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Mold at the Old Turner Place Case

Prepare Before You Act

To avoid wasting time with extra calls, capture all available information the first time around.

Take down all the relevant information from the complainant. It is important to maintain records for future reference and in case you need the information for legal reasons.  Once the person registering the complaint furnishes the information and you have asked appropriate follow-up questions, make sure you get all necessary contact information. 

In the example we started with, you would ask for the niece’s name and address – and get her telephone number and email if available.  You would tell the uncle you intend to contact the niece and make a site visit. 

  • Stay professional: since complaints may be due to disputes or misunderstandings, don’t take sides or give the appearance of taking sides.
  • Don’t promise anything to anyone.

 

Do your homework – be as prepared as possible when investigating a problem.

The next step is to review the statutes and the LHO manual to see if any Maine statute applies. In this case of mold, you can also contact the resources available to you.  An excellent reference is the US Environmental Protection Agency’s web site http://www.epa.gov/mold/moldresources.html.

  • Look at applicable Maine laws before you go onsite and determine what penalties are in place.
  • Call the Building Inspector (Code Enforcement Officer / “CEO”) to discuss the complaint and your intention to visit the property.
  • Explain you would like the CEO to go with you to the property to provide technical information and also to verify what was stated and seen.
  • Next, try to contact the residence in order to set up an appointment.

 

Title 17, M.R.S.A. §2853, authorizes the municipal officers to order a nuisance abated. If there is no appeal filed, the municipal officers can have the nuisance abated or removed.   The owner may have to repay the municipality or a special tax may be assessed.

 

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