Loading...
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 4 ^ )rmaf;o Vdit) ( /y'na� SSar�(_ cey soreaa 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." 95-6 (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; 95-6 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. 95-6 (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.