Training Sections

Introduction

• 1. Why and How
• 2. Learner ObjectivesContent

• 3. I Am a New LHO, What Do I Do Now?
• 4. How do I Solve This Problem?
• 5. You Make the Call
• 6. How Do I Enforce the Law?Conclusion

• 7. Course Review and Evaluation

 

Our malfunctioning sewage system (continued)

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.
• If 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, you are authorized, and by being duly trained through the State Planning Office, you are allowed to represent the municipality in Court.

Call for Assistance

Always consult with your peers, State agencies, and organizations such as the Maine Municipal Association to obtain their opinions and suggestions as well as the Office of Public Health or your local district liaison.

The Manual for Local Health Officers contains a number of resources you can contact. It is helpful to determine if a neighboring LHO has gone to court under the authority of Rule 80K. Call your Office of Public Health or your local district liaison for guidance and advice.

 

FMI, Links, References:

• Title 30-A M.R.S.A. §3428. Malfunctioning domestic waste water disposal units; abatement of nuisance http://janus.state.me.us/legis/statutes/30-A/title30-Asec3428.html  
• Title 17 M.R.S.A. §2851 et seq. Dangerous buildings. http://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) http://janus.state.me.us/legis/statutes/14/title14sec6021.html
• Title 30-A M.R.S.A. §4453. Certification for representation in court http://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.

 

 

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