SANFORD — Smelly enterprises will have to clean up their acts or face the consequences – up to and including revocation of their business licenses.
On Tuesday, the City Council gave unanimous approval to a new odor management ordinance that is complaint-driven and aimed at smells that emanate beyond property lines.
A public hearing continued from a previous council meeting drew no comment Tuesday, and the ordinance passed with little discussion.
At the first public hearing on the matter, held in July, a licensed medical marijuana grower suggested that the city purchase technology that would measure parts per billion on odors emanating from the growth of medical marijuana.
But the council pointed out that the ordinance applies to all smells, and will use the “nose test” as the determining factor.
“Either it stinks or it doesn’t,” said City Manager Steve Buck Tuesday.
The city looked to other communities as it developed the ordinance, including the city of Rockland, a fish town for many years.
“We heard from some folks last time about technology versus nose power,” said Mayor Tom Cote. He said the ordinance can be changed if the method adopted Tuesday doesn’t work.
The city will establish a panel consisting of code enforcement staff and four residents appointed by the mayor to investigate complaints and determine if the odor at the property line or at or near where people live or work is objectionable.
If it is, a series of steps follows:
• Within a week of receiving a complaint, the codes office assesses the situation and speaks with the business operator. If odor management provisions aren’t being followed, a warning is issued to comply within 10 days.
• If complaints persist, the panel is assembled to investigate the complaint, and the owner is given another 10- day notice.
• If the order is ignored, the owner may be fined and required to submit a written report from a mechanical engineer on how to remedy the situation within 45 days, with a 60-day window to comply.
• Ultimately, after several steps, if the operator has not complied within 90 days, the city council may revoke the business license.
— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or twells@journaltribune.com.
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