HomeMy WebLinkAbout1994-11-14 95-6 ORDINANCEwonul Action
Date Nweober 81 1999 Hem No, 95-6"
Rem/Subject: Adcp M of the BCCA Pr pz y F4 intenance Code/93
Responsible Department: G nnmity and &ss C Uaveloptent - Code F Orcesmt
Commentary:
This Drliunce adopts the most recent published edition of the B]CA
Property Maintenance Cade. 11be last edition adopted x published in 1990.
the a3litim l benefit available witb this cost recent elitAM is a
ortiputerixed violatioh report system. Peper'ts operated with tlbis program
sluuld take less tine to probe and be aasier for prcpz y w s to .-
undeestara:
epartmnti
Manager's Computer":
City Mneugti
Associated Information:
Budget Approvel:
Fiuv adrea
Latest Approval: . I �{ R15 11... _ " WV IM 04
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Introducer! For
Passage
First Running Page _ of
Referral'sfp ct-E1�
Mugned to Coune4oe popper November 14, 1994
hh CITY OF BANGOR
(TITLE.) vllrbhtBEWEy Amending ...Chapter .A,... PrgRerty..MAintenance...Code....__
Be k ordaiud bs Me Ciro Con t of tM CieP ofaonpor. ae foiloioc ..
THAT Chapter % of the Ordinances of the City of Bangor be
replaced in its entirety with the following:
CHAPTER % /
PROPERTY MAINTENANCE CODE k
Sec. 1 National PiooeLtyJiaAAL_gpAges�Code Adooted, In accordance
with 30-A M.R.B.A. as. 3003, "The BOCA National Property
Maintenance Code/1993," Third Edition, published by the
Building Officials 6 Code Administrators International,
Inc., is hereby adopted as the Property Maintenance Code of
the City of Rancor 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 use;
m
; 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 topybughfe _vgr The "BOCA National
Property Maintenance Code/1993" isadopted in its published
form as is fully set forth herein except as follows:
(1) Section PM -101.1 is deleted and replaced with the
fallowing: 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."
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(2) Section PM -105.2 is hereby added to include the
following:
gel�q_5s2JfiAimuzstdasds.�p�.gecuri¢g_e., 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 most 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 a of the opening and recessed into the
opening; the board shall be nailed from the outside
to supports on the inside of the opening. A
minimum of eight (8)penny nails shall be employed
at twelve (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 lacked,
barricaded from the inside and secured
red with wooden
boards at least 5/8" 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 o
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 a
appropriate. Board sizeandnailing should be in
accordance with subparagraph 4 above;
S. 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;
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10. Periodic maintenance of the grounds and inspection
of adequacy of steps taken to secure building is
required.
(3) Section PH -107.5 is amended by the addition of the
following sentence:
For the purpose of this Section, the terminology
sell, transfer, mortgage, lease or otherwise dispose
of" shall include the execution of a land sales
contract or similar agreement.
(4) Section PM -106.2 is deleted and replaced with the
following: pM-109.2 penalty for violations of this
Ordinance shall be imposed in accordance with 30-A
M.A.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.
(5) Section PM -109.1 is deleted and replaced with the
following: PM -109.1 Imminent Dancer. In addition to
the enumerated circumstances in the BOCA Property
Maintenance Code/1993, 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, or sewer 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 o
collapse of a structure which would endanger life, or
when any structure ham fallen and life is endangered
by the occupancy of the structure, or when there i
actual or potential danger to the building occupants
r those in the proximity of any structure because of
explosives, explosive fumes or vapors or the presence
of toxic fumes, gases or materials, oruse 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 u 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.
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(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 IE, Section 2(11) of the City of Banger. All
Procedures, fees, and requirements for appeals and
hearings before the Board under the city Building
Code, Chapter IS of the Ordinances of the City of
Bangor, shall also apply to appeals under this
Ordinance, the Property Maintenance Code.
(h) The Board's decision may only reverse rmodify
the Code Enforcement Officer's decision upona 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 CodeEnforcement Officer.
(7) Section 112.0 is hereby amended by the addition of the
following:
Sa¢tipn,pHn112.BJlppl_apjtY� This Section shall
provide a method for enforcing and securing compliance
with the various
s previsions, codes and ordinances
adopted bytheof Bangor.
Sect_ion_PM�Ll.2,�luvea4tgatisu
Upon receipt of information indicating the likelihood
of a violation of any provision of this Code or
Ordinances adapted by the City of Bangor, the Code
Enforcement Official shall ivestigate the facts and
may make a nspection of the premises when legally
authorized to do so.
Se£tkVn PM -112.2 Citgt}on,
If the investigation reveals that a code violation has
occurred, the enforcement official may give a written
95-6
citation of such violation to the person, firm or
corporation (hereinafter violator) having control of
any land, building, structure, sign, licensed or
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 o
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
enforcement official finds that the violation i
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.
g¢.Etj,gn_gx-_i_i 2.� cenS_eals�_Fa talion
The citation shall be i writing, shall describe the
nature of the violation, including the ordinance
action violated, and shall state the date by which
the violation must be corrected, that a civil penalty
in the amount specified under Section 112.5 of this
chapter isassessed 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 in
the first citation and any additional citation may be
sued for the same violation the citation shall also
state that all penalties are cumulative.
Secti.2L -112 4 Ti 't f rKe_gji'yg Actirrn
The time period specified ina citation within which a
violation must be corrected 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 citation for the game violation.
95-b
.Sagii oR-PK-112,5—Pengl tv
The following civil penalty shall be imposed upon
issuance of citations:
First citation - $100.00
Second citation - minimum $200.00 or as allowed by
state law
Third citation - minimum $400.00 or as allowed by
state law
Fourth and Subsequent Citations - minimum $800.00 or
as allowed by state law
The civil penalties imposed are cumulative.
aectd_gn_Rtl_lit.1..19.te�xi�_$g.Lpre_am4dl.t_oj Paues
All civil penalties assessed by citation shall be
deemed due and payablewithin five days after the date
by which the violation was ordered to be corrected.
All civil penalties net paid when due shall bear
interest at the a 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.
B.egti On PH_312 ]_Further_cWtignm
If the violation has not been corrected within the
time specified in the first citation, the enforcement
official may issue a second citation. Thea and
citation shall contain the same information set forth
in 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
ecting
the violation may he the s s 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.
95-6
Section FM -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
whichthe 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 BOB of the Maine Rules of
Civil Procedure and 30-A M.R.S.A. as. 4452, as
amended. The amount of any fine sought by the City in
the course of such legal proceedings shall not be less
than the amount of the fine specified in the original
citation.
gectio, 4M -112..9 -Repeat .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 isrepeated. 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.
SectigB PM-1dz,3.0... Effegt on othet..ordinengep
PM -112.0 et seg. do not supersede or repeal any other
provision of the City's Ordinances or this Code.
Except as provided i section 112.6 above, nothing
herein proceeding which the maynbeinitiation thorised byother applicables
or
a au state
-
or federal laws. m
(8) The definition of "Code Official" contained in Section
PM -202.0 is deleted and replaced with the following:
gode_,SZffsiai,: The Code Enforcement Officer of the
City of Bangor.
(9) section PM -304.12 is deleted and replaced with the
following:
PN -304.12 {,Sect. S,gr Baa: During the period from
April 1 to November 1 every door, window and other
sable outside opening used or required for
ventilation purposes servicing any building containing
habitable rooms, food preparation areas, food service
areas, or any areas where products used in food for
95-6
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 swinging door shall have a self-closing
device in good working condition.
Exception: screen doors shall not be required for
out -swinging doors or other types of openings which
make screening impractical, provided other approved
means, a
such a air curtains or insect repellent fans
are employed.
(30) Sections PM -307.2, PM -307.3, PM -302.4 and PM -307.5 are
deleted and replaced with the following:
PM -302.2 Insect and Rodent Control: Every owner of a
structure or property shall be responsible for the
extermination of insects, rodents, vermin, or other
pests in all areas of the premises, except that the
occupant shall be responsible for such extermination
in all areas of the premises of a single-family
dwelling.e
(11) Sections PM -602.2 and 602.2.1 are deleted and replaced
with the following:
PM -602.2 Residential EaildiMgg: Every dwelling unit
shall be provided with beating 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 -6022.1 Every owner and operator of any building
who rents, leases or lets one or more dwelling snit,
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 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 m temperatures, provided the heating system
is operating at full capacity, with supply valves and
dampers in a full open position.
95-6
(12) Section PM -602.3 Is deleted and replaced with the
following:
PM -602.3 rygDrq&i.dSpLis/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.
(18 degrees C.) during all working hours. The
temperature shall be measured at a point three feet
(914 :ren) above the floor and three feet from the
exterior walls.
Excepti99S
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.
(13) Section PM -909.2 is hereby added as follows:
P11-007.2 sytAl,ab-_lO.Q Other„E]nny _A1 s4m Eyatema
No burglar and Other emergency alarm system, a
described in Chapter VIS, Article 13 of the Laws and
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 issued a valid permit pursuant to Chapter VII,
Article 13 of the Laws and Ordinances of the City of
Bangor.
IN CITY COUNCIL
November 14, 1994
First Reading
Referred to Community and
Son c Development Committee
N
ITY Omsk
IN CITY COUNCIL
November 30, 1994
Passed
vote: 8 yes
Councilors Voting Yee: Beldaccl,
Blanchette, Cohen, Frankel, Popper,
Sour Sullivan N Ty1
CITY�r FEEEE
95-6
ORDINANCE
TIME Amending Chapter X. Property Maintenance
Code.