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HomeMy WebLinkAbout1996-12-23 97-59 ORDINANCEDate: X1997 ItemNo.47_59 Itemftmbjece Amending the Laws and Ordinances ofthe City of Bangor consistent with the adoption of the Boats of Appeals. Responsible Department Commentary: These proposed amendments will implement the new Board of Appeals by amending the various Ordinances to refer all appeals to the new Board of Appeals. Department Head Managefs Comment:—Tk, w�a' a kdwesAeap.u� rnyya�,t fryaryyy �penQ� �"&L 6a f WAAF1 3Y Avv;TI TU "Pont. MALA o po Ap,ee " City Manager Finance Director City Solicitor In duced For passage First Readivg Referral 97-59 Assigned to for 6VHA)sb� �pp CITY OF BANGOR VV (TITLE) TihinRl=,AmendingtheLwsudDfdinancesnflheChyofBwm.ro isknlwiW...._ the adoption of the Board of Appeals. Ball oretm r by W cow Connell of Cly of Deeper. as low". THAT the Code ofBthics- Chapter I, Article 6, Section 2. 1, be amended as follows: 2.1 Board: All statutory and von -statutory boards now existing or hereafter created under the City Charter or by virtue of any ordinance, order or resolve adopted by the Bangor City Council, including without limitation the following: Boneir Corponatiun Board ofD rectors Bangor Recreation District Board of Diretors Board of Anneals Board ofAsseaanent Review Board of Ethics Hersey Fund Board of Trustees Planning Board Sophia KiMwa Loan Fwd Board of Trustees Superintending School Committee THAT the Schedule of Fees -Chapter 11, Article 37, Section 2 (XII), be amended ar follows: Appeal Boards: i-- ening Board of Appeals ......................$74.00 Advertising ...................$37.00 Total .......................$105.00 .................... (Board) 9)-59 (As Amended) THAT the Speclsl Amusement Permit for Music, Dancing, or Entertainment Ordinance- Chapter IV, Article 11, Section 10, be amended as follows: Section 10 Appeal Procedures. Alicensee whose request for a special amusement or revoked or suspended, may within fifty (30) days of such action, appeal the decision to the Bening Board of Appeals ag established by Cbanter 11 Ankle 38 mdm ofthe Ordinances ofthe City ofBavgor. Fee go mired by Ole provisrenta af;o A 2694, esteerE diet a qualdRI shall . The BoardofAppealsmaygramor reinsmte tbe permit oWy if it finds that the denials, imposition ofreshictions, or revocation or suspension was arbitrary or capricious. THAT the Official Map Ordinance -Chapter V1, Article 2A, Section 8, be amended as follows: Sec. 8 Administrative Relief Any person or applicant aggrieved by the denial of building permit pursuant to Section 6 may appeal or the Zoning Board of Appeals within 30 days thereof for either a variance or an administrative appeal as provided by the terms of Chapter Y IL Article N_A provided, however, that by such action the Board shall preserve the integrity of the Official Map and restrict the stype of the administrative reliefto that winch will, as little as practically possible, increase the cast of acquisition of such right-of-way or Irnd to cause a change in the Official Map, by imposing reasonable requirements and conditions. THAT the Sign Ordinance - Chapter VI, Article 3, Section 7.1, beamended As follows: Sec.'/ Appeals, Exceptions, and Variances. ].l Administrative Appeals. Tbc Zo one Board of Appeals shall hear and decide matters where written appeal alleges an error in any interpretation, order, requirement, decision or de[emunation of the Code Enforcement Officer, in the emorcement of Us Article. Tire action -a€flee C -ode Enfe immerse Off em mea be modified or i e o es sed b) die B am d only b) a 7.2 Variances. The Zoning Board of Appeals. ac established by the Laws and Ordinances of she City ofRa chapter 11Article 38 shall decide upon written requests for variances from the toms of this Article. Variances shall be limited to variations in the dimensions and placement of signs. 9]-59 (A8 Ame9ded) 9]-59 (As Amended) THAT the Historic Presenamo t Ordinance- Chapter VII, Article 4, Section 10.6, be amended as follows: 10.6 Appeals An appeal from my fined decisions of the Commission may be taken by ..,., bj MIithaYNtpi on pmeessing s tttbeestab�Y!dfion[ Whow ba tho GOF is Pie en sit. The Appeal procedure shall egan ise confirm to the procedureset forth in Chapter � 11 Article � 38, , Sectiep 2. The decision of thG&I"nessaak 21M be le es sed b) die Aeand of Appeals b5 eeneurring OW opmleast fiam (;) namnbers of Rho Bmed THAT the National Electric Code - Chapter VII, Article 9, Section 6. 1, be amended as follows: 64 Appeals. A. An appeal may be taken from any order, decision or other action of the Uepanmem bo tbeBuildMy Board of Appeals (herenmHereelled-the "Bear&) sy established by Chapter Bf IL Seetion 124Amole39 ofthe Laws and Ordinances of the City of Bangor. AteappceFmust%e-filed-ia 4 9]-59 (As Amended) The Board may interpret (his Code and thereby affirm or modify such order; or may grant exceptions therefrom when practical difficulties or unnecessary hardships exist, and it is clearly evident that reasonable safety would thereby be secured. The actions of Me Board shall be governed by the provisions of Chapter IX A, Section 124, el se Allicl€38 Failureof the Board to issue a written. notice ofits decision wiNm thirty (30) days after the hearing of the appeal constitutes a denial of said appeal. THAT the National Electric Code - Chapter VII, Article 9, Section 6.2, be deleted: THAT the Life Safety Code - Chapter VB, Article 10, Section 3.1, be amended as follows: 3.1 Appeals. A, An appeal may be such firm any order, decision or other action of the Fire Chief, Fire Prevemion Bureau Chief, Code Enforcement Officer or their spoons) to the Building Board of Appeals (herein after referred to as the "Boma") tetablishedby Chapter#11 Section-L^I:B�et-meq Article3 of Ne kwa Laws and Chinlia s ofthe City of Bangor. Theanfon andumcedur softhe Board as spareable,shall nff ned by the cle31f of sfChapter IT tM1e rawa and OMinanceenftAe City nfRanenrn AlFappeet�fFbe{AMin f . The Cade Enforcement Officer shall submit a wpyof�ppes, to the Fire Prevention Bureen Chief. B, The Board may only reverse the order, decision or other action being appealed from if the appellant shows Na it can clearly meet the provisions of Sections I- 4 (Application) and I-5 (Equivalency Concepts) of the Code wiM regard to any alleged violation. mid entice a e8 at tile Gft� BE Bangon C. failure of Me Board to Issue a written notice of its decision within thirry(30) 9J-59 (As Amended) days ofthe filing ofthe appeal, constitutes a denial ofsaid appeal, unless the appellant agrees in writing to an extension of Ne Hoard's decision time. THAT the Land Development Code - Chapter Vlll, Article 2, Section 10, As follows: r�i�r!i'wwire-ww'fewiwii ..N. 'iiti!?�!IYfiYfT,lidWifYli�l3Miti�Yifl�dFi5AFYA1(Ailli�lil 9J-59 (Aa Amended) W Administrative Appeals. Admmimdos iv en a To ` .o deettle-ohereitisallege there is an error in anY order, ie9airement, decision or determination made by the Code Enforcement Officer in the enforceme rt of this Ordinance shall be made to the Board ofApcenls. as established by Ankle 2. Section 38. The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals, by concurring vote of at least four (4) members of me Board. lj Variance Appeals.... (3) Disability Variances.... i i rrw�lx+rrr)!a�f��!w: YYtlff li4t��ilkliWlifMtY'tii�iYitiMliX#IN�ilwli' ...IIfNiSliflAMi"4Y�SIIYIYYlEIMiiiiYllih�ilil7iii�IiY�YYFi" _'. '...f311�WYMi�114Alii�liWl�'tif�WlfYlAYllf1 9]-59 (As Amended) iYfYYI�'MYIW.MYYMMY!Nff..iCi.Yf.IIYYlI1N ' IYiYYYIpitMillMili'illilYft�i7iAflilWifYFAiiMflfYY YYYi fIiYIJhYYY ................... . WYNY W . YX'YA i 101"'MitiYNliYiil7iY17 . THAT the Building Code - Chapter IX, Secfion 2 (8), be amended as follows: (8) Section 121.1 is delatad and replaced with the following: 121.1 Applica ionfrr Appeal The owner ofa building or structure or any other person may appeal to the" "Boazd of Appeals", as establisbed by Chapter H. Article 3L from a decision of the code official refusing to grant a modification to the provisions of this code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or stroctum. Saelk appeal sholi be emnnueneed b5 filing . ith the Chief Code 9)-59 (AS Amended) THAT da, Building Code -Chapter CC Section 2 (9), be amended as follows: (9) Section 122.2 is deleted in Its entirety. THAT fie Building Code - Chapter IX, Section 2 (10), be amended as follows: (10) Secdon 122.2.1 is deleted'n'ts entirety THAT the Building Code- Chapter IX, Section 2 (11), be amended as follows: (11) Section 1213 is deleted in its entirety_ THAT the Building Cade- Chapter IX, Section 2 (13), be amended as follows: (13) Section 121.7 is deleted in its entirem_ Wal ePiaeed A ith'» 9J-59 (As Amended) THAT the Property Maintenance Code - Chapter X, Section 2 (6), be amended as follows: (6) Sections PM -t 11 A, PM -11 L2, PM -11 L2.1, PM -111.2.2, PM -1 11.2.3, PM - 111.2.4, PM -111.2.5, PM -111.2.6 and PM -111.3 are deleted and replaced with the following: - PM -111.1 Appeals: (a)W Any person affected by any notice which has been issued in connection with the enforcement ofany provision of Us code may request and shall be granted ahearing on the matter before the "Beegee Board ofAppeals,' established under Chapter IX 11, Sweden -2(1-1) Article 38, of the Laws and Ordinance of fie City of Bangor. All procedures,fees, and rearricunents for appeals and hearings before the Board shall be governed b the he provisions of andei On Gio B ail sing CedC Chapter EXIT A�grb' 1 38 apply ad appeals order fine Ordiname, die Property Ed (B) The Board's Decision may only reverse or modify the Code Enforcement Officers decision upon a Ending that with respect to the activity in question this code has been incorrectly interpreted; that the provisions of has code do not fully apply to the contemplated activity; or that the type or farm of construction is Ne equivalent to first required by this code. (C) An appeal filed in accordance with the provisions of this ordinance, or any a F 9 a other City ordinance, shall not be deemed to stay or suspend operation of any placard notice, order to quit, or offer order or action issued by Ne city's Code Enforcement Officer. THAT the Floodplain Management Ordinance- Chapter XIII, Article M, 5A, be amended as follows: A. "Board of Appeals" - means the Banger-Zome Board of Appeals. THAT the Bangor Center Revitalization Area Ordinance - Chapter XIV, Article 5, Section 1, be amended as follows: Sec. 1 Appeals Board Designation. All appeals concerning any decision, order, role, or 9]-59 (As Amended) failure to act under the provisions of this Cormance shall be heard and decided by the "Banger Board of Appeals"(as established ander Chapter l nn Article of the Laws and Ordinances of the City of Bangor) in accordance wird the provisions wnnmred herein. The word "Board" when need in this Ordinance shall be construed m mean the Borger Board of Appeals. THAT the Bangor Center Revitalization Area Ordinance - Chapter XIV, Article 5, Section 3, be amended as follows: Set.3 Appeals Procedure. Peaeessing Fee in seals anamna as noo be established fi om tone to time by -the offleis. stall ant "Peal most be mid the teetuteei flaa deeisan as he "Pealesi. All appeal appliestaums Atall specified!) Set town the gt winds , hieh fount die basis of the "peals A. The Code Enforcement Officer shall immediately refer the appeal together with all materials relative therein to the Chairperson of me Board for consideration by said Board, as provided herem. Before taking my action on the appeal, the Board of Appeals shall hold a public hearing on the macer. The Board shall notify, by O.S. Mail, the owners of abating property and/or owners of properties within 100 feet of the exterior boundaries of the property in question at least seven ('n days in advance of the hearing. The owners of property shall be considered to be those against whom taxes are assessed. Failure of my owner to receive notice shall not necessitate mother hearing or invalidate my when by the Board. In addition, public notice of said hearing shell be given in accordance with Chapter I, Article 8 of the Laws and Ordinances of the City of Burger. B. The Board shall hold a public hearing on the appeal within thirty (30) days from the date of referral by the Code Enforcement Officer and shall rendar a decision on the appeal within twenty (20) days of me public hearing. Said decision shall be in writing and shall include a statement of finding and conclusions, an well as the reasons or basis therefore, upon all the material issues of fact, law or discretion presorted and the appropriate order, relief or denial therefor. Notice of my decision shall be mailed or hand delivered to the applicant or his prim agent. 9]-59 (As Amended) 2) A member of the Design Committee, or a duly audrorized representative, or the Code Enforcement Officer should attend all hearings and shall present to the Board such plans, photographs, or other materials deemed appropriate for an understanding of the appeal. STATEMENT OF FACTS; New mat is underlined and deleted text is sNuek out. 9I-59 Aaigned to Councilor Aube December 23, 1996 HH CITY OF BANGOR (/ (TITLE,) XYMMUef-Amendin6the LawsaMONinaneas-oftheCiryof.Bangocconsisreo[.wich__. the adoption of the Board of Appeals. _ Beit ordairud by W CkY Cw 1 of W Cib olBanBor, a+7Ww,e: THAT the Code of Ethics - Chapter I, Article 6, Section 2. 1, be amended as follows:. 2.1 Board: All statutory and nonoduutory boards now existing or hereafter created under the City Charter or by virtue of my ordinance, order or resolve adopted by the Bangor City Council, including without limitation the following: Banair Corporation Board of Dissident Bangor Recreation District Board of Directors Boats ofAppa Beard aftibmiesdamial Ras i Board of Ethics Hersey Fund Bound of Trustees Planning Board Sophia K rstein Loan Fwd Board of Trustees Superintending School Committce Zoninlg Bowd of Appeals THAT the Administrative Code - Chapter 11, Article 3, Section 5, be amended as follows Sm. 5 Bond of Assessment Review. 4. +r+i+raw)wwwrwxbada swindledappaillied fena nein oft, 05emsmeteme IN CITY COUNCIL December 23, 1996 First Reading Referred to ni. Ops. CITY C M IN CITY COUNCIL January 13, 1997 Notion to Amend by Substitution Passed Passed as Amended by Substitution vote: 8 yes Councilors voting yes: Aube, Baldacci, Blanchette, Leen, Saucy, Sullivan, Tyler, 6 Woodcock Y CLEM 9)-59 ORDINANCE - ( TITLE.) Amending the Lave and Ordinances of the City of Bangor consistent with IFRe adoption of the Board of Appeals 9]-59 TI NT (be Schedule of Fees - Chapter II, Amicle37, Section 2(XB),be amended as follows: 2M Appeal Boards: 1. Zoom Board of Appeals ......................$74.00 Advertising ...................$37.00 Total .......................$105.00 Building2. .................... (Bore -of Appeals) THAT the Special Amusement permit for Music, Dancing, or Entertainment Ordinance- Chapter IV, Anicle 11, Section ]0, be am®ded as follows: Section 10 Appeal Procedures. A licensee whose request for a special amusement or revoked or suspended, may within thirty (30) days of such action, appeal the decision to the Zomb Bose of Appeals M established by Charter it Amcle 3R under of the Ordinances of the City of Bangor. Fee die pontoons of Otis Attica, proceedings before ehe Aemd efAppeals thall I require fam (1) membets and re, seas 1 en imsdifiembei eF die Gr� Conned sedan . The Board of Appeals may grant or reinstate the proud only if it Ends that the denials, imposition of restrictions, or revocation or suspension was arbitrary or capricious. TENT the Official hiap Ordinance - Chapter VI, Article 2A, Section 8, be amended as follows: Sec.8 Administrative Relief Any person or applicant aggrieved by the denial of building permit pursuant to Section 6 may appeal to the Zemng Board of Appeals 97-59 within 30 days thereoffor either a variance or an administrative appeal as provided by the temps of Chapter VH111, Article i 3& provided, however, that by such action the Board shall preserve the integrity of me Official Map and resedct the scope of the administrative relief to that which will, as little as practically possible, increase the cost of acquisition of such right-of-way or tend to cause a change in the Official Map, by imposing reasonable requirements and conditions. THAT the Sign Ordinance -Chapter VI, Article 3, Section 7.1, be amended as follows: Sec. 7 Appeals, Exceptions, and Variances. 7.1 Administrative Appeals. The leasing Board of Appeals shall hear and decide matters where written appeal alleges an error in any interpretation, order, requirement, decision or determination of the Cade Ehm rcemem Officer, in the enfoxcemmt of this Article. TIe-am an-a€His -Cb 9e containing lone of in least fictin (4) of its members. 7.2 Variances. The Zoning Board of Appeals as established by the Laws and Ordire sof Ne City ofBangor, Chamer IL Artcle 3g. shall decide upon written requests for variances from the tames of this Article. Variances shall be limited to variations in the dimensions and placement of signs. 9]-59 97-59 THAT the Historic Preservation Orditunce - Chapter VII, Article 4, Section 10.6, be amended as follows: 10.6 Appeals An appeal from any final decision of the Commission may be taken by any party b the Bungee-Zauit Hoard of Appeal s. proeessing fee it) suds ameame sas rest be established fient iiine to three by the Git� cancer! b) assured Bidet - ith die Bantoor Burearts of Gode Enforcement Offiee 5 Fire -Per, co nm The Appeal procedwe shall edremise conform to the procedure setforthm Chapter Vlllll,Article243$,,,e—efimt2. Thedeeisionofthe least f THAT the National Electric Code- Chapter VII, Article 9, Section 6.1, he amended as follows: 64 Appeals. & An appeal may be fakrn Gem any order, decision or other action of the Department to the Budding Board ofAppeals bonemeRerealled-the -'Bead')gyestablishedby Cbapter Hf B.Seetian-F24Ay cle3$,ofthe Laws and Ordinances of the City ofInumor. The appeal -must -brfiled in writing - iYeti@fe saidmeem of Code lenfiereement within ddi 01 (3 0) days of h the e. @, The Board may interpret this Code and thereby affirm or modify such order, or may taunt exceptions therefrom when practical difficulties or unnecessary hardships exist, and it is clearly evident that reasonable safety would thereby be secured. The actions of the Board shall be governed by theprovisionsofChaprer H{ll,Seeean-124,etse Article38 Failureof (hg Board to issue a written notice of its decision within thirty (30) days after the hearing of the appeal constiones a denial of said appeal. THAT the National Electric Code - Chapter VB, Article 9, Section 6.2, be deleted: - .:.-. .e._..e.... ..::__..._.:.:..a..::..,....._....:.::.:....:.:........:.:.3 9I-59 THAT the Life Safety Code- Chapter VII, Article 10, Section 3. 1, be amended as follows 3.1 Appeals. @� An appeal may be taken from any order, decision or other action of the Fire Chief, Fire Prevention Bureao Chief, Code Enforcement Officer or their agents) to the lmildmg Board ofAppeals (herein ager referred m az the "Board") esPoblisbodby ChapterWILSe_'_:' _�.9tt 3$ofMe kern Laws and Ordinances of the City of Bangor. The actions and or lures of Me Board wapplisable shall be viting] hyffigpowiiihimagfCliaiewrli Arti I f tb@LawsandQrdiiianccigftheCiwgfBmaoT. Akwppealsi usbefiledin amadminslat e(SM.11fdallms ch it city (20) imis fieln Ole date of swe is of Ole ends, decision 01 oflaftmic "Pealed feetn no Code Enfinsi Qffiver Mail submite uppy of the appeal to Me Fire Prevent on process Chief B, The Boats may only reverse the order, decision or other action being appealed from if Me appellant shows Mat it can clearly mat Me provisions of dations l - d (Application) and 1-5 (Equivalency Concepts) of the Cade with regard in any alleged violation. The stations mid us seems es of die Bar it, as appli oble, d a' 1 he go at ad b5 die pie a an- OFGI " el !X, Mellon 1 1.9�etrsq, aftlabift Ordinances Gft� mid oldie 5fBa gar. Failure ofthe Board to issue a written notice of its decision within thirty (30) days of Me filing of the appeal, insurance a denial ofsaid appeal, unless Me appellant agrees in writing to an extension option Board's decision time. THAT the Land Development Code -Chapter VIII, Article 2, Section 10, as follows: 9]-59 W Administrative Appeals deeidewit reitisre leged there is an error in any order, requnement, decision or determination made by the Code Enforcement Officer in the enforcement of this Ordinance shall be made m the Board of Appeals as establisbei by Article l Section 38. The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals, by concerning vote of nt least four (4) members of the Board. U Variance Appeals_.. a) Disability Variances.... Id W Administrative Appeals deeidewit reitisre leged there is an error in any order, requnement, decision or determination made by the Code Enforcement Officer in the enforcement of this Ordinance shall be made m the Board of Appeals as establisbei by Article l Section 38. The action of the Code Enforcement Officer may be modified or reversed by the Board of Appeals, by concerning vote of nt least four (4) members of the Board. U Variance Appeals_.. a) Disability Variances.... 9]-59 :: 'wwFwirEiw��wiwtravr�ww►r�ww 9]-59 THAT the Building Code - Chapter IX, Secfiou 2 (8), be amended as follows: (8) Section 121.1 is deleted aM replaced with the following: 121.1 Application fm Appeal: The owner of a building or structure or any other person may appeal to the" "Board of Appeals", as established by Chanter H. Article 38. from a decision of the code official refusing to gram a modification to the provisions of this code covering the manner of construction or materials to be used in the erection, alteration or repair of building or structure. Streh afqecal shall be eeneren"d 1r) filing 0 kh flee Chief code Enfineenunt , idt as adminislutti, e ps messing fee of Onto If e deliers (163 5.09) i6an Re elm 9 ef dee THAT the Building Code - Chapter IX, Section 2 (9), be amended as follows: (9) Section 122.2 is deleted in it entirety and replaced am. the`-ao.. THAT the Building Code- Chapter IX, Section 2 (10), be amended as follows: (10) Secfiou 122.2.1 is deleted in its entirety. 9]-59 THAT the Building Code- Chapter IX, Section 2 (1I), be amended as Moves: (11) Section 121.3 is deleted in its eafieety THAT the Building Code - Chapter IX, Section 2 (13), be amended as follows: (13) 3eaim 1219 i9 deleed'v im entirety maFnphee&xHhNreieFlawrnG THAT the Property Maintenance Code - Chapter M Section 2 (6), be amended as follows: (6) Sections PM -111.1, PM -111.2, PM -111.2.1, PM411.2.2, PM -111.2.3, PM - 111.2.4, PM -111.2.5, PM -111.2.6 and PM -111.3 are deletecl and replaced with the following: PM -111.1 Appeals: (a)(A) Any person affected by any notice which has been issued in connection with the enf n a tent of any provision of this code may request and shall be granted a hearing on the matter before the "Ban -get Board of Appeals," established meter Chapter B Il, Seetian2Efli Article 38, of the Laws and Ordinance of the Cityof Bangor. All procedure&, fees, and requirements for appeals and hearings before the Board shall ba governed by the nmv's'nns ofundet the Gi� Beild ng 'Y91iYYYYY1NI1fN�Yiiliili'(�ftfMRAA ., . YiYiFYF±i�if�ilifl'YilY,lAil . 'iWiiiilYlYMYWiWYNfllflliilWllMfYY.Yf _:: - 3 W9 ..... ., THAT the Building Code- Chapter IX, Section 2 (1I), be amended as Moves: (11) Section 121.3 is deleted in its eafieety THAT the Building Code - Chapter IX, Section 2 (13), be amended as follows: (13) 3eaim 1219 i9 deleed'v im entirety maFnphee&xHhNreieFlawrnG THAT the Property Maintenance Code - Chapter M Section 2 (6), be amended as follows: (6) Sections PM -111.1, PM -111.2, PM -111.2.1, PM411.2.2, PM -111.2.3, PM - 111.2.4, PM -111.2.5, PM -111.2.6 and PM -111.3 are deletecl and replaced with the following: PM -111.1 Appeals: (a)(A) Any person affected by any notice which has been issued in connection with the enf n a tent of any provision of this code may request and shall be granted a hearing on the matter before the "Ban -get Board of Appeals," established meter Chapter B Il, Seetian2Efli Article 38, of the Laws and Ordinance of the Cityof Bangor. All procedure&, fees, and requirements for appeals and hearings before the Board shall ba governed by the nmv's'nns ofundet the Gi� Beild ng 9]-59 (B) The Board's Decision may only reverse or modify the Code Enforcement Officer's decision upon a finding that with respect to the activity N question this code has been incorrectly interpreted; that the provisions of this code do cot fully apply to the contemplated activity; or that the type or form of construction is the equivalent to that required by this code. (C) Aa appeal filed in accordance with the provisions of this ordinance, or my efehe other CityoMimnce, shall mt be deemed w stay or suspe operation of any placard mtice, order to quit, or other order or action issued by the city's Code Enforcement Officer. THAT the Floodplain Management Ordivume - Chapter XBl, Article XIII, 5A, be amended as follows: A. "Bound of Appeals"- means the Bangeeitarit Board of Appeals. THAT the Bangor Center Revitalization Area Ordinance - Chapter XIV, Article 5, Section 1, be amended as follows: Sec. 1 Appeals Board Designation. All appeals concerning any decision, order, rale, or failure to act under the provisions of this Ordinance shall be heard and decided by the "despiser Board ofAppeals'bas established under Chapter EX B Aof the Laws and Ordinances of the City of Bangor) in accordance with the provisions contained herein. The word "Board' when used in this Ordinance shall be construed to mean the Binger Boad of Appeals. THAT the Bangor Center Revitalization Area Ordinance - Chapter XIV, Article 5, Section 3, be shouted as follows: 9)-59 A. The Code Enforcement Officer shall immediately refer the Wind together with all materials relative thereto m the Chairperson of the Board for consideration by said Board, as provided herein. Before taking any action on the appeal the Board of Appeals shall hold a public hearing on the matter. The Board shall notify, by U.S. Mail, the owners ofabuting property and/or owners ofproperlies within 100 feet of flue exterior boundaries of the property in question at least seven (7) days in advance of the hewing. The owners of property shall be considered 0 be those against whom taxes are assessed. prime of any owner to receive notice shall not necessitate another hearing or invalidate any action by the Based, In addition, public notice of said hearing well be given in accordance with Chapter 1, Article 8 ofdre Laws and Ordinances of the City of Bangor. B. The Board shall hold a public hearing on the appeal witlrin thirty (30) days from the date of referral by the Code Enforcement Officer and shall render a decision on the appeal within twenty (20) days of the public hearing. Said decision shahI be in writing and shall include a statement offending and conclusions, as well as the reasons or basis therefore, upon all the material issues of fact, law or discretion presented and the appropriate order, relief or denial therefor. Notice of any decision shall be mailed or hand delivered to the applicant or his or her agent. C. 1) k rest) m) be represented 13 on nent at an wEenne) k hessino; shall no! be eamintred to =enter time except for gead cause, 23 Amember of dm Design Committee, or a duty modernized representative, or the Code Enforcement Officer should attend all hearings and shall presem to the Board such plans, photographs, or other materials descried appropriate fm an understanding of the Weal. 3) Tire appellmoVs case shelf beheard lisp. Tommintainmeles!) New text is mdalthW and delved to tisshaeltou.