AUGUSTA — City councilors expressed support for the concept of a proposed new Property Maintenance Ordinance that would require building and land owners to prevent their properties from falling into disrepair or becoming overgrown with weeds, but they suggested the proposal goes too far.

The draft ordinance recommended by a council subcommittee would institute sweeping regulations requiring the owners of buildings and land in the city to maintain their property in a clean, safe and sanitary manner. It also would require building occupants, including apartment tenants, to maintain the units and areas they occupy and control to those same standards.

The ordinance was written in large part in response to residents’ complaints over the last couple of years about neighboring properties being allowed to deteriorate or accumulate trash and other debris, with little recourse available to the complainants or the city.

Councilors favored such an ordinance but expressed concern about the proposal, which as written would make it a violation to have a house with peeling paint, an inoperable car kept outside, weeds taller than 10 inches, or windows that are meant to open but no longer do so.

“Say I can’t afford to paint my house. What do you do to me?” said At-Large Councilor Jeffrey Bilodeau, adding he would vote against the ordinance as proposed but would be willing to provide input that could make it something he could live with.

“Some of it is more than I’m willing to go,” he said.

Matt Nazar, the city’s development director, told Bilodeau that he first would get a letter from the city’s code enforcement office telling him he needed to paint his house. He said eventually, if he doesn’t or can’t do so, it could result in the city taking him to court.

Ward 4 Councilor Anna Blodgett, chairwoman of the council subcommittee that drafted the document, said it is a first draft and can be altered. She said it’s meant to address the worst properties in the city, not make everyone prevent their homes from having any peeling paint.

“It doesn’t cost any money to be neat,” she said.

Ward 1 Councilor Linda Conti said the city staff could use discretion in enforcing the ordinance and not crack down on every violation in the city. She said the ordinance would give the city the tools to go after the worst offenders.

However, City Manager William Bridgeo warned that leaving enforcement to the discretion of staff would put city staff in a difficult position because neither city councilors nor the public would always agree on what constitutes an egregious violation and what should be overlooked.

Nazar said one significant change in the proposal, compared to existing city and state rules, would be affect inoperable and unlicensed motor vehicles.

The new ordinance would not allow any inoperable or unlicensed motor vehicles to be kept on property in the city, other than vehicles undergoing work in an approved structure.

“That is a significant change from our current code of ordinances, which allows one unregistered vehicle; and state law, which allows no more than two before you’re considered to be a junkyard,” Nazar said.

Three residents expressed concerns about the proposed ordinance.

Rob Jordan said the proposal seems to chip away at personal property rights.

“I pay my taxes. I pay my mortgage. The city doesn’t pay those, so why are you able to come in and say how long my grass is, tell me when I have to replace my roof, or how many vehicles I can have or not have?” he said. “I didn’t join a housing association for a reason. I do my best to keep my property up, but you put more regulations on top of us, it’s just one more layer we have to go through. It chips away at it. The grand scheme of things is I’d like to be left alone in my house.”

He said he agreed the city should be able to go after the owners of properties that are unsafe, have rodent or insect infestations, or are abandoned and derelict.

Jarody, who has only one name, said many Mainers have what he described as “backup cars,” which they use for parts to keep their main cars on the road affordably. He also said he was worried the rules would make it hard for someone strapped for cash even if they’re doing the best they can to maintain their home.

And Trish Callahan expressed concern that complying with all the standards in the proposed ordinance could be too much for some people with mental illnesses. She also warned raising standards too high for apartment buildings would increase rents in the city, making it hard for poor people to find affordable places to live.

Councilors, after some debate, agreed to suspend their discussion of the issue until a future meeting.

The 15-page draft ordinance includes the following provisions:

• Sanitation: “Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition.”

• Weeds: “Premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.”

• Defacement of property: “No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.”

• Protective treatment: “Exterior surfaces including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.”

• Openable windows: “Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware.”

The proposed Property Maintenance Ordinance is posted on the city’s website.

The ordinance proposal comes following passage earlier this year of an ordinance creating a vacant and abandoned properties ordinance that requires the owners of vacant buildings to register with the city and provide their contact information so they can be reached if there are problems with their property.

Ward 2 Councilor Darek Grant, who led the effort to pass the vacant and abandoned properties ordinance, said when it was approved that it could be paired with a property maintenance ordinance to allow the city to prevent buildings from being allowed to deteriorate.

Keith Edwards — 621-5647

kedwards@centralmaine.com

Twitter: @kedwardskj