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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 6-118

Citation
§ 6-118
Parent Document
Sung Ying Chiu v. City of Portland, 2002 ME 8 (2002)
Jurisdiction
Maine (state)
Effective Date
2002-01-17

Other Sections in This Document (70)

Full Text

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[¶ 23] Chiu contends that the Notice Letter, by stating that a reinspection would occur within thirty days and that legal action would be pursued if the building did not comply with the Code upon reinspection, effectively ended any discretion that the inspectors may have had. We disagree. Even if a reinspection had occurred within the period established in the letter, the sanctions to be imposed on the Keasts would have had to be determined by the inspector. The inspector would have had the option of not imposing an immediate sanction, and of establishing a later deadline for compliance. The number of times that the inspector might extend the deadline is not limited by the Code and, in theory, sanctions might never be imposed.