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Lewiston Code Chapter 34 CH 34:1 Chapter 34 ENVIRONMENT* Article I. In General Secs. 34-1--34-25. Reserved. Article II. Nuisances Sec. 34-26. Forbidden. Sec. 34-27. Nuisance defined. Sec. 34-28. Inspections of tenements; vacating occupants. Sec. 34-29. Offensive conditions declared nuisances. Sec. 34-30. Abatement generally. Sec. 34-31. Abatement orders and appeals. Sec. 34-32. Abatement by city. Sec. 34-33. Penalty and abatement. Sec. 34-34. Obnoxious use of buildings. Sec. 34-35. Dense smoke. Sec. 34-36. Abandoning an airtight container. Sec. 34-37. Disposal of dead animals restricted. Sec. 34-38. Action for damages. *Cross references: Vegetation, ch. 78. ---PAGE BREAK--- ENVIRONMENT Lewiston Code Chapter 34 CH 34:2 ARTICLE I. IN GENERAL Secs. 34-1--34-25. Reserved. ARTICLE II. NUISANCES* *Cross references: Depositing offensive substances, § 54-5. Sec. 34-26. Forbidden. No person shall commit, create or maintain any nuisance. (Code 1982, § 18-1) Sec. 34-27. Nuisance defined. Whatever is dangerous to human health, whatever renders the grounds, the water, the air, or food, hazardous or injurious to health, is hereby declared to constitute a nuisance. (Code 1982, § 14-2) Sec. 34-28. Inspections of tenements; vacating occupants. Whenever the health officer shall find that the number of persons occupying any tenement is so great as to be the cause of nuisance or sickness, or a source of filth; and whenever any tenement is not furnished with suitable sewage disposal facilities, according to the rules and regulations of the state department of human services, division of health and engineering, such health officer may cause all or any persons occupying such tenement to be removed therefrom, first giving them notice in writing to remove, and allowing them at least 48 hours in which to comply with the notice. (Code 1982, § 14-1) Sec. 34-29. Offensive conditions declared nuisances. Any accumulation of refuse matter such as swill, waste of meat, fish, shells, bones, decayed vegetables, dead carcasses, excrement or any kind of offal which may decompose and generate diseases, germs or unhealthy gases, and affect the purity of the air in the immediate vicinity of any dwelling house or place of business, shall be considered a nuisance. (Code 1982, § 14-3) Sec. 34-30. Abatement generally. The process for abatement of a nuisance is as provided by 17 M.R.S.A. § 2702. (Code 1982, § 18-7) ---PAGE BREAK--- ENVIRONMENT Lewiston Code Chapter 34 CH 34:3 Sec. 34-31. Abatement orders and appeals. Whenever the health officer determines that a condition is or is likely to become injurious to the health of the public, an order to correct such condition shall be issued to the responsible party. The order shall be in writing and include a statement of the reasons for issuance of the order and may contain an outline of remedial action which will effect compliance with this chapter. A copy of the order shall be kept as part of the public record. The order shall be served upon the owner or his agent or upon the occupant as the case may require. The order shall be deemed to be properly served upon such owner, agent or occupant if a copy thereof is served upon him personally or if a copy thereof is sent by registered mail or certified mail to his last known address or the address as shown on the records in the department of assessment. A statement signed by the person so serving, stating the date of service, shall be filed in the office of the director of code enforcement. Any person served with an order pursuant to this section may request a hearing before the board of appeals by filing a written petition for the hearing at the office of the director of code enforcement within ten days of the date of service of order. The appeal shall be heard at the next scheduled meeting of the board of appeals occurring at least 48 hours after the date of filing. The board of appeals may sustain, modify or withdraw such order. The decision of the board of appeals may be further appealed pursuant to the provisions of rule 80B of the Maine Rules of Civil Procedure. To take advantage of this right, a petition for review must be filed with the superior court within 30 days of receipt of the decision of the board of appeals. The health officer may, upon evidence of disregard of the order or noncompliance with the decision of the board of appeals, request that appropriate legal action be instituted by the city attorney. (Code 1982, § 14-4) Sec. 34-32. Abatement by city. Upon failure to correct any nuisance described in section 34-28, after due notice given by the health officer, the same shall be corrected at the expense of the owner or agent, or occupant of the premises where such nuisance exists. (Code 1982, § 14-5) State law references: Health officer's authority to remove private nuisance, 22 M.R.S.A. § 1561. Sec. 34-33. Penalty and abatement. As provided by 17 M.R.S.A. § 2706, whoever erects, causes or continues a public or common nuisance, as described in state law or at common law, where no other punishment is specially provided, shall be punished by a fine of not more than $100.00, and the court with or without such fine may order such nuisance to be discontinued or abated and issue a warrant therefor as provided in state law. (Code 1982, § 18-6) ---PAGE BREAK--- ENVIRONMENT Lewiston Code Chapter 34 CH 34:4 Sec. 34-34. Obnoxious use of buildings. The erection, continuance or use of any building or place for the exercise of a trade, employment or manufacture which, by noxious exhalations, offensive smells or other annoyances becomes injurious and dangerous to the health, comfort or property of individuals, or of the public, is declared to be a public nuisance as provided by 17 M.R.S.A. § 2802. (Code 1982, § 18-3) Sec. 34-35. Dense smoke. The following definitions shall apply in the interpretation and enforcement of this section: Chart shall be considered as referring to the Ringelmann smoke chart as published and used by the Bureau of Mines. Stack means and includes chimneys, smokestacks, structures and openings of any kind whatsoever, capable of emitting smoke. This shall include locomotives. Any stack emitting smoke of greater density than no. 2 on the chart except for a period of six minutes in any one hour and not exceeding 12 minutes daily while engaged in cleaning or building a new fire, and except for locomotives which shall be allowed one minute in 30 minutes for smoke denser than no. 2 but not denser than no. 3 by the chart, shall be termed a nuisance and annoyance. Any person causing, or responsible for, a stack emitting smoke in excess of limits set forth in this section shall be guilty of an offense. Every 24 hours the offense continues shall be a separate offense. The health department shall be the agent for the enforcement of this section. (Code 1982, § 18-4) Sec. 34-36. Abandoning an airtight container. A person is guilty of abandoning an airtight container if: He abandons or discards in any public place, or in a private place that is accessible to minors, any chest, closet, piece of furniture, refrigerator, icebox or other article having a compartment capacity of 1 1/2 cubic feet or more and having a door or lid which when closed cannot be opened easily from the inside; or Being the owner, lessee, manager or other person in control of a public place or of a place that is accessible to minors on which there has been abandoned or discarded a container described in subsection above, he knowingly or recklessly fails to remove such container from that place, or to remove the door, lid or other cover of the container. Abandoning an airtight container is an offense. Any person violating any of the provisions of this section shall upon conviction thereof be fined in an amount not exceeding $50.00. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this section. (Code 1982, § 19-5) ---PAGE BREAK--- ENVIRONMENT Lewiston Code Chapter 34 CH 34:5 Sec. 34-37. Disposal of dead animals restricted. No person shall cast any dead animal substance into any street, nor into any of the canals or waters within or adjoining the city, nor cause any animal to be drowned in such canals or waters. (Code 1982, § 14-6) Cross references: Animals, ch. 14. State law references: Depositing of dead animals a nuisance, 22 M.R.S.A. § 1562. Sec. 34-38. Action for damages. As provided by 17 M.R.S.A. § 2701, any person injured in his comfort or enjoyment of his estate by a common and public or a private nuisance may maintain against the offender an action of the case for his damages, unless otherwise specially provided. (Code 1982, § 18-5)