Winslow City Zoning Code
ARTICLE IX
Property Maintenance
§ 300-90 Vacant and abandoned buildings.
[Amended 7-10-2017 by Ord. No. 7-2017]
Purpose.
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, 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.
A significant obstacle in providing effective and prompt enforcement of the current Town Codes, as they relate to vacant and abandoned buildings, is the inability to contact the owners or mortgagees of abandoned properties. These buildings are often also the subject of foreclosure actions by lienholders, which take considerable time to resolve.
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.
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 for prompt contact with owners, mortgagees or managers by police, fire, and code enforcement when issues or emergencies develop.
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:
Doors and windows on the premises are continuously boarded up, broken or left unlocked;
Rubbish, trash or debris has observably accumulated on the premises;
Furnishings and personal property are absent from the premises;
The premises are deteriorating so as to constitute a threat to public health or safety;
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;
Reports of trespassers, vandalism or other illegal acts being committed on the mortgaged premises have been made to local law enforcement authorities;
A code enforcement officer or other public official has made a determination or finding that the premises are abandoned or unfit for occupancy; or
Other reasonable indicia of abandonment.
Applicability.
This section applies to all buildings that are both vacant and abandoned within the Town of Winslow.
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").
Registration required.
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.
When a building or structure becomes vacant and abandoned, the owner or mortgagee of the building must apply for a vacant building permit.
Standard vacant building registration permit.
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 subarticle, and is adequately protected from intrusion by trespassers and from deterioration by the weather.
A standard vacant building registration permit is valid for one year from the date of approval.
Interim vacant building inspection permit.
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:
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 subarticle; and 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.
When issuing orders under Subsection D(4)(a), the Code Enforcement Officer 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.
All work done pursuant to this subarticle must be done in compliance with the applicable building, fire prevention, life safety and zoning codes.
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.
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 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 section and any previous permits unless expressly exempted therefrom.
Permit application.
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 and other codes adopted by the Town of Winslow.
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.
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.
Contact information. The application shall include the following:
The name, street address, telephone number, and e-mail address of a designated 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 Code regarding the vacant building.
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.
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.
A fee of $250 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 180 days of becoming vacant; should this one-hundred-eighty-day period expire, the fee becomes due immediately.
Inspection.
Upon and at the time of application, the owner or mortgagee of a vacant building or structure shall arrange for an inspection of the premises by the Code Enforcement Officer. The purpose of such inspections is to determine and ensure compliance with vacant building maintenance standards. The Code Enforcement Officer may bring on the inspection such other government officials as it deems prudent to ensure compliance with standards and the safety of the building and the Winslow Code Book, including but not limited to police and fire officials.
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.
Maintenance standards.
An owner or mortgagee 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.
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.
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.
Drainage. The building storm drainage system shall be functional and installed in an approved manner, and allow discharge in an approved manner.
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.
Structural members. The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads.
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.
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.
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.
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.
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.
Walkways. Walkways shall be safe for pedestrian travel.
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.
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.
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.
Definitions. If a term is not defined in this subarticle or Article X of this chapter, it shall have its customary dictionary meaning. For the purpose of interpreting this subarticle, the following terms, phrases, words and their derivations shall have following meanings:
[Amended 4-11-2022 by Ord. No. 02-2022]
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.
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.A. § 4452. Each violation of a separate provision or requirement, and each day of violation, shall constitute a separate offense.
§ 300-90.1 Purpose.
The purpose of this subarticle is to set minimum standards for the maintenance of structures and yard areas to protect public health and safety and property values, and to prevent nuisance conditions.
§ 300-90.2 Structure maintenance standards.
All structures shall be maintained in a safe, sanitary, and nonhazardous condition. Examples of items which may violate these standards include but are not limited to: refuse, household trash, junk, debris, scrap lumber or metal, inoperable machinery or parts thereof, glass, unused or inoperable appliances, and worn or unused furniture. All means of egress shall be kept in good working order and clear of debris.
Each property owner and mortgagee shall keep all exterior components of every principal and accessory structure in good repair, including, but not limited to, walls, roofs, chimneys, cornices, gutters, porches, fire escapes, exterior stairs, windows, doors, and storefronts. All surfaces shall be maintained free from deterioration, including, but not limited to, broken glass, loose or missing shingles or siding, crumbling brick, stone and mortar, and peeling, scaling, or deteriorated paint.
§ 300-90.3 Yard area maintenance standards.
Yard areas include all areas of a lot not covered by a structure. Yard areas shall be maintained in a safe, sanitary, and nonhazardous condition, including, but not limited to, steps, walks, driveways, fences, retaining walls, trees, shrubs, and lawn. If any such area or object constitutes a danger to health or safety, it shall be repaired, replaced, or removed. All fences, retaining walls or similar structures shall be firmly anchored in the ground and maintained in good structural repair. Examples of items which may violate these standards include but are not limited to: refuse, household trash, junk, debris, scrap lumber or metal, inoperable machinery or parts thereof, glass, unused or inoperable appliances, worn or unused furniture, two or more unregistered or uninspected vehicles (including campers/RVs), and any unserviceable vehicles (including campers/RVs). Materials intended for the private use of the property owner may be stored on the property as long as such material is screened from the public way and from abutting properties and is not in violation with any other part of this chapter or state laws. Private use does not include resale.
Grass and weeds. Premises and exterior property shall be maintained free from grass or weed growth in excess of 10 inches for residential properties and six inches for commercial properties. "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. Hayfields and pastures shall be permitted where the owner demonstrates that the affected area is actively managed. Premises and exterior property that is open lawn or field on lots in excess of 1/2 acre may be allowed to reforest through an actively managed process that includes replanting and seeding by the owner.
The grass height maintenance standards shall only apply to properties within the area described below:
Beginning at the Winslow/Waterville Bridge heading north along the east side of the Kennebec River to the Winslow/Benton Town line. Then, east along the Winslow/Benton Town line to the Sebasticook River. Then, south following the west side of the Sebasticook River. Then, continuing south along the west side of the Outlet Stream, commonly known as Mile Brook, to the north side of Veteran Drive. Then, west along the north side of Veteran Drive and Dunbar Road to the intersection of Augusta Road and Carter Memorial Drive. Then, continuing west to the Kennebec River's east side. Then, north along the Kennebec River to the Winslow/Waterville Bridge. In addition to the outlined region, all properties along both sides of the entire length of Augusta Road to the Winslow/Vassalboro Town line are included.
Rodent harborage. Structures and yard areas shall be kept free from rodent harborage and infestation. Where rodent infestation is found, it shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
Composting. On properties less than one acre in size, all composting shall be confined to approved composting containers. Composting containers must be placed to meet the required property line setbacks for structures based on the zoning in which they are located.
§ 300-90.4 Maintenance after casualty damage.
Any building damaged or destroyed by fire or other causes shall be made secure within 24 hours, and a permit for demolition or reconstruction shall be obtained within 90 days from the date of the fire or other casualty. Work to either remove or restore a damaged or destroyed building must begin no later than 120 days from the date of the fire or other casualty. Should the fire or other casualty require further investigation by authorized agencies, an extension may be granted by the CEO.
§ 300-90.5 Liability for violations and corrective actions.
Owners of properties in violation of this subarticle shall be liable for violations and for corrective actions required.
§ 300-90.6 Enforcement; violations and penalties; extensions.
The CEO, or his or her designee, shall notify the violator, serving a written notice by certified mail or by hand delivery. Said notice shall explain the nature of the violation and require corrective action within seven to 30 calendar days from the date of the receipt of the notice, dependent upon the nature of the violation as determined by the CEO. For health and safety violations, corrective action must be taken within seven calendar days. Examples of health and safety violations include but are not limited to: trash/debris containing used medical supplies or drug paraphernalia, rodent harborage, discarded appliances or containers which a child could become trapped in, sharp or otherwise dangerous objects, and any hazardous waste or chemicals. Grass and weed violations must also be corrected within seven days. Upon request, the CEO may grant an extension of time for compliance due to extenuating circumstances.
The violator may appeal any violation to the Board of Appeals. Appeals must be made within three business days of notification by the CEO of a violation. The number of days given for compliance shall start after the Board of Appeals has heard the appeal. The hearing shall be de novo and heard within 45 days of the filing of the appeal.
If a violation is not corrected within the time allowed, the Town may pursue all relief available in law or equity. This relief includes a civil penalty of $100 to $2,500 per violation, which cannot be suspended, injunctive relief, and abatement. Each day a violation occurs is a separate violation. If the Town is the prevailing party, it shall be awarded its reasonable attorney's fees, expert witness fees, and costs. In addition, if the violation is not corrected within the time allowed, the Town may abate the violation, and the property owner will be responsible for the cost of abatement. For health and safety violations, abatement by the Town will be permitted during the pendency of any appeal. In any action to recover the cost of abatement, the Town shall be awarded its reasonable attorney's fees and costs.
Enforcement. Enforcement of this subarticle will be based on receipt of a complaint or observation of a violation. The Town will make reasonable efforts to obtain voluntary compliance before initiating an enforcement action.
[Added 1-15-2024 by Ord. No. 11-2023]
§ 300-90.7 Severability.
If any section, subsection, clause, paragraph, phrase, or portion of this subarticle is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed to be a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
§ 300-90.8 Conflict with other laws.
Whenever a provision of this subarticle conflicts with or is inconsistent with another provision of this subarticle or any other ordinance, regulation or statute, the provision imposing the greater restriction shall control. The newest version of this subarticle shall be the one that is enforced.