2005 Maine Code - §3428 — Malfunctioning domestic waste water disposal units; abatement of nuisance

      1. Abatement procedure. Upon complaint of any person or on their own information, the municipal officers shall serve an order to remedy a malfunctioning waste water disposal unit upon the owner or occupant of any premises within that municipality which has such a malfunctioning unit.[1987, c. 737, Pt. A, §2 (new); Pt. C. §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]
      2. Content of order. The order shall be addressed to the owner of the premises and must contain:
   
A. The date; [1987, c. 737, Pt. A, §2 (new); Pt. C. §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]    
B. The fact of the malfunctioning waste water disposal unit; [1987, c. 737, Pt. A, §2 (new); Pt. C. §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]    
C. A notice to remedy the nuisance within 10 days of service of the order; and [1987, c. 737, Pt. A, §2 (new); Pt. C. §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]    
D. The signatures of the municipal officers. [1987, c. 737, Pt. A, §2 (new); Pt. C. §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]

If service is to be made upon a tenant or occupant in possession, the order must be addressed to that person in addition to the owner.
[1987, c. 737, Pt. A, §2 (new); Pt. C. §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]
      3. Service and return of service. One of the municipal officers or a law enforcement officer shall serve the order personally upon the owner, tenant or occupant in possession. The server shall make and file a return of service indicating the method used and the person served.[1987, c. 737, Pt. A, §2 (new); Pt. C. §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]
      4. Abatement. If the nuisance is not abated within the 10-day period, the municipal officers or their agents may enter the premises and have the malfunction adequately remedied. To recover any actual and direct expenses, including reasonable attorney fees if the municipality is the prevailing party, incurred by the municipality in the abatement of such nuisances, the municipality shall:
   
A. File a civil action against the owner. The costs, including reasonable attorney fees, to create and prosecute an action to collect expenses following such a civil complaint, shall also be recovered from the owners; or [1987, c. 737, Pt. A, §2 (new); Pt. C. §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]    
B. Assess a special tax against the land on which the waste water disposal unit is located for the amount of the expenses. This amount shall be included in the next annual warrant to the tax collector of the municipality for collection in the same manner as other state, county and municipal taxes are collected. Interest as determined by the municipality pursuant to Title 36, section 505, in the year in which the special tax is assessed, shall accrue on all unpaid balances of any special tax beginning on the 60th day after the day of commitment of the special tax to the collector. The interest shall be added to and become part of the tax. [1987, c. 737, Pt. A, §2 (new); Pt. C. §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).] [1987, c. 737, Pt. A, §2 (new); Pt. C. §106 (new); 1989, c. 6 (amd); c. 9, §2 (amd); c. 104, Pt. C, §§8, 10 (amd).]

Section History:

PL 1987,  Ch. 737,   §A2,C106 (NEW).
PL 1989,  Ch. 6,   § (AMD).
PL 1989,  Ch. 9,   §2 (AMD).
PL 1989,  Ch. 104,   §C8,10 (AMD).