HomeMy WebLinkAbout1994-01-10 94-66 ORDINANCEDate '1'24.94 Item No. 94-66
OBDRa1MC6: hwndu Chapter lir• Article 2, las ami Didiawres
Item/subject: of tie city of Bangor (Licenses and F Loa)
Responsible Department: log
Commentary:
M llreadry, January, 18, 1994, the City C U Fi»ce Ct mfttee neviesd the
proposal revisi to Chapter N, Article 2, Bmeg City (r tw cras. Based can
its revJan, the ftesnitt a adopiton of 'Vers= 2" as lmr t in tJos
Caanil•s Jamoauy 10, 1994 age psclret, with two maectiona in Bectimla 8 emi
11. A mrrectal Nkarsicm 2" has been printffi in the cue Cannil Mprla
psY and da � by (1e Canuittee £oz approval. (The corrections
replace tw Mfererces m rile aero:^ipal Cperatials C ttee with xefeterxes to
Fitwla Casefttee).
OepaTmmtHxJ
Manager's Comments:
City Memgn
Associated Information:
OLdiIlalCe
Budget Approval:
FimueUm
Legal Approval: %Iris ✓a will rejvirt iPe(S) ou
AMlrma�i oe vi�(S ✓e Fr^^i Pm 0050 [ay so nae.
Introduced For
Ej pava¢
EI First Reading Paw— of
❑Referral
COUNCIL ACTION 94_66
Item No.
Data Sanuary 30, 1994
Item/Subject: Amending Chapter IV, Article 2, Laws and Ordinances
of the City of Bangor (Licenses and Permits)
Responsible Department: Le54(
Commentary:
See attached
77�� o
q'y
it t �/
"
ICManager's Comments:City Manager
Associated Information: Ordinance, Narrative, Versio
Finance Director
City Solicit
Introduced For NEN BUSINESS
passage
First Reading
Referralgo Fx.aw+l Page 1 of 5
94-66
A 6ped to Co mdor Cohen January 10, 1994
CITY OF BANGOR
(TRU 1[pTl1� Amending Chapter IV, Arti 1e 2, Lava_ and
Ordinances of the City of Bangor (Licenses and Permits)
Beit ordained 6y Ole C(ty Couwil OfWaft ofBaauar, off/hWVe:
_ THAT Chapter IV, Article 2, Sections 5 through 11, are
hereby amended to read as follows:
[See Version 2 attached]
statement of Fact: additions to the existing ordinance are
underlined, and deletions are e£xaek-ee£.
94-66
Auignd to CowcJor Cohen January lo, 1994
CITY OF BANGOR
(TIRE) yp1�r Amending Chapter N, Article 2, Lava and
rdl.._.. .... .. _.... _...
Ordinances of the City of Bangor (Licenses and Permits)
Be a ordained by the City ComcB of City of esvr, as folloou:
THAT Chapter IV, Article 2, Sections 5 through 11, are
hereby amended to read as follows:
[See Version 1 attached]
Statement of Fact: Additions to the existing ordinance are
underlined, and deletions are s6anek-ent.
94-66
ORDINANCE -
-
Residing Chapter IV, Article 2 Sews
( T=, see n.dinancee cf the City of Rentor
in City Council Tam:ary 10, 19M
(Licenses s recruits)
First Reading Referred t0 Finance
C/Omti7ttee
//
C1 Cler -
Auigned to
IN CITY COUNCIL
��d /A/
January 24, 1994
Passed Accepting Version 82
Corrected.
Vote: ] Yes 2 Absent
Voting Yes: Soldered, Blanchette,
Popper, Shubert, Soucy, Sullivan,
Tyler.
Ab ' Cohe 6 Stone.
C;F CLERK
Each of the two attached Council Ordinances would amend portions of
Chapter IV, Article 2, Bangor City Ordinances, pertaining to
issuance of various business licenses and permits by the City
Clerk. The two versions attached are presented as alternatives.
If the Council takes action, it should approve no more than one of
the attached items.
Version 1 (C.O. 4y'LG ) would delete the current section
5(c), which prohibits the Clerk from issuing a license or permit to
an applicant who has unpaid tax, sewer, or other debts to the City
of Bangor. This provision of th.€Cordinance has net been actively
enforced in past years. C.O. %Y G would amend the existing
ordinance to eliminate the denial of City licensee and permits as a
City collection tool.
Version 1 (C.O. 9yGG ) would also revise the current appeal
process for permit denial to place review authority with the
Municipal Operations Committee. A further appeal to the full City
Council, as at present, would be allowed. This change is
consistent with other recent ordinance amendments, which have
placed initial review and settlement authority in a number of areas
at the Committee level, rather than by the full Council. Employee
grievances, hardship tax abatement requests, general assistance
appeals, and general collection of less than $5,000 per account are
among the matters currently heard at the Committee level. The
Municipal OperationsCpmm tree has been selected as the reviewing
Committee under C.O. -Mb(I , given the nature of denials
authorized under Section 5(a) and 5 (b).
Version 2 (C.O. 9y -&c a would continue to use the den a of
City licenses and permits a collection tool. in C.O. %
Section 5(1) of the existing ordinance would be emended to allow
issuance of licenses or permits to applicants whose debts to the
City are subject to a workout agreement with the City Finance
Director or City Treasurer/Tax Collector. Such agreements are
required to provide for payment in full of the applicant's debt,
plus all interest and related charges, within 18 months. Licenses
or permits issued on the basis of a workout agreement would be
revoked if the license or permit holder fol ��qq tt of compliance with
the terms of the workout agreement. C.O. ?1(0 also clarifies
that licenses would not be denied or revoked for non-payment in
bankruptcy cases where doing so would violate the bankruptcy laws
automatic stay or discharge provisions.
Version 2 would also place review authority for permit denials
at the Committee level with further appeals to the full City
Council. in C.O. 9y"(O , the Finance Committee has been selected
as the reviewing authority, anticipating that most denials and
appeals will arise under the amended Section 5(c).
Doth Council Ordinances would make the following changes to
the existing Ordinance, in addition to the changes described above:
Section 6 would be emended to require back payment of license
and permit fees, where an applicant has been operating without
a required license or permit in violation of the Ordinance.
Section 10, granting the City Solicitor authority to prosecute
violations of the Ordinance would be amended to provide that
no enforcement action will be filed until the ordinance appeal
period (10 days) has ran, or until anappeal to the
appropriate Committee or Council has been resolved.
In the event Section 5(c) of the ordinance is retained in its
current or amended form, I anticipate filing all n sary actions
in accordance with Section 10 to assure full compliance with the
ordinance requirements by Bangor businesses. Such actions would be
filed no later than February, 1999. City Clerk Russ McKenna has
previously identified for the Council some 17+ businesses that
world be subject to prosecution for operating without a required
license or permit. The final list may be more than twice this
number. In acting on the attached items, the Council will need to
decide whether it views such actions as an appropriate vehicle for
collecting taxes and other debts owed to the City. If the Council
does not feel that such actions are appropriate, it should take
steps to delete Section 5(c) from the existing ordinance.
94-66
CHAPTER IV ARTICLE 2 - LICENSES AND PERMITS
Sec. 5 Licensing Standards and Criteria. In determining whether
to grant or deny a license or permit required hereunder,
the City Clerk shall determine whether the applicant
complies with all standards and criteria for the issuance
of said license or permit as may be established by
ordinance or statute. In addition, unless otherwise
prohibited by law, there must be an affirmative showing by
the applicant that he complies with the following:
(a) that the activity to be licensed or authorized is a
authorized use in the zone in which it is to be located
or conducted; a=d
(b) that the applicant has obtained all necessary approvals
and permits antler the City's Zoning Ordinance for Ne
proposed activityt_
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The City Clerk shall act on all amlications for a license,
permitrenewal required under this Ordinance within
thirty 1301 days after the application date Any
application not granted within that period shall be deemed
denied. Such denial may be appealed within ten (101 days
thereafter, as provided in Section 7 below.
Sec. 6 Expiration Date. unless otherwise provided by law, all of
the foregoing licenses and permits shall expire 365 days
from the date of issuance.
Subiect to the requirennents of Section 5 above, any
applicant overatinga business following expiration of o
without obtaining a license or permit required by this
Ordinance shall. upon
application, be granted the license
or permit concerned but such applicants shall gay all
license and Permit fees that would otherwise have been
payable for the Period the applicant operated its business
without the reunited License o hermit.a Such fees shall be
in addition to the annual fees Paid by the applicant under
Section 4. above. -
Sec. 7 Ate. The issuance or denial of any license or permit
required hereunder may be appealed to Municipal Onerations
Committee of the Bangor City Council by the applicant, or
by any other interested party, within ten (30) days after
the City Clerk renders his decision on the application.
Notice of such appeal shall be filed in writing with the
City Clerk and shall outline the grounds therefore. Upon
receipt of such notice, the City Clerk shall immediately
notify the Chairman of the f#Ey-fauna#} Committee who
Version 1
94-66
shall arrange for the appeal to be considered by the
Gonne£} Committee within fourteen (14) days thereafter
as-a-@aq}ie-geax£ry-qe}J at the next regular meeting of
the Bernell Committee, or,gt a special meeting called for
sash that purposes.
7.1 Scone of Review. On appeal the G#ty-Geasa}}
Committee shall review the decision of the City Clerk
to determine whether the decision was based upon
substantial evidence. The Geaae#} Committee may take
additional evidence with respect to rush the City
Clerk's decision, and shall determine the appeal upon
all of the evidence.
Sec. 8 Suspension or Revocation. A license or permit issued under
this Ordinance may be suspended or revoked by the G}Sy
Genre#} Municipal operations Committee after written
notice of the proposed suspension or revocation and the
grounds therefor and after a hearing before the Geare#}
Committee. The hearing shall be conducted in the same
manner as hearings on appeals under Sec. ] above.
Sec. 9 Further Appeals. APy-dee}s}eP-eeadeaed-nnAea-tA#e
emkausteet-a tyP-a}}-ion byBthet Municipal Operate -peep
Committees der this ion by the Municipal Operations
Committee under this Ordinance may be unroofed to the City
Council for de n eSuch reviews shall be
conducted ipublic sessionssion
at a reamer city Council
eat es t a special CityCouncil meeting called for
that purpose Co
uncil's
is reaction 8 dove of the oealdflFollowing
the City l
n thea appeal, the
decision of the Council may be appealed to the Superior
Court pursuant to Rule 80H, Maine Rules of Civil Procedure.
Sec. 10 enforcement. All provisions of this Ordinance and
applicable State Statutes shall he enforced by the City
Clerk. In the event the Clerk determines that enforcement
litigation is necessary, the Clerk shall refer the matter
to the City Solicitor for assistance. The Clerk and the
Solicitor are hereby authorised to commence all enforcement
e
proceedings they deem necessary, and toprosecute the same
in the name of the City of Bangor without further act of
the City Council. No enforcement action shall be filed by
the City Solicitor with respect to a narticular violation
until the time for appeal under Section ] above has
expired, or while an appeal to the Municlual COeratlons
Committee or City Council remains pending.
Sec. 11 Violations. In addition to any action which may be taken
by the City Clerk or the Giay-Geame£} Municipal
Operations Committee with respect to the denial,s uspension
or revocation or -denial of a license, and unless
otherwise provided by ordinance or statute. a violation of
this Ordinance shall be a civil violation punishable by a
fine of not less than $50.00 nor more than $500.00 for each
offense. Each act of violation and every day upon which
any such violation shall seem continue shall constitute
a separate offense. All tinea shall inure to the benefit
of the City of Bangor_
94-66
CHAPTER IV ARTICLE 2 - LICENSES ANO PERMITS
Sec. 5 Licensing Standards and Criteria. In determining whether
to grant or deny a license or permit required hereunder,
the City Clerk shall determine whether the applicant
complies with all standards and criteria for the issuance
of said license or permit as may he established by
ordinance or statute. In addition, unless otherwise
prohibited by law, there must be an affirmative showing by
the applicant that he complies with the following:
(e) that the activity to be licensed or authorised is an
authorised use in the sone in which it is to be located
or conducted; and
(b) that the applicant has obtained all necessary approvals
and permits under the City's Zoning Ordinance for the
proposed activity; and
(c) that the applicant has paid all real estate and
personal property taxes, sewer user fees and other
debts owed to the City arising out of or incurred at
the premises by reason of the activity to be licensed
or permitted under this Ordinance.
The Citv Clerk shall act on all aoolications for a license
permit. or renewal reuired under this Ordinance within
thirty (30) days after the anolication date. My
anolication not granted within that period shall be deemed
denied Such denial may be arrealed within ten (10) days
thereafter, as vided in Section ] below.
Version 2
96-66
Sec. 6 expiration Date. Unless otherwise provided by law, all of
the foregoing licenses and Permits shall
expire 365 days from the date of issuance.
Subject to the reamireNgntsSection 5 above
aonlicant operating a business following expiration of o
without obtaining a license or Permit reaulred by this
Ordinance shall li tion, be granted the license
or permit concerned, but such applicants shall Pay
all
license and permit fees that would otherwise have been
payable for the d the It d its business
without the r red license
or Permit. Such fee shall be
i additiono the1 £ a d by the 1'under
Section 9 above.
Sec. 7. Appeals. The issuance or denial of any license or permit
required hereunder may be appealed to the Finance Committee
of the Bangor City Council by the applicant, or by any
other interested party, within ten (10) days after the City
Clerk renders his decision on the application. Notice of
such appeal shall be filed in writing with the City Clerk
and shall outline the grounds therefore. Upon receipt of
such notice, the City Clerk shall immediately notify the
Chairman of the City Bassett Committee who shall arrange
for the appeal to be considered by the Beume## committee
within fourteen (19) days thereafter at a public hearing
held at the next regular meeting of the BanA9##
Committee, or at a special meeting called for Bush that
purposes.
7.1 Boom of Review. On appeal the City Benne#1
Committee shall review the decision of the City Clerk
to determine whether the decision was based upon
substantial evidence. The Connell Committee may take
additional evidence with respect to east the City
Clarks decision, and shall determine the appeal upon
all of the evidence.
Sec. B Suspension or Revocation. A license or permit issued under
this Ordinance may be suspended or revoked by the City
Ben e## Municipal Operations Committee after written
notice of the proposed suspension or revocation and the
grounds therefor and after a hearing before the Cassell
Committee. The hearing shall be conducted in the same
manner as hearings on appeals under Sec. 7 above.
Sec. 9 Further Appeals. Asy-gee#e#eA-meA9emeS-nA�ae'-8R#B
eehausted. Buy decision by
the
6Finance Committee-undA
this Ordi. Anv decision by the Finance Committee antler
this Ordinance may be appealed to the City Council for de
novo review. Such review shall be conducted in public
session at a recular City Council meeting at a special
City Council meeting called for that purpose within 30 days
of the arreal date. Following the City Council's review
and action on the appeal, the decision of the Council may
be appealed to the Superior Court pursuant to Rule BOB,
Maine Rules of Civil Procedure.
94-66
Sec. 10 Enforcement. All provisions of this Ordinance and
applicable State Statutes shall be enforced by the City
Clerk. In the event the Clerk determines that enforcement
litigation is necessary, the Clerk shall refer the matter
to the City Solicitor for assistance. The Clerk and the
Solicitor are hereby authorized to commence all enforcement
proceedings they deem necessary, and to prosecute the same
in the name of the City of Bangor without further act of
the City Council. No enforcement action shall be filed by
the City Solicitor with respect to a particular violation
until the time for anneal under Section ] above has
expired. or while an appeal to the uniCtral Operations
Committee or City Council remains oendina.
Sec. 11 Violations. In addition to any action which may be taken
by the City Clerk or the Finance Committee or the City
Council with respect to the denial, suspension o
revocation, or -denial of a license, and unless otherwise
provided by ordinance or statute a violation of this
Ordinance shall be a civil violation punishable by a fine
of not less than $50.00 nor more than $500.00 for each
offense. Each act of violation and every day upon which
any such violation shall sewer continue shall constitute
separate offense. All fines shall inure to the benefit
of the City of Bangor.
"CONNECTED
CHAPTER IV ARTICLE 2 - LICENSES AND PERMITS
Sec. 5Licensing Standards and Criteria. In determining whether
to grant or deny a license or permit required hereunder,
the City Clerk shall determine whether the applicant
complies with all standards and criteria for the issuance
of said license or permit as may be established by
ordinance or statute. In addition, unless otherwise
prohibited by law, there must be an affirmative showing by
the applicant that he complies with the followings
(n) that the activity to be licensed or authorized is an
authorized use in the zone in which it is to be located
or conducted; and
(b) that the applicant has obtained all necessary approvals
and permits under the City's zoning Ordinance for the
proposed activity; and
(c) that the applicant has paid all real estate and
personal property taxes, sewer user fees and other
debts owed to the City arising out of or incurred at
the premises by reason of the activity to be licensed
or permitted under this Ordinance.
The City Clerk shall act on all applications for a license.
Permit, or renewal required under this Ordinance within
thirty 13d save after the anmlicatlon date. An
aoDlication not created within that period shall be deemed
deniadSuch denial be appealed within ton 1101 days
thereafter, as Provided in Section T below.
Version 2
"CORRECTED"
94-66
Sec. 6 Expiration Date. Unless otherwise provided by law, all of
the foregoing licenses and oermita Shall
expire 365 days from the date of issuance.
sublect to thei f Section 5 above,
wreplicant ooerstina a business following expiration of o
without b i t license or Permitd by this
Ordinance
shall, upon annlicetion. be granted the license
or Permit concerned, but such applicants shall pay
license and Permit fees that would otherwise have been
myable for the
e riotl thea 1 rated its
with h id license or permit.
a Such fees shall be
n addition to the annual fees Paid by the applicant
Section 4 above.
Sec. ]. Anneals. The issuance or denial of any license or permit
required hereunder may be appealed to the Finance Committee
of the Bangor City Council by the applicant, or by any
other interested party, within ten (10) days after the City
Clerk renders his decision on the application. Notice of
such appeal shall be filed in writing with the City Clerk
and shall outline the grounds therefore. Upon receipt of
such notice, the City Clerk shall immediately notify the
Chairman of the City Beune£} Co it who shall arrange
for the appeal to be. considezed by the Seuae££ Committee
within fourteen (14) days thereafter at a public hearing
held at the next regular meeting of the Bunnell
Committee, or At a special meeting called for seek that
purposes.
7.1 Scope of Review. On appeal the City Besae£3
Covmittee shall review the decision of the City Clerk
to determine whether the decision was based upon
substantial evidence. The Bease3£ Committee may take
additional evidence with respect to seek the City
Clerk's decision, and shall determine the appeal upon
all of the evidence.
Sec. 8 Suspension or Revocation. A license or permit issued under
this Ordinance may be suspended or revoked by the B£ty
Beeeell----1-,------ Finance ommittee after written
notice of -the propos suspension or revocation and the
grounds therefor and after a hearing beforetheBeane££
Committee. The hearing shall be conducted in the same
manner as hearings on appeals under Sec. 9 above.
Sec. 9 Further Anneals.exhaAsy-Aee£s}es-Pea9ePes-aaaeP-ak}e
BPd£Raaear-a isSom£a£Bthe6FlaanceeCommittee-undB
this Ordi. ce decision by the Finance tV Council
under
this Ordinance D led h CS C it f tl
oview. review Shall be conducted in public
Citass ion at a regular tCouncil etin or at a special
City c 1 t for or that Purpose within 30
days
of the date. Following the t Council'sview
and actinthe anneal, the
decision of the Council may
be appealed to the Superior Court pursuant to Rule BOB,
Maine Rules of Civil Procedure.
t "CORRECTED'.' 94-66
.� Sec. 10 Enforcement. All provisions of this Ordinance and
applicable State Statutes shall be enforced by the City
Clerk. In the event the Clerk determines that enforcement
litigation is necessary, the Clerk shall refer the matter
to the City Solicitor for assistance. she Clerk and the
Solicitor are hereby authorised to commence all enforcement
proce dings they deem necessary, and to prosecute the same
in the name of the City of Bangor without further act of
the City Council. No enforcement action shall be filed by
t Cit o for with respect to a Particular violation
until the time for a 1 d 5 t'e ) b h
emired or while an a al h Financ
Committee oz City C '1 of d
See. 11 Violations. In addition to any action which may be taken
by the City Clerk or the Finance Committee or the City
Council with respect to the denial, suspension or
revocation, es-deaiag of a license, and unless otherwise
provided by ordinance or statute a violation of this
Ordinance shall be a civil violation punishable by a fine
of not less than $50.00 nor more than $500.00 for each
offense. Each act of violation and every day upon which
any such violation shall asses continue shall constitute
a separate offense. All fines shall inure to the benefit
Of the City of Bangor.