(3) The code enforcement officer is incompetent or unable to perform properly the duties of the office.

Sec. 52. 31 MRSA §498, sub-§2, ķA, as amended by PL 1991, c. 780, Pt. U, §28, is further amended to read:

A. Notwithstanding Title 4, chapter 25 5 and Title 5, chapter 375, the authority of a foreign limited partnership to do business in this State may be revoked by the Secretary of State as provided in paragraphs C and D when:

(1) The foreign limited partnership fails to deliver its annual report for filing within the time specified by this chapter or fails to pay any fees or penalties as prescribed by this chapter when they become due and payable;

(2) The foreign limited partnership fails to appoint and maintain a registered agent in this State as required by section 494;

(3) The foreign limited partnership fails, after change of its registered office or registered agent, to file with the Secretary of State a statement of the change required by section 494;

(4) The foreign limited partnership has failed to file with the Secretary of State an amended application for authority required by section 495; or

(5) A misrepresentation of a material fact is made in any application, report, affidavit or other document required by this chapter.

Sec. 53. 31 MRSA §530, sub-§1, as amended by PL 1995, c. 458, §18, is further amended to read:

1. Failure to file annual report. A limited partnership required to deliver an annual report for filing as provided by section 529 that fails to deliver its properly completed annual report to the Secretary of State shall pay, in addition to the regular annual report fee, the sum of $25, providing the report is received by the Secretary of State prior to revocation or suspension of the limited partnership. Upon a limited partnership's failure to file the annual report and to pay the