City of Bangor, ME Chapter 223 Property Maintenance

[HISTORY: Adopted by the City Council of the City of Bangor as indicated in article histories. Amendments noted where applicable.]

Article I General Provisions

[Adopted 7-14-2003 by Ord. No. 03-222[1]]

[1] Editor's Note: This ordinance also repealed former Ch. 223, Property Maintenance, adopted as Ch. X, as amended 11-13-2000 by Ord. No. 00-396, and was originally included as Ch. 223, Property Maintenance, but was redesignated as Art. I, General Provisions, 10-28-2013 by Ord. No. 13-344.

§ 223-1 Adoption of standards.

In accordance with 30-A M.R.S.A. § 3003, the International Property Maintenance Code 2003, published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code of the City of Bangor for the purposes of:

A. Establishing minimum standards governing the condition, maintenance and rehabilitation of all existing structures;

B. Establishing minimum standards governing supplies, utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use;

C. Establishing minimum standards governing the condition of dwellings offered for rent;

D. Fixing certain responsibilities and duties of owners and occupants of structures; and

E. The condemnation of structures unfit for human habitation and the demolition of such structures.

§ 223-2 Amendments to standards.

The International Property Maintenance Code 2003 is adopted in its published form as if fully set forth herein, except as follows:

A. Section PM-101.1 is deleted and replaced with the following:

PM-100.1 Title: These regulations shall be known as the "Property Maintenance Code of the City of Bangor" and are herein referred to as such or as "this Code."

B. Section PM-106.4 is deleted and replaced with the following:

PM-106.4 Penalty: The penalty for violations of this Code shall be imposed in accordance with 30-A M.R.S.A. § 4452. Each day such a violation is permitted to exist, after notification by the Code Enforcement Officer, shall constitute a separate offense.

C. Section PM-107.3 is amended by the addition of the following sentence at the end of Subsection 3: "A copy so posted on or about the date the letter was sent is also sufficient for purposes of this subsection."

[Added 2-15-2017 by Ord. No. 17-070[1]]

[1] Editor's Note: This ordinance also redesignated former Subsections C through M as Subsections D through N, respectively.

D. Section PM-107.5 is amended by the addition of the following sentence: "For the purpose of this section, the terminology sell, transfer, mortgage, lease or otherwise dispose of shall include the execution of a land sales contract or similar agreement."

E. Section PM-108.2.1 is added, which shall state the following:

PM-108.2.1 Minimum standards for securing a building:
1.	Prior to securing any building, all combustibles and/or personal property must be removed from the building.
2.	All basement, first- and second-floor windows and other openings must be made inaccessible to entry in keeping with these standards.
3.	Windows, doors and other openings above the third floor must be closed and locked and, if glazed, replaced or boarded if broken.
4.	All window openings shall be closed through application of a minimum five-eighths-inch plywood cut to fit the size of the opening and recessed into the opening; the board shall be nailed from the outside to supports on the inside of the opening. A minimum of eight penny nails shall be employed at twelve-inch intervals.
5.	All plywood used for board-up purposes shall be painted to match the color of the building or building trim.
6.	All doors and other openings shall be locked, barricaded from the inside and secured with wooden boards at least 5/8 inch in thickness, nailed across such opening with not fewer than eight penny nails at twelve-inch intervals.
7.	Holes in the foundation shall either be patched or boarded. When boards are to be employed, it shall be accomplished by excavation and placement of the board in a trench two feet deep covered over with earth, and said boards shall be attached to the wall with either nails or masonry nails, as appropriate. Board size and nailing should be in accordance with Subsection 4 above.
8.	Openings unprovided for in these standards shall be closed in accordance with the specifications of the inspector.
9.	Acceptance by the Code Enforcement Division shall be required. A call for inspection at 945-4400, Extension 124, is required upon completion.
10.	Periodic maintenance of the grounds and inspection of the adequacy of steps taken to secure the building are required.

F. Section PM-109.1 is deleted and replaced with the following:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

PM-109.1 Imminent danger: In addition to the enumerated circumstances in the International Property Maintenance Code 2003, or subsequent amendments thereto, the Code Enforcement Officer may order an immediate vacating of any part of, or all of, a structure which loses its source of heat, cooling, hot water, water supply or sewer service or has malfunctioning electrical service or has been substantially damaged due to fire or natural disaster.
1.	When, in the opinion of the Code Official, there is actual and immediate danger of failure or collapse of a structure which would endanger life, or when any structure has fallen and life is endangered by the occupancy of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials or use of defective or dangerous equipment, the Code Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. They shall cause to be posted at the main entrance to such structure a notice reading as follows: "This structure is unsafe and its use or occupancy has been prohibited by the Code Official."
2.	It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or demolishing the structure.

G. Sections 110.1, 110.2 and 110.3 are deleted and replaced with the following:

[Added 5-23-2016 by Ord. No. 16-186[2]; amended 1-8-2018 by Ord. No. 18-065]

PM-110.1 General: The Code Enforcement Officer or their designee may order the owner of any premises upon which is located any structure, which in the judgment of the Code Enforcement Officer or their designee is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove the structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or, where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure; provided that in each case all required permits and approvals for repair or for demolition and removal must first be obtained before repairs or demolition may take place.

PM-110.2 Notices and orders. All notices and orders shall comply with Section 107.

PM-110.3 Failure to comply: If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Enforcement Officer or their designee may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal may be charged against the real estate upon which the structure is located and be a lien upon such real estate. Notwithstanding Chapter 23 of this Code, no decision or order of the Code Enforcement Officer or their designee made pursuant to PM-110.1 through PM-110.3 may be appealed to the Board of Appeals; however, the Code Enforcement Officer or their designee may not cause a structure to demolished and removed pursuant to said subsections unless the City Council has approved of said demolition after notice and hearing.

[2] Editor’s Note: This ordinance also redesignated former Subsections F through L as Subsections G through M, respectively.

H. Sections PM-111.1, PM-111.2., PM-111.2.1, PM 111.2.2, PM-111.2.3, PM-111.2.4, PM-111.2.5, PM-111.2.6 and PM-111.3 are deleted and replaced with the following:

PM-111.1 Appeals:
1.	Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Code may request and shall be granted a hearing on the matter before the Board of Appeals established under Chapter 23, Article I, of the Code of the City of Bangor. All procedures, fees and requirements for appeals and hearings before the Board shall be governed by the provisions of Chapter 23, Article I.
2.	The Board’s decision may only reverse or modify the Code Enforcement Officer’s decision upon a finding that, with respect to the activity in question, this Code has been incorrectly interpreted, that the provisions of this Code do not fully apply to the contemplated activity or that the type or form of construction is the equivalent to that required by this Code.
3.	An appeal filed in accordance with the provisions of this Code or any other City ordinance shall not be deemed to stay or suspend operation of any placard notice, order to quit or other order or action issued by the City’s Code Enforcement Officer.

I. Section PM-112.0 is added, which shall state the following:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

SECTION PM-112.0 APPLICABILITY
This section shall provide a method for enforcing and securing compliance with the various provisions, codes and ordinances adopted by the City of Bangor.
PM-112.1 Investigation: Upon receipt of information indicating the likelihood of a violation of any provision of this Code or ordinances adopted by the City of Bangor, the Code Enforcement Officer shall investigate the facts and may make an inspection of the premises when legally authorized to do so.
PM-112.2 Citation:
1.	If the investigation reveals that a Code violation has occurred, the enforcement official may give a written citation of such violation to the person, firm or corporation (hereinafter "violator") having control of any land, building, structure, sign, licensed or permitted business or operation which is in violation and order that the violation be corrected. The citation may be served in hand to the violator or left with a person of suitable age and discretion at the residence or place of business of the violator or mailed by certified mail, return receipt requested, to their last known address. If the return receipt is not returned, the citation shall be conclusively presumed to have been served if it is also sent by regular mail, postage prepaid, which is not returned as undeliverable by the postal service.
2.	In the event that the enforcement official finds that the violation is one which requires immediate correction to protect the public health or safety, they may provide the citation hereunder by means of telephone or facsimile transmission to the violator or to a person of suitable age and discretion at the residence or place of business of the violator.
PM-112.3 Content of citation: The citation shall be in writing, shall describe the nature of the violation, including the ordinance section violated, and shall state the date by which the violation must be corrected, that a civil penalty in the amount specified under Section PM-112.5 of this chapter is assessed for the violation, the date by which the penalty must be paid and to whom and the consequences of failing to pay the penalty within the period stated. The citation shall state that additional penalties will be imposed if the violation is not corrected within the time period set forth in the first citation. Any additional citation that may be issued for the same violation shall also state that all penalties are cumulative.
PM-112.4 Time limits for corrective action: The time period specified in a citation within which a violation must be corrected shall be reasonable taking into consideration the following factors:
1.	The threat posed by said violation to the health, safety and welfare of the public;
2.	The nature of the work required to correct the violation; and
3.	Any notice period given to the violator in a previous citation for the same violation.
PM-112.5 Interest and enforcement of fines: All civil penalties assessed by citation shall be deemed due and payable within five days after the date by which the violation was ordered to be corrected. All civil penalties not paid when due shall bear interest at the same rate imposed for late payment of City property taxes. Any civil penalty assessed by citation, when paid in a timely fashion by the violator, shall bar the City from taking further legal action with respect to the violation, provided that the violation is corrected within the time specified by the Code Enforcement Officer.
PM-112.6 Further citations: If the violation has not been corrected within the time specified in the first citation, the enforcement official may issue a second citation. The second citation shall contain the same information set forth in the first citation regarding the nature of the violation but may do so by reference to the first citation. It shall also state what additional penalties have been imposed for the second citation. The second citation shall also state that the continued failure to correct the violation may result in the issuance of further citations and shall indicate the penalties provided for the issuance of subsequent citations. The time limits specified for correcting the violation may be the same as that allowed in the first citation or may be altered if there has been a change in circumstances. The same procedure shall be followed with regard to the issuance of subsequent citations.
PM-112.7 Civil proceedings: If the violation has not been corrected within the period established in the citation, the Code Enforcement Officer or City Solicitor may initiate appropriate legal proceedings to compel the violator to correct the violation and seek other relief to which the City may be entitled, including imposition and collection of fines assessed by citations pursuant to Sections 112.2 and 112.6 above. Such legal proceedings may include the initiation of a land use complaint pursuant to Rule 80K of the Maine Rules of Civil Procedure and 30-A M.R.S.A. § 4452, as amended. The amount of any fine sought by the City in the course of such legal proceedings shall not be less than the amount of the fine specified in the original citation.
PM-112.8 Repeat violations: A violator who has been previously served with a notice of violation with regard to a specific violation shall not be entitled to receive any further notice of the same violation if it is repeated. If the enforcement official determines that a violator has repeated the same violation, they may proceed in accordance with Section PM-112.7 without further notice.
PM-112.9 Effect on other ordinances: Section PM-112.0 et seq. does not supersede or repeal any other provision of the City’s ordinances or this Code. Except as provided in Section PM-112.6 above, nothing herein precludes the initiation of any other legal proceeding which may be authorized by ordinance or applicable state or federal laws.

J. The definition of "Code Official" contained in Section PM-202.0 is deleted and replaced with the following:

CODE OFFICIAL: The Code Enforcement Officer of the City of Bangor.

K. Section 302.4 is deleted and replaced with the following:

[Added 1-12-2009 by Ord. No. 09-028[3]; amended 3-27-2023 by Ord. No. 23-101]

PM-302.4 Weeds: Except during the month of May, all premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs: provided, however, that this term shall not include cultivated flowers and gardens.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with § 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

[3] Editor's Note: This ordinance also redesignated former Subsections I through K as Subsections J through L, respectively.

L. Section PM-304.14 is deleted and replaced with the following:

PM-304.14 Insect screens: During the period from April 1 to November 1, every door, window and other usable outside opening used or required for ventilation purposes servicing any building containing habitable rooms, food preparation areas, food service areas or any areas where products used in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved, tightly fitting screens of not less than 16 mesh per inch, and every swinging door shall have a self-closing device in good working condition.

Exception: Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided that other approved means, such as air curtains or insect-repellent fans, are employed.

M. Sections PM-602.2, 602.3 and 602.4 are deleted and replaced with the following:

PM-602.2 Residential buildings: Every dwelling unit shall be provided with heating facilities capable of maintaining a room temperature of 68° F. at a level of five feet above the floor and a distance of three feet from the exterior walls at an outside temperature of -20° F.
PM-602.3 Heat supply: Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units or dormitory or guest rooms on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat to maintain a room temperature of not less than 68° F. in all habitable rooms, bathrooms and toilet rooms during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60° F. during other hours. The temperature shall be measured at a point five feet above the floor and three feet from the exterior walls, When the outdoor temperature is below the outdoor design temperature required for the locality by the Mechanical Code listed in Chapter 8, the owner or operator shall not be required to maintain the minimum room temperatures, provided that the heating system is operating at full capacity, with supply valves and dampers in a full open position.
PM-602.4 Nonresidential structures: Every enclosed occupied work space shall be supplied with sufficient heat during the period from October 1 to May 15 to maintain a temperature of not less than 65° F. (18° C.) during all working hours. The temperature shall be measured at a point three feet (914 millimeters) above the floor and three feet from the exterior walls.
Exceptions:
1.	Processing, storage and operation areas that require cooling or special temperature conditions.
2.	Areas in which persons are primarily engaged in vigorous physical activities.

N. Section PM-704.5 is added, which shall state the following:

PM-704.5 Burglar and other emergency alarm systems: No burglar and other emergency alarm system, as described in Chapter 58, Alarm Systems, Article I, Burglar and Emergency Alarm Systems, of the Code of the City of Bangor, shall be installed and operated in any structure unless the same shall be installed and operated in compliance with the National Electrical Code in effect in the City of Bangor at that time and unless the alarm user possesses or has been issued a valid permit pursuant to Chapter 58 of the Code of the City of Bangor.

§ 223-3 (Reserved) [1]

[1] Editor's Note: Former § 223-3, Uninhabitable buildings, added 9-13-2004 by Ord. No. 04-261, as amended, was repealed 2-15-2017 by Ord. No. 17-070

§ 223-4 Public right-of-way.

[Added 5-8-2006 by Ord. No. 06-144]

A. The owner and occupant of real property shall be responsible for keeping the public right-of-way along the full frontage of the property to the center of the street or road free and clear of trash, debris, discarded items, and weeds and plant growth in excess of 10 inches.

[Amended 5-29-2019 by Ord. No. 19-178]

B. The Code Enforcement Officer shall notify the owner and/or occupant in writing if trash, debris, and discarded items must be removed from the public right-of-way, or if the height of weeds or plants exceeds 10 inches and must be mowed. Notification shall be accomplished by mailing the notice to the owner and/or occupant and leaving a copy of the same at the premises. If the condition has not been remedied within five business days, the City may remedy the condition and bill the party notified for the cost of removing and disposing of trash, debris, or discarded items or cost of mowing.

[Amended 5-29-2019 by Ord. No. 19-178]

C. A property owner or occupant billed under Subsection B may appeal the bill to the Director of Public Works, whose decisions shall be final. The Director may grant such appeal only for good cause.

Article II Vacant Buildings

[Adopted 10-28-2013 by Ord. No. 13-344]

§ 223-5 Purpose.

A. Vacant or abandoned properties, particularly residential properties, create and pose significant and costly problems for the City. These properties often become a drain on the City budget and detract from the quality of life of the neighborhood and the City as a whole. Vacant buildings are an impediment to neighborhood redevelopment and rehabilitation, decrease property values, and prevent neighborhood stabilization. These structures are unsightly, 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.

B. A significant obstacle in providing effective and prompt enforcement of the current City Codes, as they relate to vacant buildings, is the inability to contact the owners of abandoned properties. These buildings are often also the subject of foreclosure actions by lien holders, which take considerable time to resolve.

C. 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 City costs.

D. The purpose of this article is to provide a just, equitable and practicable method for identifying, managing and responding to the numerous issues associated with vacant buildings. This article 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 for prompt contact with owners or managers by Police, Fire, and Code Enforcement when issues or emergencies develop.

§ 223-6 Definitions.

A. If a term is not defined in this article or the Land Use Ordinance,[1] it shall have its customary dictionary meaning.

[1] Editor's Note: See Ch. 165, Land Development.

B. For the purpose of interpreting this article, the following terms, phrases, words and their derivations shall have following meanings:

OWNER

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 mortgagee in possession, the beneficiary of a trust, or the holder of a life estate.

PROPERTY MANAGER

A Maine-based entity, corporation, or individual or the designee of the owner that is responsible for maintaining, securing, and inspecting vacant buildings.

VACANT BUILDING

Any building or other structure that is unoccupied by a person or occupied by unauthorized persons for 60 days, excepting permitted garages or accessory buildings.

§ 223-7 Applicability.

A. This article applies to all vacant buildings located within the URD-1, URD-2, M&SD, NSD, DDD, LDR, HDR, and RR&A Zoning Districts in the City of Bangor.

B. Notwithstanding Subsection A, §§ 223-8 through 223-10 of this article do 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"). Owners of vacant buildings qualifying under one of these exemptions are required to have the property maintained by a property manager and to provide the City with a valid emergency contact number for the owner or the property manager.

§ 223-8 Registration required.

A. The owner of a vacant building must obtain a vacant building registration permit for the period during which it is vacant.

B. When a building or structure becomes vacant, the owner of the building must apply for and obtain a vacant building registration permit and pay the fee within 60 days of the building becoming vacant.

C. Standard vacant building registration permit.

(1) The Code Enforcement Division shall issue a standard vacant building registration permit upon being satisfied that the building has been inspected and is in compliance with the vacant building maintenance standards set forth in this article, and is adequately protected from intrusion by trespassers and from deterioration by the weather.

(2) A standard vacant building registration permit is valid for six months from the date of approval.

D. Interim vacant building inspection permit.

(1) If a vacant building is inspected and determined not to meet one or more of the maintenance standards listed in § 223-11, the Code Enforcement Division shall issue an order for any work needed to:

(a) Adequately protect the building from intrusion by trespassers and from deterioration by weather by bringing it into compliance with the vacant building maintenance standards set forth in this article; and

(b) Ensure that allowing the building to remain 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.

(2) When issuing orders under Subsection D(1), the Code Enforcement Division shall specify the time 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.

(3) All work done pursuant to this article must be done in compliance with the applicable building, fire prevention, life safety, and zoning codes.

E. After the vacant building registration permit is issued, a placard provided by the Code Enforcement Division shall be posted on the property by the owner or its 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 or its agent, and the twenty-four-hour-a-day contact information of the property management company.

F. Upon the expiration of a vacant building registration permit, if the building or structure is still vacant, the owner must arrange for an inspection of the building and premises with the appropriate Code Enforcement, Police and Fire Officials, and renew the permit within 10 days of expiration. All permit renewals shall be subject to all conditions and obligations imposed by this article and any previous permits unless expressly exempted therefrom.

§ 223-9 Permit application.

A. Application by the owner of a vacant building or structure for a vacant building registration permit must be made on a form provided by the Code Enforcement Division. 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, and other codes adopted by the City of Bangor.

B. 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 standards of § 223-11, and a plan and timeline for the lawful occupancy, rehabilitation, or removal or demolition of the structure.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. 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 shall update the authorized person list as needed.

D. Contact information. The application shall include the following:

(1) The name, street address, telephone number, and e-mail address of a designated individual designated by the owner or owners of the vacant building as their 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 Code regarding the vacant building.

(2) The name of at least one property manager responsible for management and maintenance of the property, along with their twenty-four-hour-a-day contact information.

(3) The name of any bank/lender/lien holder with an interest in the property and its contact information, including the mailing address of the bank/lender/lien holder.

(4) If any contact information required under this subsection changes or becomes out-of-date, the owner must notify the Code Enforcement Division in writing within 30 days of such change.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

E. A fee as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code or the cost of all materials, staff time, and other expenses of the City related to administering and enforcing this article, whichever is greater, shall be charged for a vacant building registration permit or interim permit. The fee for renewal of a vacant building registration permit shall also be as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code. 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 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 ninety-day period expire, the fee becomes due immediately.

[Amended 6-12-2023 by Ord. No. 23-154; 5-22-2023 by Ord. No. 23-140]

§ 223-10 Inspection.

A. Upon and at the time of application, the owner of a vacant building or structure shall arrange for an inspection of the premises by staff of the Code Enforcement Division. The purpose of such inspections is to determine and ensure compliance with vacant building maintenance standards. The Code Enforcement Division may bring on the inspection such other government officials as it deems prudent to ensure compliance with standards and the safety of the building, including but not limited to police and fire officials.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. If Code Officials have reason to believe that an emergency or imminent danger exists tending to create an immediate danger to the health, welfare, or safety of the general public, Code, Police and Fire Officials have the authority to enter and inspect the vacant building and premises upon which it stands without notification or warrant being required.

§ 223-11 Maintenance standards.

An owner of a vacant building must adequately protect it from intrusion by trespassers and from deterioration by the weather. A vacant building shall be deemed adequately protected from intrusion by trespassers and from deterioration by the weather if it satisfies the following vacant building maintenance standards:

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 the 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 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 article.

§ 223-12 Violations and penalties.

[Amended 5-22-2023 by Ord. No. 23-140; 3-25-2024 by Ord. No. 24-098]

Any person who is found to be in violation of any provision or requirement of this article shall be subject to a civil penalty and the enforcement provisions as set forth in 30-A M.R.S.A. § 4452. Each violation of a separate provision or requirement, and each day of violation, shall constitute a separate offense. The Director of Community and Economic Development is authorized to sign administrative consent agreements on behalf of the City to resolve violations of this article. In the absence of said Director, the City Solicitor or the City Manager has the authority to sign administrative consent agreements on behalf of the City. The City may also enforce violations of this article in court.