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HomeMy WebLinkAbout1996-08-26 96-357 ORDINANCEAec Date ff-a-a m r Item No. 96-357„ ItoMSubject Adoption of the 19% BOCA National Property Maintenance Code - Chapter 10 of the Lairs and Ordinances of the City of Bangor Besponable Department: Commonly Economic Development- Code Enforcement Commentary: This affluence change adopts the most recent edition of the BOCA Property Maivtevance Code. The format and provisions of the 19% BOCA National Property Maivtmance Code is designed to provide municipalities with an effective regulatory means of providing minimum health and safety for existing buildings and structures. Chapters 1 and 2 are administration and definitions. Chapter 3 contains the applicable provisions related to the condition and maintmance of exterior property and maintenance. Chapter 4 and potions of Chapter 3 relate to the conditions and maintevance of features essential to health and sarthation ofthe interior stmcmre areas. Safety, beslth and sanitation for plumbing, mechanical and electrical are debilN in Chapters 5 and 6. Chapter 7 details the applicable aspens for fire safety and removal and abatement of fire bazzrds. Manager's Common": 7n7"o /OLbvsln/LLnd1GC L•w 0-A�IOd�QIJ�M , ^'S �" Y FG�tZuLlea& City Muunger Associated Information: Budgtt Approval Fimam D" Legal Approval - �t7 Introduced For O passage ❑ First Heading �"'�-� page _ of — �Referral Cio,wVP +fee, J)ttuokswu.-- 114N4 96-35] Assitnd to Councilor Baldacci August 36, 1996 t./ CITY OF BANGOR (TITLE.) Mrbi MC9s Arnending Chaptcr X of the Laws. and Od anoes of the .. Cry ofBangor Property Mairaenance Cod ___ ._.......... ........ .... ............... .. ................ Boaorja tfile Cit Cnmt{ ofW 0140fBaneor, a"sios. C THAT, Chapter X, of the Laws and Ordiiances of the City of13angor, is hereby repealed and replaced, as follows: Seeattached. IN CITY COUNCIL August 26. 1996 First heading Referred to Community 6 Economic Development Committee CLFEA IN CITY COUNCIL September 9, 1996 Passed Vote: 9 yes Councilors voting yes: Baldacei. Blanchette, Frankel, Leen, Popper, Soucy, Sullivan. Tyler Woodcock CITY CLE 96-35] ORDINANCE and O"v)d ending Chapter % of the Lava City of angor - Property Maintenance eCode Awkned to ko? Ounwilm n CHAPTER % *PROPERTY MAINTENANCE CODE Sec. 1 National Property Maintenance Code Monted. m accordance with 30-A M.R.S.A. oa. 3003, "The BOCA National Property Maintenance Code/1996," Fifth Edition, published by the Building Officials s Code Administrators International, Inc., is hereby adopted as the Property Maintenance Code of the City of Bangor for the purposes of establishing minimum standards governing the conditions, maintenance and rehabilitation of all existing structures; establishing minimum standards governing supplies, utilities and facilities and other physical things and conditions essential to insure that structures are safe, sanitary and fit for occupation and asm establishing m standards governing the conditions of dwellings offered for rent; fixing certain responsibilities and duties of owners and occupants of structures, and the condemnation of structures unfit for human habitation and the demolition of such structures. Sec. 2 Amendments to Published Version. The "BOCA National Property Maintenance Code/1996" is adopted in its published form as is fully set forth herein except as follows: (1) Section PM -101.1 is deleted and replaced with the following: PM -100.1 Title: These regulations shall be known as the Property Maintenance Code of the City of Bangor and are herein referred to as such or as "This Code." (2) Section PM -106.2 is deleted and replaced with the following: PM -106.2 Penalty for violations of this Ordinance shall be imposed in accordance with 30-A M.R.S.A. as. 4452. Each day such a violation i permitted to exist, after notification by the Code Enforcement Officer, shall constitute a separate offense. (3) Section PM -107.5 is amended by the addition of the following sentence: For the purpose of this Section, the terminology sell, transfer, mortgage, lease orotherwise dispose of" shall include the execution ofa land sales contract or similar agreement. M-357 (4) By adding the following Section PM -108.2.1 which shall state the following: PM -108.2.1 Minimum Standards for Securing a Building. 1. Prior to securing any building, all combustibles and/or personal property must be removed from the building; 2. All basement, first and second floor windows and other openings must be made inaccessible to entry in keeping with these Standards; 3. Windows, doors and other openings above the third floor must be closed and locked and, if glazed, replaced or boarded if broken; 4. All window openings shall be closed through application of a minimum 5/8" plywood cut to fit the s of the opening and recessed into the opening; the board shall be nailed from the outside t0 supports on the inside of the opening. A minimum of eight (8)penny nails shall be employed atwelve (12) inch intervals; 5. All plywood used for board -up purposes shall be painted to match the color of the building or building trim; 6. All doors and other openings shall be locked, barricaded from the inside and secured with wooden boards at least 5/e" in thickness,, nailed across such opening with not less than eight (8) penny nails at twelve (12) inch intervals; 7. Holes in foundation shall either be patched or boarded. When boards are to be employed, it shall be accomplished by, excavation and placement of board in a trench two (2) feet deep covered over with earth and said boards to be attached to the wall with either nails or masonry nails as appropriate. Board size and nailing should be in accordance with subparagraph 4 above.; B. Openings unprovided for in these standards shall be closed in accordance with the specifications of the Inspector; 9. Acceptance by the Code Enforcement Division shall be required. A call for inspection at 945-4400, extension 124 is required upon completion and; 96-357 10. Periodic maintenance of the grounds and inspection of adequacy of steps taken to secure building is required. 151 Section PM -109.1 is deleted and replaced with the following: PM -109.1 Imminent Danger. In addition to the enumerated circumstances in the BOCA Property Maintenance Code/1996, or subsequent amendments thereto, the Code Enforcement Officer may order an immediate vacating of any part of, or all of, a structure which loses its source of heat, cooling, hot water, water supply, o r service, or has malfunctioning electrical service or has been substantially damaged due to fire or natural disaster, when, in the opinion of the code official, there is actual and immediate danger or failure or collapse of a structure which would endanger life, or when any structure has fallen and life is endangered by the occupancy of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or use of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. He shall cause to be posted at the main entrance to such structure a notice reading as follows: "This structure is unsafe and its use or occupancy has been prohibited by the code official." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the structure. (6) Sections PM -111.1, PM -111-.2, PM -111.2.1, PM -111.2.2, PM -111.2.3, 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) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this code may request and shall be granted a hearing on the matter before the 'Bangor Board of Appeals,' established under Chapter IX, Section 2(11) of the City of Bangor. All procedures, fees, and requirements for appeals and hearings before the Board under the City Building Code, Chapter IX of the Ordinances of the City of Bangor, shall also apply to appeals under this Ordinance, the Property Maintenance Code. 96-35) enforcement official finds that the violation is one which requires immediate correction to protect the public health or safety, he may provide the citation hereunder by means of telephone or facsimile transmission to the violator or to a person of suitable age and discretion at the residence or place of business of the violator. Section PM -112.3 Content of Citation The citation shall bei writing, shall describe the nature of the violation, including the ordinance section violated, and shall state the date by which the violation must be corrected, .that avil penalty in the amount specified under Section 11215 of this chapter issed for the violation, the date by. which the penalty must be paid and to whom and the consequences of failing to pay the penalty within the period stated. The citation shall state that additional penalties will be imposed if the violation is not corrected within the time period set forth i the first citation and any additional citation may be issued for the same violation the citation shall also state that all penalties are cumulative. Section PM -112.4 Time Limits for Corrective Action The time period specified in a citation within which a violation must be corrected ected shall be reasonable taking into consideration of the following factors: a. The threat posed by said violation to the health, safety and welfare of the public; and b. The nature of the work required to correct the violation; and c. My notice period given to the violator in a previous citationforthe same violation. 96-35] + Section PM -112.6 Interest and Enforcement of Fin All civil penalties assessed by citation shall be deemed due and payable within five days after the date by which the violation was ordered to be corrected. All civil penalties not paid when due shall bear interest at the same rate imposed for late payment of City property taxes. Any civil penalty assessed by citation, when paid i a timely fashion by the violator shall bar the City from taking further legal action with respect to the violation, provided the violation is corrected within the time specified by the Code Enforcement Officer. Section PM -112.7 rurther Citations If the violation has not been corrected within the time specified in the first citation, the enforcement official may i and citation. Thea and citation shall contain the same information set forth n the first citation regarding the nature of the violation but may do so by reference to the first citation. it shall also state what additional penalties have been imposed for the second citation. The second citation shall also state the continued failure to correct the violation may.result in the issuance of further citations and shall indicate the penalties provided for the issuance of subsequent citations. The time limits specified for correcting the violation may be the same as that allowed in the first citation or may be altered if there has been a change in circumstances. The same procedure shall be followed with regard to the issuance of subsequent citations. Section PM -112.8 Civil Proceedings if the violation has not been corrected within the period established in the citation the Code Enforcement Officer or City Solicitor may initiate appropriate legal proceedings to compel the violator to correct the violation and seek other relief to which the City may be entitled, including imposition and collection of fines assessed by citations pursuant to Sections 112.5 and 112.6 above. Such legal proceedings may include the initiation of a land use complaint pursuant to Rule BOK of the Maine Rules of Civil Procedure and 30-A M.R.S.A. ss. 9952, a amended. The amount of any fine sought by the City in the course of such legal proceedings shall not be lees than the amount of the fine specified in the original citation. 96-357 ' (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 in question this code has been incorrectly interpreted; that the Provisions of this code do not fully apply to the contemplated activity; or that the type or form of construction is the equivalent to that required by this code. (c) An appeal filed in accordance with the provisions of this ordinance, or any other City ordinance, shall not be deemed to stay or suspend operation of any placard notice, order to quit, or other order or action issued by the City's Code Enforcement Officer. (7) By adding the following Section 112.0 which shall state the following: Section PM -112.0 Applicability. This Section shall provide a method for enforcing and securing compliance with the various provisions, codes and ordinances adopted by the City of Bangor. Section PM -112.1 Investiaation Upon receipt of information indicating the likelihood of a violation of any provision of this Code o Ordinances adopted by the City of Bangor, the Code Enforcement official shall investigate the facts and may make aninspection of the premises when legally authorized to do so. Section PM -112.2 Citation If the investigation reveals that a code violation has occurred, the enforcement official may give a written citation of such violation to the person, firm o corporation (hereinafter violator) having control of any land, building, structure, sign, licensed o permitted business or operation which is in violation and order that the violation be corrected. The Citation may be served in hand to the violator or left with a person of suitable age and discretion at the residence or place of business of the violator or mailed by certified mail, return receipt requested, to his last known address. If the return receipt is not returned, the citation shall be conclusively presumed to have been served if it is also sent by regular mail, postage prepaid, which is not returned a undeliverable by the postal service. In the event the 96-35] Section PM -112.9 Eeceat Violations A violator who has been previously served with a notice of violation with regard to a specific violation shall not be entitled to receive any further notice of the same violation if it is repeated. If the enforcement official determines that a violator has repeated the same violation, he may proceed in accordance with PM -112.8 without further notice. Section PM -112.10 Effect other ordinances PM -112.0 at seq. do not supersede or repeal any other provision of the City's Ordinances or this Code. Except as provided insection 112.6 above, nothing herein precludes the initiation of any other legal proceeding which may be authorized by ordinance or applicable state or federal laws. (8) The definition of "Cade Official' contained in Section PM -202.0 is deleted and replaced with the following: Code Official: The Code Enforcement Officer of the City of Bangor. (9) Section PM -309.15 is deleted and replaced with the following: PM -309.15 Insect Screens: During the period from April 1 to November 1 every door, window and other cable outside opening used or required for ventilation purposes servicing any building containing habitable rooms, food preparation a food service r any areas where products used in foodfor human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every singing door shall have a self-closing device in good working condition. Exception: Screen doers shall not be required for out -swinging doors or other types of openings which make screening impractical, provided other approved means, s such a air curtains or insect repellent fans are employed. 96-35] (10) Sections PM -602.2, 602.2.1 and 602.2.2 are deleted and replaced with the following: PM -602.2 Residential Buildings: Every dwelling unit shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees Fahrenheit at a level of five feet above the floor and a distance of three feet from the exterior walls at an outside temperature of -20 degrees Fahrenheit. PM -602.2.1 Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat to maintain a room temperature of not less than 68 degrees in all habitable rooms, bathrooms and toilet rooms during the hours between 6:30 a and 10:30 p.m. of each day and not less than 60 degrees during other hours. The temperature shall be measured red at a point five feet above the floor and three feet from the exterior walls. when the outdoor temperature is below the outdoor design temperature required for the locality by the mechanical code listed in Chapter 8, the owner or operator shall not be required to maintain the minimum room temperatures, provided the heating system is operating at full capacity, with supply valves and dampers in a full open position. (13) Section PM -602.3 is deleted and replaced with the following: PM -602.3 Nonresidential structures: Every enclosed occupied work space shall be supplied with sufficient heat during the period from October 1 to May 15 to maintain a temperature of not less than 65 degrees F. (16 degrees C.) during all working hours.The temperature shall be measured at a point three feet (914 mm) above the floor and three feet from the exterior walls. Exceptions 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. (12) By adding the following Section PM -909.2 which shall state the following: PM -909.2 Burglar and Other Zmergency Alarm Systems No burglar and other emergency alarm system, as described in Chapter VII, Article 13 of the Laws and 96-3b) ordinances of the City of Bangor, shall be installed and operated in any structure unless the same shall be installed and operated in compliance with the National Electrical Code in effect in the city of Bangor at that time and unless the alarm user possesses or has been i ued a valid permit pursuant to Chapter VII, Article 13 of the Laws and Ordinances of the City of Bangor.