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HomeMy WebLinkAbout2017-12-27 18-065 ORDINANCETitle, Ordinance 18-065 12/27/2017 CITY COUNCIL ACTION Council Meeting Date: December 27, 2017 Item No: 18-065 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 223, Property Maintenance, of the Code of the City of Bangor, Regarding the City Process for Demolishing Buildings Summary This ordinance would amend the City demolition procedure under our property maintenance code. Currently, the ordinance allows property owners under demolition order from the Code Office, to appeal the order to the Board of Appeals. The City has a number of buildings that are in poor condition, some to the point where they are structurally unsound and must be demolished. The City has taken action in the last few years to demolish several of these buildings, often after having acquired them through tax foreclosure. At times, however, buildings that have not been acquired by the City are in poor enough condition that they must be demolished. If approved, this amendment would mirror the current practice and provide a hearing before the Council, prior to the final demolition order, and remove the appeals process before the Board of Appeals. Committee Action Committee: Business and Economic Development Action: Staff Comments & Approvals Meeting Date: January 2, 2018 For: Introduced for: First Reading and Referral Against: Finance Director CITY COUNCIL ORDINANCE Date: December 27, 2017 Assigned to Councilor: Tremble 18-065 12/27/2017 ORDINANCE, Amending Chapter 223, Property Maintenance, of the Code of the City of Bangor, Regarding the City Process for Demolishing Buildings WHEREAS, in order to protect the public health, safety, and welfare, the City on occasion must demolish a building; WHEREAS, at present, the owner of a property scheduled for demolition must appeal to the Board of Appeals in order to contest the demolition; and WHEREAS, demolition of a structure is a significant action, and each demolition should be heard by the City Council; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 223 of the Code of the City of Bangor is amended as follows: § 223-2. Amendments to standards. The International Property Maintenance Code 2003 is adopted in its published form as if fully set forth herein, except as follows: G. Sections 110.1, 110.2 and 110.3 are deleted and replaced with the following: PM -110.1 General: The Code Enforcement Officer or his or her designee may order the owner of any premises upon which is located any structure, which in the Cede Enforcement GffiE judgment of the Code Enforcement Officer or his or her designee is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove the structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or, where there has been a cessation of normal constructions of any structure for a period of more than two years, to demolish and remove such structure; provided that in each case all required permits and approvals for repair or for demolition and removal must first be obtained before repairs or demolition may take place. PM -110-2 Notices and orders. All notices and orders shall comply with Section 107. 18-065 12/27/2017 PM -110.3 Failure to comply: If the owner of a premises fails to comply with a demolition order within the time prescribed, the Code Gffleial Enforcement Officer or his or her designee may cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal may be charged against the real estate upon which the structure is located and be a lien upon such real estate. Notwithstanding Chapter 23 of this Code, no decision or order of the Code Enforcement Officer or his or her designee made pursuant to PM -110.1 through PM -110.3 may be appealed to the Board of Appeals; however, the Code Enforcement Officer or his or her designee may not cause a structure to demolished and removed pursuant to said subsections unless the City Council has approved of said demolition after notice and hearing_ Additions are underlined, deletions st+eak threugh. IN CITY COUNCIL DECEMBER 27, 2017 COr 18-065 FIRST READING AND REFERRAL TO BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE MEETING OF JANUARY 2, 2018 /eri4e4 .-) CITY CLERK IN CITY COUNCIL JANUARY 8, 2018 COr 18-065 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, NICHOLS, PERRY, SUPICA, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: NONE PASSED AP - itl 1:37 - •--