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Local Health Officer Training
Section 5: Solving the Problem
The Final visit
It is clear the owner is unwilling to take corrective action. The municipality council may decide whether it wants to take the matter to District Court. Who is authorized, to represent the town in District Court? Does the town hire an attorney to represent the own in this matter?
Maine law states that if there is an appeal to any order - to abate the mold - or there are excessive delays to any orders given, an authorized municipality official can ask the District Court Judge to require the owner to act, or correct the situation.
In all court cases the principles of "due process" requires the municipality and the court to protect citizens from actions taken by state government, counties, towns, and cities. This means that the parties are to follow and administer the due process standards for fair treatment of citizens. Therefore, do not expect the court to simply agree with the municipality's version of the facts. The court may request that the parties settle the matter through negotiations and ultimately to work out a reasonable solution and agreement to the problem.
Although an attorney is not required to represent the municipality in District Court, Maine Rules of Civil Procedure requires non-attorneys to have completed the Rule 80K Certification program before representing the municipality in District Court. If the code enforcement or local health officers have been trained and certified under the requirements of Rule 80K, either one may represent the municipality in court, without an attorney. Prior to starting an action in District Court, obtain a properly executed document from the selectperson or council, which authorizes you to act on behalf of the municipality, if you are certified under Rule 80K.
In addition, make sure you have the facts, and an understanding of the relevant law. You can review the Dangerous Building and Implied Warranty and Covenant of Habitability laws by using the links under Additional Materials to the right.
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Additional Material
- Title 17 M.R.S.A. §2851 et seq. Dangerous buildings (new window)
- Title 14 M.R.S.A. §6021 Implied warranty and covenant of habitability (landlord tenant issues) (new window)
- Link to Rule 80 K (new window)
- FAQs
- Frequently Asked Questions
