By Dominik Lobkowicz
Nobleboro citizens voiced a variety of concerns over a proposed property maintenance ordinance at a public meeting on April 8.
Nobleboro Planning Board (from left): Chair Jacob Oliver, Code Enforcement Officer Stanley Waltz, Selectman Walter “Al” Lewis, and Selectman Harold “Bud” Lewis meet with the public April 8 to discuss a proposed property maintenance ordinance . (D. Lobkowicz photo) |
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The ordinance’s purpose is “to set a minimum standard for the maintenance of the grounds of residential property in order to protect Nobleboro residents from unsanitary, unsafe, and/or nuisance conditions,” according to the most recent draft.
The draft ordinance would require the grounds of any property to be kept free of “unsafe or unsanitary conditions” including household trash, junk, discarded plumbing, scrap metal, rags, batteries, scrap lumber, unused and inoperable appliances, discarded furniture, or more than two junked or unserviceable vehicles, among others.
Safe and sanitary items the owner intends to use but are deemed to be a public nuisance could remain on the property, but would be required to be screened by objects such as embankments, buildings, or other installations. Items kept for resale would not be considered screen-able items under the current draft.
According to the draft ordinance, violators would have 30 days after they were served with a notice to correct the violation (a maximum of 7 days for a health or safety violation) and could face a daily penalty of $100 to $2500 if not corrected within the time limit.
The violator also has the opportunity to appeal the code enforcement officer’s decision to the board of selectmen.
Planning Board Chair Jacob Oliver said his board has been developing the ordinance at the request of the selectmen, and took pieces from a number of property maintenance ordinances in use in other towns.
According to Code Enforcement Officer Stanley Waltz, the ordinance would cover a lot of issues that fall through the cracks in state law.
Richard Powell worried that residents who rely on selling scrap metal for income and may want to hold on to items until the scrap price goes up may be unfairly hindered by the ordinance.
“To say that you can’t store that on your property because you’re deriving an income from it, I don’t think it’s legal,” Powell said.
Oliver said he was not sure why the language prohibiting items kept for resale was included in the draft.
Powell was also concerned about there being no time limit in the ordinance for a property owner to screen any screen-able items, and how quickly someone on a fixed income might get the money together to put up any screening.
“We’re putting a financial burden on people in town,” he said.
The draft ordinance does have a provision for the code enforcement officer to extend a single extension per person per incident of up to 180 days under certain hardship or extenuating circumstances.
Mike Cahill asked several questions about the sale of a property with a violation or unpaid fine, including how the town would know if someone sells the property, whether a lien can be placed on a property, and how a buyer would know if a property is in violation at the time of the sale.
Waltz replied, “I’m not an attorney, but if you do disclosure and you don’t put that stuff in there, that’s fraud.”
Several people also voiced concerns about people from away moving into town and using the ordinance against established practices of long-time property owners.
Selectman Harold “Bud” Lewis said the planning board has been trying to seek balance in the ordinance that applies common sense to the issue, and if the code enforcement officer does not exercise common sense, the selectmen will have authority over the appeal process under the ordinance.
The ordinance is not aimed at items like firewood or items typically found around homes, Waltz said, adding that he will not go around town looking for issues that fit the ordinance.
“That’s not what this is about,” he said.
Oliver said the planning board will continue to tweak the draft based on the concerns, and encouraged further suggestions be submitted to the board prior to their next meeting.
The planning board is scheduled to meet Tuesday, April 15 at 6 p.m. at the Nobleboro Town Office, and the public hearing on the proposed ordinance is scheduled for Tuesday, April 22 at 7 p.m. in the same location.
The ordinance is planned to be brought before the voters at the June 10 election.
