Local Health Officer Training

Section 7 Part II: How Do I Enforce the Law?

Our Malfunctioning Sewage System (continued)

C. Next Steps

The LHO and the LPI return to the City Manager's office and explain what occurred.

• The City Manager indicates he wants the LHO to prepare a letter for the City Manager's signature outlining what occurred between the LPI, the LHO, and the owner.
• The letter is to ask the owner to respond within 5 days as to what course of action he/she chooses to take.
• After that time, the City will be filing a motion in court to abate the malfunction. The City Manager says if the owner refuses to comply, the LHO will represent the City in Court.

As the LHO, if you were duly trained through the State Planning Office, you are authorized allowed to represent the municipality in Court.

D. Call for Assistance

Always consult with your peers, State agencies, and organizations, such as the Maine Municipal Association, as well as the Division of Local Public Health or your Local District Liaison, to obtain their opinions and suggestions.  It may also be helpful to determine if the neighboring LHO has gone to court under the authority of Rule 80K.

For more information - Links, References:

• Title 30-A M.R.S.A.  §3428. Malfunctioning domestic waste water disposal units; abatement of nuisance https://janus.state.me.us/legis/statutes/30-A/title30-Asec3428.html  
• Title 17 M.R.S.A.  §2851 et seq. Dangerous buildings. https://janus.state.me.us/legis/statutes/17/title17sec2851.html
• Title 14 M.R.S.A.  §6021 Implied warranty and covenant of habitability (landlord tenant issues) https://janus.state.me.us/legis/statutes/14/title14sec6021.html
• Title 30-A M.R.S.A.  §4453. Certification for representation in court
  https://janus.state.me.us/legis/statutes/30-A/title30-Asec4453.html

Enforcement of Land Use Violations Using Rule 80k of The Maine Rules of Civil Procedure, State of Maine, State Planning Office, Edited by Durward W. Parkinson, Esquire, January 2006.

 

Back   Next