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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_ Eej-that-Eqe-egg}#seat-qae-@azd-a}}_pea}_Paha€e-sad pepeena}_ppepep£y-Eeaest-eewep-veep-€ees-aeN-eEgep 9eBEe-ewe4-Ea-Eqe-f#Ey-a #s#sg-eas-a€-ep-#Aeappe4-aE Eqe-Peen#see-By-p9ases-e€-Eqe-aeE#v£Ey-Ee-Be-}#eaasaN e;-gene#EEeA-wdep-Eq#e-Bab#asnee� 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.