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 - •--