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Local Health Officer Training
Section 4: Appointments and Duties
Examples of Likely Complaints
In Title 22 M.R.S.A. §454 A (H) - especially subsections 1-5, are public health safety laws you are required to enforce. The wide range of complaints you receive will require solutions ranging from informal to challenging. At the easy or informal level is an ordinance giving the municipality the authority to fix the problem then place a formal lien on the property. On the challenging or difficult level is an uncompromising property owner who will not act on (fix) a problem. In a situation such as this, your last resort is for the town to file a claim/complaint in court against the owner. Going to court is the least desirable action to resolve a problem, simply because this process requires the use of a town's resources, which includes money and time. On other occasions, you may come across a problem that may have no legal solution. The following are other examples of complaints an LHO may be asked to address:
- Protect occupants in a "dangerous building:" This is covered in Title 17 M.R.S.A. §2851 - Dangerous buildings. The statute authorizes the town to obtain a court order to require either abatement or demolition of the property.
- Public health threat: Inspect and examine any place or premises where filth or a public health threat may exist. This is covered under Title 22 M.R.S.A. §461 - Notice to owner to clean premises; expenses on refusal. The law authorizes the LHO to have the premises cleaned at the expense of the owner, or may close the premises. https://janus.state.me.us/legis/statutes/22/title22sec461.html
- Removal of filth on property: This is covered by Title 22 M.R.S.A. §1561 - Removal of private nuisance. This law authorizes the LHO, at the expense of the owner or occupant, to remove or discontinue the nuisance. If the owner or occupant or the person who caused it delays correction, that person is assessed $300, in addition to having to repay the municipality for all expenses for the removal or discontinuance of the nuisance.
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