Chapters in this title
Code Adoption
§ 1.01.010 — Adoption [City of AI, ME]
Pursuant to the home-rule authority of the Charter of the City of AI and Title 30-A of the Maine Revised Statutes, there is hereby adopted the "Code of Ordinances of the City of AI", together with those secondary codes adopted by reference as authorized by the Maine Legislature, except those portions of the secondary codes deleted or modified by the provisions of this code. (Ord. 1801, 1978; Ord. 3216, 2009)
§ 1.01.020 — Title—Citation—Reference [City of AI, ME]
This code shall be known as the "Code of Ordinances of the City of AI" and may be cited as the "City of AI Code". Any addition, amendment, or repeal of any provision shall be construed as an addition to, amendment of, or repeal of this code.
§ 1.01.030 — Codification authority [City of AI, ME]
This code consists of the regulatory, penal, and certain administrative ordinances of the City of AI, Maine, codified by the City Clerk under direction of the City Council.
§ 1.01.040 — Ordinances passed prior to adoption of the code [City of AI, ME]
The last ordinance incorporated as the original code was Ordinance 1795, adopted October 4, 1977. Ordinances 1797, 1798, 1799, and 1800, adopted after that date but before the original code, are included by reference.
§ 1.01.050 — Reference applies to all amendments [City of AI, ME]
Whenever this code or any portion is referenced, the reference applies to all amendments, corrections, and additions made before, at, or after the reference.
§ 1.01.060 — Title, chapter and section headings [City of AI, ME]
Title, chapter, and section headings shall not be deemed to govern, limit, modify, or affect the scope, meaning, or intent of any provision.
§ 1.01.070 — Reference to specific ordinances [City of AI, ME]
References in this code to specific prior ordinances by number shall be construed to apply to the corresponding provisions of this code.
§ 1.01.080 — Repeal of prior adopting ordinance [City of AI, ME]
Ordinance No. 1640, adopted June 8, 1976, is repealed. Prior code sections 1-1 through 1-6 are repealed.
§ 1.01.090 — Effect of code on past actions [City of AI, ME]
Adoption of this code does not affect prosecutions, licenses, fees, penalties, or bonds in effect on its operative date.
§ 1.01.100 — Constitutionality [City of AI, ME]
If any provision of this code is held invalid, the remaining provisions remain in full force. The Council declares that it would have passed this code without any provision held invalid.
§ 1.01.110 — Effective date [City of AI, ME]
This code took effect on the date the ordinance adopting it became effective, March 12, 1978.
General Provisions
§ 1.04.010 — Rules of construction [City of AI, ME]
In construing this code and other ordinances of the city, the rules of this chapter shall be observed unless inconsistent with the manifest intent of the City Council.
§ 1.04.020 — Definitions [City of AI, ME]
As used in this code: "City" or "this city" means the City of AI, Maine. "Code" or "this code" means the Code of Ordinances of the City of AI. "Council" means the City Council of the City of AI. "County" means AI County, Maine. "State" means the State of Maine. "Day", "Daytime", and "Nighttime" have their ordinary meanings; "Month" means a calendar month; "Year" means a calendar year. Official time means Eastern Standard Time or Eastern Daylight Time as in use in the city. "Shall" and "must" are mandatory; "may" is permissive.
§ 1.04.030 — Prohibited acts include causing, permitting [City of AI, ME]
Where this code makes any act or omission unlawful, the prohibition extends to causing, allowing, permitting, aiding, abetting, suffering, or concealing the act or omission.
§ 1.04.040 — Grammatical interpretation [City of AI, ME]
Designations of gender include all genders. The singular includes the plural. Words used in the present tense include the past and future tenses unless manifestly inapplicable.
§ 1.04.050 — Limitation on liability [City of AI, ME]
Ordinances imposing obligations on city officers or employees shall not be construed as creating a mandatory duty for tort liability under 14 M.R.S. § 8104-A unless expressly so stated.
City Records
§ 1.06.010 — Authorization for preservation of city records [City of AI, ME]
The City Clerk shall preserve, classify, and maintain city records according to a records retention schedule adopted by Council resolution and consistent with the Maine State Archives' Local Government Records Retention Schedule.
§ 1.06.020 — Access to public records [City of AI, ME]
Access to public records of the City of AI is governed by the Maine Freedom of Access Act (1 M.R.S. § 401 et seq.) and administered through the Department of Public Records and Data.
Ordinances
§ 1.08.010 — Preparation [City of AI, ME]
Every proposed ordinance shall be prepared in writing and submitted to the City Clerk in legislative format showing additions and deletions.
§ 1.08.020 — Introduction for passage [City of AI, ME]
Ordinances are introduced at a regular meeting, receive a first reading, are referred to committee, and require two readings at separate meetings before adoption, unless an emergency ordinance is adopted under § 1.08.030.
§ 1.08.030 — Emergency ordinances [City of AI, ME]
An emergency ordinance may be adopted in a single reading by affirmative vote of two-thirds of the full Council upon written findings of imminent threat to public health, safety, or welfare. Emergency ordinances expire 90 days after adoption unless re-adopted.
Claims Against the City
§ 1.10.010 — Authority [City of AI, ME]
Claims for money damages against the City of AI are governed by the Maine Tort Claims Act (14 M.R.S. § 8101 et seq.) and this chapter.
§ 1.10.020 — Claims required; form [City of AI, ME]
No suit for money damages may be brought against the city unless written notice of claim, on a form available from the City Clerk, has been delivered to the Clerk within 180 days of the event giving rise to the claim.
§ 1.10.030 — Form of claim [City of AI, ME]
A notice of claim must include the claimant's name and address, date and place of the incident, factual basis of the claim, and the amount of money or other relief demanded.
§ 1.10.040 — Claim prerequisite to suit [City of AI, ME]
Filing a timely notice of claim is a condition precedent to suit. The city has 120 days to investigate before suit may be filed.
Right of Entry for Inspection
§ 1.12.010 — Designated officers; warrant required [City of AI, ME]
Designated city inspectors may enter any premises at reasonable hours to perform inspections authorized by this code. If consent is refused, the inspector shall obtain an administrative search warrant from the Maine District Court for AI County before entering, except in case of an immediate threat to public safety.
Administrative Citation Procedures
§ 1.14.010 — Purpose [City of AI, ME]
This chapter provides civil administrative penalties as an alternative to criminal prosecution for violations of this code, in furtherance of voluntary compliance.
§ 1.14.020 — Definitions [City of AI, ME]
"Hearing officer" means a neutral person designated by the City Manager to hear citation appeals. "Responsible party" includes the property owner, occupant, or person committing the violation.
§ 1.14.030 — Authority to enforce [City of AI, ME]
City enforcement officers, including code, parking, animal control, and inspections personnel, are authorized to issue administrative citations under this chapter.
§ 1.14.040 — Notice of violation [City of AI, ME]
Before issuing a citation for a non-emergency violation, the officer shall issue a written notice of violation specifying the violation, corrective action, and time to comply (not less than 10 days unless health or safety requires sooner).
§ 1.14.050 — Administrative citation [City of AI, ME]
A citation shall identify the cited section, the date and location of the violation, the amount of fine, and instructions to pay or request a hearing within 21 days.
§ 1.14.060 — Service of an administrative citation [City of AI, ME]
A citation is served by personal delivery, by certified mail to the last known address, or by leaving with a competent person at the place of business of the responsible party.
§ 1.14.070 — Amount of fines [City of AI, ME]
Unless otherwise specified in this code, the schedule of administrative fines is: $100 for a first violation; $250 for a second violation within 12 months; $500 for a third or subsequent violation within 12 months.
§ 1.14.080 — Payment of fine [City of AI, ME]
Fines are paid through the Customer Service Bureau online, by phone, by mail, or in person.
§ 1.14.090 — Deferral of fine deposit [City of AI, ME]
An indigent responsible party may request a fine-deposit deferral on a form available from the Court Clerk; deferred fines remain due if the hearing is unsuccessful.
§ 1.14.100 — Request for administrative hearing [City of AI, ME]
A responsible party may request a hearing within 21 days of citation. Hearings are conducted by the Municipal Court under /departments/court.
§ 1.14.110 — Hearing procedure [City of AI, ME]
Hearings are informal; the rules of evidence do not strictly apply. Parties may appear in person, by counsel, or virtually. The hearing officer's decision is in writing and includes findings.
§ 1.14.120 — Hearing officer's decision [City of AI, ME]
The hearing officer may uphold, modify, or dismiss the citation. The decision is served within 30 days.
§ 1.14.130 — Recovery of administrative fines and costs [City of AI, ME]
Unpaid fines may be collected as a civil debt and may attach as a lien on real property under § 1.16.130.
§ 1.14.140 — Remedy not exclusive [City of AI, ME]
Administrative citation is in addition to, not in lieu of, any other remedy available to the city.
§ 1.14.150 — Right to judicial review [City of AI, ME]
Final decisions are reviewable in the Maine District Court for AI County in accordance with M.R. Civ. P. 80B within 30 days.
Nuisance
§ 1.16.010 — Terms defined [City of AI, ME]
"Nuisance" includes any condition declared by this chapter or by other law to be a nuisance, and any use, condition, or activity injurious to public health, safety, or welfare.
§ 1.16.020 — Purpose—Nuisance defined [City of AI, ME]
The City Council finds that the abatement of nuisance is essential to preserve the public health, safety, and welfare of the City of AI, Maine.
§ 1.16.025 — Nuisance defined—Microenterprise home kitchen operations [City of AI, ME]
Microenterprise home-kitchen operations operating outside Maine state licensing requirements are declared a nuisance.
§ 1.16.030 — Authority to declare nuisance [City of AI, ME]
The City Manager, the Director of Permit Central, or any peace officer may declare a nuisance.
§ 1.16.040 — Authority to abate [City of AI, ME]
The city may, after notice and hearing, abate a nuisance by any lawful means and assess costs to the owner.
§ 1.16.050 — Special standards and exceptions [City of AI, ME]
Lawful agricultural operations conducted on land in active agricultural use, as defined by 7 M.R.S. § 152, shall not be deemed a nuisance solely because of changed conditions in the surrounding area.
§ 1.16.060 — Recordation of abatement notices [City of AI, ME]
Abatement notices and instruments shall be recorded in the AI County Registry of Deeds at the city's expense, recoverable from the owner.
§ 1.16.090 — Hearing by city council [City of AI, ME]
An owner may appeal an abatement order to the City Council within 14 days of service.
§ 1.16.130 — Lien and personal obligation [City of AI, ME]
Unrecovered abatement costs become a lien on the real property and a personal obligation of the owner, collectible like other municipal taxes.
§ 1.16.200 — Violations—Penalty [City of AI, ME]
Maintaining a nuisance after notice to abate is punishable by administrative fine under Chapter 1.14 and remains a continuing violation for each day.
Municipal Elections
§ 1.18.010 — Election of Council Members [City of AI, ME]
City Council members are elected to four-year staggered terms by the registered voters of each council district. Elections are conducted by AI County.
§ 1.18.020 — Map of Council Districts [City of AI, ME]
The map of the nine council districts is on file with the City Clerk and posted on the Elections page.
§ 1.18.030 — City Council elections [City of AI, ME]
Council districts 1, 3, 5, 7, and 9 are elected in years ending in even numbers; districts 2, 4, 6, and 8 are elected two years later.
§ 1.18.040 — Vote-by-mail [City of AI, ME]
Vote-by-mail is administered by AI County under Title 21-A of the Maine Revised Statutes. Drop boxes in the City of AI are located at Civic Hall, the Hopper Library, the Granite Ridge Branch Library, and the Foundry Common Rec Center.
Official Notices
§ 1.20.010 — Methods of service [City of AI, ME]
Unless otherwise specified, notice required by this code may be served by personal delivery, by certified mail, by email to an address on file, or by posting in a conspicuous place on the property.
§ 1.20.020 — Proof of service [City of AI, ME]
Proof of service may be by declaration under penalty of perjury, by return receipt, or by certificate of posting.
§ 1.20.030 — Shortening time for notice of public hearing [City of AI, ME]
The Council may shorten time for notice of a public hearing in case of emergency, by majority vote stating the reason on the record.
General Penalty
§ 1.24.010 — Designated violations—Misdemeanors and infractions [City of AI, ME]
Violations of this code are civil infractions punishable by administrative fine under Chapter 1.14 unless a specific provision designates the violation a misdemeanor enforceable in the Maine District Court for AI County.
§ 1.24.020 — Civil penalties—Procedures [City of AI, ME]
Civil penalties are computed and recovered in accordance with Chapter 1.14.
§ 1.24.030 — Sworn statements [City of AI, ME]
Sworn statements required by this code may be made under penalty of perjury pursuant to 17-A M.R.S. § 451.
Arrest Procedure
§ 1.28.010 — Applicability [City of AI, ME]
Arrest procedures for offenses arising under this code are governed by Maine state law, including Title 17-A and the Maine Rules of Unified Criminal Procedure.
Judicial Review Procedure
§ 1.32.010 — Purpose [City of AI, ME]
This chapter establishes uniform procedures for judicial review of final decisions of city agencies.
§ 1.32.020 — Definitions [City of AI, ME]
"Final decision" means a written decision by a city agency or hearing officer concluding administrative proceedings.
§ 1.32.030 — Judicial review [City of AI, ME]
Review of final decisions is conducted by the Maine District Court for AI County in accordance with M.R. Civ. P. 80B.
§ 1.32.040 — Time limits [City of AI, ME]
A petition for review must be filed within 30 days of service of the final decision.
§ 1.32.050 — Record of proceedings [City of AI, ME]
The reviewing city agency shall prepare and file the administrative record within 60 days of notice of the petition.
Administrative Hearings
§ 1.36.010 — Purpose [City of AI, ME]
This chapter sets uniform procedures for administrative hearings conducted by city agencies.
§ 1.36.020 — Hearing—Appeal [City of AI, ME]
Hearings under this chapter may be initiated by appeal of an administrative decision.
§ 1.36.060 — Presenting officer [City of AI, ME]
The presenting officer shall present the city's evidence and may be a department director or designee.
§ 1.36.130 — Evidence [City of AI, ME]
The hearing officer may admit and give probative effect to evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
§ 1.36.150 — Determination [City of AI, ME]
The hearing officer shall issue a written determination, supported by findings, within 30 days of the close of the hearing.