham.
(2)
This section does not apply to primary residences of members of the armed forces on active duty, vacation or resort facilities, or residences of persons on extended vacations or alternative living arrangements with the intention to return to the property and live (e.g., "snowbirds").
D.
Registration required.
(1)
The owner or mortgagee of a vacant and abandoned building must obtain a vacant building registration permit for the period during which it is vacant.
(2)
When a building or structure becomes vacant and abandoned, the owner or mortgagee of the building must apply for a vacant building permit.
(3)
Standard vacant building registration permit.
(a)
The Code Enforcement Officer shall issue a standard vacant building registration permit upon being satisfied the building has been inspected and is in compliance with the vacant and abandoned building maintenance standards set forth in this chapter, and is adequately protected from intrusion by trespassers and from deterioration by the weather.
(b)
A standard vacant building registration permit is valid for one year from the date of approval.
(4)
Interim vacant building inspection permit.
(a)
If a vacant and abandoned building is inspected and determined not to meet one or more of the maintenance standards listed in Subsection G, the Code Enforcement Officer shall issue an order for any work needed to:
[1]
Adequately protect the building from intrusion by trespassers and from deterioration by weather by bringing it into compliance with the vacant and abandoned building maintenance standards set forth in this chapter; and ensure that allowing the building to remain in place will not be detrimental to the public health, safety and welfare, will not unreasonably interfere with the reasonable and lawful use and enjoyment of other premises within the neighborhood, and will not pose an extraordinary hazard to police officers or firefighters entering the premises in times of emergency.
(b)
When issuing orders under Subsection D(4)(a), the Code Enforcement Officer shall specify the deadline for completion of the work. The order will act as an interim vacant building registration permit, the duration of which will be for the time set forth in the order. No interim registration permit may be effective for a period of more than 90 days.
(c)
All work done pursuant to this chapter must be done in compliance with the applicable building, fire prevention, life safety and zoning codes.
(5)
After the vacant building registration permit is issued, a placard provided by the Code Enforcement Officer shall be posted on the property by the owner, mortgagee or his/her agent or property manager. This placard shall be posted on the front door and shall include, but not be limited to, the name, address and phone number of the owner, mortgagee or his/her agent, and the twenty-four-hour-a-day contact information of the property management company.
(6)
Upon the expiration of a vacant building registration permit, if the building or structure is still vacant, the owner or mortgagee must arrange for an inspection of the building and premises with the appropriate Town officials, and shall renew the permit within 10 days of expiration. All permit renewals shall be subject to all conditions and obligations imposed by this section and any previous permits unless expressly exempted therefrom.
E.
Permit application.
(1)
Application by the owner or mortgagee of a vacant and abandoned building or structure for a vacant building registration permit must be made on a form provided by the Code Enforcement Officer. Applicants must disclose all measures to be taken to ensure that the building will be kept weathertight and secure from trespassers, safe for entry of police officers and firefighters in times of exigent circumstances or emergency, and together with its premises be free from nuisance and in good order in conformance with vacant building maintenance standards of this chapter and all other provisions of the Town Code.
(2)
The application shall include a statement of intent. The statement of intent shall include information as to the expected period of vacancy (including the date of vacancy), the plan for regular maintenance during the vacancy to comply with the maintenance safety requirements of this subsection, and a plan and timeline for the lawful occupancy, rehabilitation, or removal or demolition of the structure.
(3)
The application shall include a list of persons authorized to be present in the building, along with a statement that any persons not listed shall be considered trespassers. The owner or mortgagee shall update the authorized person list as needed.
(4)
Contact information. The application shall include the following:
(a)
The name, street address, telephone number, and e-mail address of an individual designated by the owner or mortgagee or his/her authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding in connection with the enforcement of this chapter, or other chapter or statute pertaining to the management of vacant or abandoned buildings. The name of at least one property manager responsible for management and maintenance of the property, along with his/her twenty-four-hour-a-day contact information.
(b)
The name of any bank/lender/lienholder with an interest in the property and its contact information, including the mailing address of the bank/lender/lienholder.
(5)
A fee as specified in the Town's fee schedule, or the cost of all materials, staff time, and other expenses of the Town related to administering and enforcing this section, whichever is greater, shall be charged for a vacant building registration permit or interim permit. This fee shall also be charged upon the renewal of such permits. The fee must be paid at the time of application or renewal. No permit shall be issued prior to payment of the permit or renewal fee. If an owner or mortgagee has secured all the duly required permits to demolish the building or structure, no fee is required if the building or structure is in fact demolished within 90 days of becoming vacant; should this 90-day period expire, the fee becomes due immediately.
F.
Inspection.
(1)
Upon and at the time of application, including all renewal applications, the owner or mortgagee of a vacant building or structure shall arrange for an inspection of the premises by the Code Enforcement Officer and the Fire Chief, or their respective designees. The purpose of such inspections is to determine and ensure compliance with vacant building maintenance standards.
G.
Maintenance standards.
(1)
All vacant buildings shall demonstrate compliance with the following performance standards prior to receiving a vacant building registration permit and shall maintain compliance with all such standards during the validity of such permits.
(a)
Building openings. Doors, windows, areaways and other openings must be weathertight and secured against entry by birds, vermin and trespassers. Missing or broken doors, windows and other such openings must be covered by glass or other rigid transparent materials which are weather protected and tightly fitted and secured to the opening.
(b)
Roofs. The roof and flashings shall be sound and tight, admit no moisture and have no defects which might admit moisture, rain or roof drainage, and allow for drainage to prevent dampness or deterioration in the interior walls or interior of the building.
(c)
Drainage. The building storm drainage system shall be functional and installed in an approved manner, and allow discharge in an approved manner.
(d)
Building structure and sanitation. The building shall be maintained in good repair, structurally sound and free from debris, rubbish and garbage, including but not limited to any combustible waste and refuse. The building shall be sanitary. The building shall not pose a threat to public health and safety.
(e)
Structural members. The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads.
(f)
Foundation walls. The foundation walls shall be structurally sound and in a sanitary condition so as not to pose a threat to public health and safety, shall be capable of supporting the load which normal use may cause to be placed thereon, and shall be free from open cracks and breaks, free from leaks, and animal-proof and ratproof.
(g)
Exterior walls. The exterior walls shall be free of holes, breaks, and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(h)
Decorative features. The cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be safe, anchored, and in good repair. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(i)
Overhanging extensions. All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(j)
Chimneys and towers. Chimneys, cooling towers, smokestacks, and similar appurtenances shall be structurally safe and in good repair. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(k)
Walkways. Walkways shall be safe for pedestrian travel.
(l)
Accessory and appurtenant structures. Accessory and appurtenant structures such as garages, sheds, and fences shall be free from safety, health, and fire hazards and shall comply with these vacant building maintenance standards.
(m)
Premises. The premises upon which the structure or building is located shall be clean, safe, and sanitary, free from waste, rubbish, debris or excessive vegetation, and shall not pose a threat to the public health or safety.
(n)
The owner or mortgagee of a vacant building or structure must comply with all building, fire, life safety, zoning and other applicable codes or ordinances and must apply for any building, fire prevention, and zoning permits necessary to perform work required by this section.
H. OWNER or MORTGAGEE PROPERTY MANAGER VACANT BUILDING
Definitions. If a term is not defined in this chapter, it shall have its customary dictionary meaning. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have following meanings:
Any person, agent, firm, corporation or other legal entity having a legal or equitable interest in a vacant building, including but not limited to a mortgage in possession, the beneficiary of a trust, or the holder of a life estate.
A Maine-based entity, corporation, or individual or the designee of the owner or mortgagee that is responsible for maintaining, securing, and inspecting vacant buildings.
Any building or other structure that is unoccupied by a person or occupied by unauthorized persons for 180 days, excepting permitted garages or accessory buildings.
I.
Penalties. Any person or mortgagee who is found to be in violation of any provision or requirement of this section shall be subject to a civil penalty as set forth in 30-A M.R.S. § 4452. Each violation of a separate provision or requirement, and each day of violation, shall constitute a separate offense. If the Town is the prevailing party in such litigation, the violator will be required to reimburse the Town's costs in bringing such enforcement action, including but not limited to reasonable attorney's fees.
J.
Severability. Should any portion of this chapter be invalidated or deemed to be illegal, unconstitutional, or otherwise prohibited by law, by a court of competent jurisdiction, the balance of the chapter shall remain in full force and effect.
K.
Interpretation. Nothing in this chapter shall be construed to limit the Town of Gorham's ability to manage vacant or abandoned buildings pursuant to 30-A M.R.S. § 3106-B, as amended, to remediate dangerous buildings under 17 M.R.S. § 2851, et seq., or in other manners provided by law.