An Act To Address the Detrimental Effects of Abandoned Property
Maine Legislature, Session 127, LD 1203
Committee Amendment CA_A_S260 (Senate)
Amends: 30-A MRSA §3106-A

FmST REGULAR SESSION 
COMMITTEE AMENDMENT" A" to S.P. 430, L.D. 1203, Bill, "An Act To 
Address the Detrimental Effects of Abandoned Property" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 30-A MRSA §3106-A is enacted to read: 
§3106-A. Municipal authority to manage abandoned properties 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Property defects" means the conditions that, in the judgment of the municipality, 
contribute to blight as a result of the continued lack of care, maintenance or security 
of a property. 
B. "Responsible parties" means the owner or owners of record. 
2. Municipal authority. In accordance with this section, the municipal officers or 
the officers' designee may regulate the care, maintenance and security of property 
determined to be abandoned under subsection 4, if the responsible parties fail to address 
the property defects after notice and an opportunity to comply. The municipality may 
recover its costs from the responsible parties. The authorities established by this section 
may not be construed to replace or supplant any municipal authority to provide for basic 
necessities under Title 14, section 6026-A or address dangerous properties under Title 17, 
chapter 91, subchapter 4. Municipal action under this section may not be interpreted to 
bestow any responsibility on the municipality to safeguard or otherwise preserve or 
protect abandoned property. 
3, 
Notice of foreclosure; designation of representative. 
When initiating a 
foreclosure action on a property, a foreclosing mortgagee shall notify the municipality 
where the property is situated and designate an in-state representative responsible for the 
property. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 430, L.D. 1203 
4. Determination of abandonment. Before a municipality may initiate corrective 
action measures to address property defects pursuant to this section, either a court or the 
municipal officers must have determined that the property has been abandoned according 
to the evidence of abandonment described in Title 14. section 6326, subsection 2, 
paragraph A, C, D, E, F, G or H. 
A. The municipal officers shall provide notice to the responsible parties and hold a 
hearing before making a determination that a property has been abandoned. The 
notice of hearing must: 
(1) State the scheduled date. time and location of the hearing; and 
(2) Inform the responsible parties that, upon a fmding of abandonment, the 
municipality may require the responsible parties to correct any property defects 
within 30 days of the issuance of a notice to correct or, if a permit is required to 
correct property defects, the municipality may require the responsible parties to 
promptly seek a permit and to correct the defects within 30 days of the issuance 
of the permit. 
B. A hearing under paragraph A may be held no less than 7 days after receipt or 
pUblication of the notice. 
C. An order issued by the municipality determining that a property is abandoned may 
be combined with the notice to correct set forth in subsection 5. 
5. Notice to correct. Upon a finding of abandonment, the municipal officers may 
give written notice to the responsible patties to correct identified property defects. The 
municipal notice to correct under this section must: 
A. Identify the property defects; 
B. State the municipality's intention to take appropriate preventive or corrective 
measures to address the property defects; 
C. Identify the measures the municipality will take if the responsible parties have not 
remedied the property defects identified within 30 days of the notice to correct; 
D. 
State the municipality's intention to subsequently recover the municipality's 
direct, legal and administrative costs from the responsible parties; and 
E. Inform the responsible parties of their ability to avert the municipality's actions by 
remedying the property defects as identified in the notice. 
6. Notice process. A notice required to be given under this section is governed by 
the following. 
A. 
Notice must be hand-delivered or mailed by certified mail. return receipt 
requested. to the responsible parties. Notice is sufficient if the signed receipt is 
returned or the certified mail is returned as refused by the recipient. 
B. If the address of the responsible parties cannot be determined with reasonable 
diligence. the notice is sufficient if it is published twice consecutively in a daily or 
weekly newspaper having general circulation in the municipality in which the 
property is located. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 430, L.D. 1203 
7. In-state representatives. Mortgagees who have initiated a foreclosure on a 
property shall designate a representative whose place of business is within this State to be 
responsible for responding to municipal inquiries regarding the property. The foreclosing 
mortgagee shall provide the municipality in which the property is located with the contact 
information for the mortgagee's in-state representative. 
For the purposes of this 
subsection, "contact information" means both a mailing address and a direct telephone 
number with a functioning voice mailbox, as well as the responsible party's direct e-mail 
address when available. 
8. Recovery of costs. All responsible parties are jointly and severally liable to a 
municipality for its direct, legal and administrative costs incurred while remedying or 
attempting to remedy the property defects pursuant to this section. The responsible 
parties shall reimburse the municipality for its costs within 30 days after demand, or a 
special tax may be assessed against the property in the amount of those costs and may be 
collected in the same manner as other state, county and municipal taxes are collected. 
9. Appeals. An appeal from a froding of abandonment by the municipal officers 
pursuant to this section is to the Superior Court, pursuant to the provisions of the Maine 
Rules of Civil Procedure, Rule 80B.' 
SUMMARY 
This amendment authorizes municipalities to provide for the care, maintenance and 
security of abandoned properties without adoption of an ordinance as proposed in the bill. 
The amendment retains the provisions of the bill regarding how abandonment is 
determined and allowing municipalities to recover their cost of maintaining abandoned 
properties through the application of a supplemental tax on the property. The amendment 
gives responsible parties 30 days from the date a permit is issued to correct identified 
property defects before the municipality will take corrective action if a permit is 
necessary. The definition of "responsible parties" is limited to record owners, and the 
daily fine against mortgagees and mortgagors for nonmaintenance as proposed in the bill 
has been removed. The amendment also requires lenders to notify municipalities of the 
initiation of a foreclosure proceeding and to provide an in-state representative to respond 
to municipal inquiries. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/26/15 
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LD 1203 
LR 422(02) 
An Act To Address the Detrimental Effects of Abandoned Property 
Fiscal Note for Bill as Amended by Committee Amendment ''A"ts-J&;;6) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LR0422(02) - Fiscal Note - Page 1 of 1