An Act To Address the Detrimental Effects of Abandoned Property
Maine Legislature, Session 127, LD 1203
Committee: Judiciary
Sponsors: LIBBY, LAJOIE, DUTREMBLE, KATZ, BROOKS, CHIPMAN, GOLDEN, MELARAGNO, ROTUNDO, STANLEY
Amends: 30-A MRSA §3106-A

Legislative Document 
No. 1203 
S.P. 430 
In Senate, April 2, 2015 
An Act To Address the Detrimental Effects of Abandoned Property 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator LIBBY of Androscoggin. 
Cosponsored by Representative LAJOIE of Lewiston and 
Senators: DUTREMBLE of York, KATZ of Kennebec, Representatives: BROOKS of 
Lewiston, CHIPMAN of Portland, GOLDEN of Lewiston, MELARAGNO of Auburn, 
ROTUNDO of Lewiston, STANLEY of Medway. 
Be it enacted by the People of the State of Maine as follows: 
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" includes the owner of record and each record holder of any 
mortgage on the real estate of an abandoned property. 
2.  Municipal authority.  In accordance with this section, the municipal officers may 
regulate the care, maintenance and security of property determined to be abandoned 
under subsection 5.  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.  Adoption by ordinance.  The procedures and standards governing the 
implementation of a municipality's authority to manage certain abandoned properties 
pursuant to this section must be established by municipal ordinance. 
A.  The ordinance may require responsible parties to assume maintenance 
responsibilities for abandoned properties. 
B.  The ordinance may provide that the municipal officers or their designee may take 
action to remedy property defects at an abandoned property if the responsible parties 
fail to address the property defects after notice and an opportunity to comply and that 
the municipality may recover its costs from the responsible parties. 
4.  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.  This notification and designation requirement applies regardless of whether the 
municipality has adopted an ordinance pursuant to this section. 
5.  Determination of abandonment.  Before a municipality may act under an 
ordinance adopted 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. 
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 finding of abandonment, the 
municipality may require the responsible parties to correct any property defects 
within 30 days of issuing a notice to correct. 
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 6. 
6.  Notice to correct.  If the municipal officers or their designee determines that the 
responsible parties have violated an ordinance adopted pursuant to this section by failing 
to remedy property defects at an abandoned property, the municipal officers or their 
designee may give written notice to the responsible parties to correct the 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.  State those measures that 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. 
7.  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. 
8.  In-state representatives.  A responsible party that has been served with notice to 
correct pursuant to subsection 6 shall designate a representative whose place of business 
is within this State to be responsible for addressing property defects at the property.  The 
responsible party shall provide the municipality where the property is located with the 
contact information for the responsible party's in-state representative.  Failure to provide 
the municipality with the contact information of an in-state representative within 14 days 
of receipt of a notice to correct creates a rebuttable presumption that the responsible party 
does not intend to address property defects.  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. 
9.  Fine.  Not less than 30 days following receipt or publication of the municipal 
notice to correct pursuant to subsection 7, the municipality is authorized to assess a fine 
of $2,000 for each day the responsible parties have failed to remedy the property defects 
identified in the notice to correct. 
10.  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 an ordinance adopted in accordance with 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. 
11.  Appeals.  An appeal from a finding 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 bill authorizes municipalities, through the adoption of an appropriate ordinance, 
to provide for the care, maintenance and security of abandoned properties.