City of Saco, ME Property Maintenance

Adoption of the International Property Maintenance Code. An ordinance establishing the minimum regulations governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures; known as the "Property Maintenance Code"; be it ordained by the City Council of the City of Saco as follows;

A certain document, three copies of which are on file in the office of the City Clerk of the City of Saco, being marked and designated as “The International Property Maintenance Code, 2009" as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Saco, in the State of Maine; for control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in the chapter, with the additions, deletions and changes prescribed in § 163-3 of this chapter.

[Amended 3-5-2012]

§ 163-3 Additions, insertions and changes.

[Amended 5-3-2004; 3-5-2012]

Additions, insertions and changes to the International Property Maintenance Code/2009 are set out below:

Section 101.1, Title (page 1, second line): insert: "The City of Saco."

Section 103.5, Fees (page 2): Delete the entire section.

Section 106.4, Penalties (page 3): delete everything after the word "Penalty" and insert "See Code of the City of Saco, Chapter 163, § 163-6."

Section 111.2, Membership of board (page 6): Delete "a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction." and replace with "the same body that makes up the Saco City Council and shall operate under the same rules of order it has adopted. The Chair of the Board shall be the Mayor, or, in his absence, a member of the Council selected by its own membership." Delete Sections 111.2.1 through 111.2.5 in their entirety and replace with "See Code of the City of Saco, Chapter 163, § 163-5."

Section 302.4, Weeds (page 11): Insert "12 inches."

Section 304.14, Insect screens (page 13): insert "May 1" after ” the period from" and insert "October 1" after "to."

Sections 502.5 and 505.1 (page 19): Delete the words "International Plumbing Code" and insert the words "State of Maine Internal Plumbing Rules, 144A CMR Chapter 238."

Section 602.3, Heat supply (page 21): insert the words “September 1 to May 15." Add to the end of this section the following: “For all dwellings covered by the scope of this section, the building owner or designated agent shall maintain and provide an adequate source of fuel for the heating equipment required by Section 602.1, unless otherwise provided for in a written lease."

Section 602. 4, Occupiable workspaces (page 21): insert "September 1" after "the period from" and insert "May 15" after "to."

Insert new Section 602.6 on page 21 as follows: "Failure of owner to provide fuel: In the event of the failure of the owner or his designated agent to comply with Section 602.3, upon determination of the Code Enforcement Officer that an emergency exists, the City shall be entitled to supply the necessary maintenance or fuel. The City shall, in such case, in addition to the penalties provided for herein for violation of this code, be entitled to recover amounts expended hereunder in an action against the owner or agent, together with costs, including reasonable attorney fees."

Chapter 8, Referenced Standards (page 27) delete the following references: "IPC-09 ICC International Plumbing Code" and replace with the following reference: "State of Maine Internal Plumbing Rules, 144A CMR Chapter 238." Delete "IZC-09 ICC International Zoning Code" without replacement. Delete NFPA 70-08 and insert "NFPA-70 National Electric Code 2011" in the last line.

§ 163-4 Supervisory official.

The Building Inspector/Code Enforcement Officer or his/her representative is herewith designated as the City official to supervise and enforce this chapter.

§ 163-5 (Reserved) [1]

[1]

Editor's Note: Former § 163-5, Appeals, was repealed 3-5-2012.

§ 163-6 Violations and penalties.

The following provisions shall apply to violations of the laws and ordinances set forth in this chapter, and all monetary penalties shall be civil penalties.

The minimum penalty for starting construction or undertaking a land use activity without a required permit shall be $100 and the maximum penalty shall be $2,500.

The minimum penalty for a specific violation shall be $100 and the maximum penalty shall be $2,500.

The violator may be ordered to correct or abate the violations. Where the court finds that the violation was willful, the violator shall be ordered to correct or abate the violation, unless the abatement or correction will:

(1)

Result in a threat or hazard to public health or safety;

(2)

Result in substantial environmental damage; or

(3)

Result in substantial injustice.

If the City of Saco is the prevailing party, it shall 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. If the defendant is the prevailing party, the defendant may be awarded reasonable attorney fees, expert witness fees and costs as provided by court rule.

The maximum penalty may exceed $2,500 but shall not exceed $25,000 when it can be shown that there has been a previous conviction of the same party within the past two years of the same law or ordinance.

All proceedings arising under the provisions of locally administered laws and ordinances shall be brought in the name of the City of Saco, and fines shall be paid to the City of Saco.