An Act To Amend the Laws Governing Dangerous Buildings

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  a municipality, or a county on behalf of an unorganized or deorganized area, that has adjudged a building to be a nuisance or dangerous does not have clear legal authority to file a writ of attachment in Superior Court to recover the costs incurred by the municipality or the county in abating the nuisance or the dangerous building; and

Whereas,  further delay in permitting a municipality or a county to file a writ of attachment to recoup expenses incurred in remediating a nuisance or dangerous building places a strain on the ability of a municipality or a county to meet its other financial obligations; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 17 MRSA §2851, first ¶,  as amended by PL 2017, c. 136, §1, is further amended to read:

The municipal officers in the case of a municipality or the county commissioners in the case of the unorganized or deorganized areas in their county may after notice pursuant to section 2857 and hearing adjudge a building to be a nuisance or dangerous, in accordance with subsection 2-A, and may make and record an order, in accordance with subsection 3, prescribing what disposal must be made of that building. The order may allow for delay of disposal if the owner or party in interest has demonstrated the ability and willingness to satisfactorily rehabilitate the building. If an appeal pursuant to section 2852 is not filed or, if an appeal pursuant to section 2852 is filed and the Superior Court does not order, stay or overturn the order to dispose of the building, the municipal officers or the county commissioners shall cause the nuisance to be abated or removed in compliance with the order. After recording an attested copy of the notice required by section 2857 in the registry of deeds located within the county where the building is situated, the municipality or the county may seek a writ of attachment of the property on which the building is located in accordance with Title 14, chapter 507 and the Maine Rules of Civil Procedure.

Sec. 2. 17 MRSA §2851, sub-§4,  as amended by PL 2017, c. 136, §1, is further amended to read:

Sec. 3. 17 MRSA §2859, first ¶,  as enacted by PL 1981, c. 43, is amended to read:

In cases involving an immediate and serious threat to the public health, safety or welfare, in addition to any other remedies, a municipality or a county may obtain an order of demolition by summary process in Superior Court, in accordance with this section.

Sec. 4. 17 MRSA §2859, sub-§1,  as amended by PL 2017, c. 136, §7, is further amended to read:

Sec. 5. 17 MRSA §2859, sub-§4,  as amended by PL 2017, c. 136, §9, is further amended to read:

Sec. 6. 17 MRSA §2859, sub-§7,  as amended by PL 2017, c. 136, §10, is further amended to read:

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.