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Home My WebLink About1994-02-14 94-103 ORDINANCEIntroduced For aa/ fk�/ `ate+6P✓e" D'r� �'� 'passage In ❑First Reeding fbge_of [-]Referral WV' "�-2X' Mus 2 94 Item No.�'-(6 MERE Mlading Chapter X, B . to -108.1 of T]e B] Item/Subject: Acparty Cada - Rbponsible Npartment: � � meet Fare Commentary: The PmPcsed adiitton to PM -108.1 hm been z i by The Iegal ITs PtePose is to Clarify iesuea iaiDed chu:Ltg a recant Buildbg Bond of AppeeIs h iag. Playse ate avtc� mem from Bane Shibles, Assistant City solicitor. Ma,wger's Conorron ntr)o)-1 IK /J%dW[G IIY// l �/ CYy Mane Associated Information: mtfbr, Ikm Budget Am roeal: Fimua'e Din Lepel Approval p NAMINS SPMsaYl1� /s%g/. .!rlsu, ysai , Oh bk - rv� Introduced For aa/ fk�/ `ate+6P✓e" D'r� �'� 'passage In ❑First Reeding fbge_of [-]Referral As AMENDED Amipmd to fuunalor Cohen February 14. 1994 CITY OF BANGOR Amending Chapter S, Sect M-108.1 of the (TITLE.) 0"Nimm, . AOM Property Maintenance Code Be iE or'kiwd by W Oft Ccummaor&Re City o(Bmngor, w (mems.' (13) Section PM -108.1 is ameaded by the addition of the following sentence: PM -108.1 Vacating Structures: In addition to the enumerated circumstances in the ROM Prose t e Code 1990 thereto, the Code QLfjgjgj My Ryder as ispadiate vacating of any Part of, ag all E structure col" water supply. or sem service, or has valfunctioning electrical service or has been substantially damped due to fire or natural disaster, then the Code Official Protect the public health safety or welfare. Asp n,.�gnaam coPocgo. (�lvn RLwa�,v, ifyy CITY OF BANGOR Amending Gapter %, Section PM 108.1 of the (TIRE.) MXDCXr............ ....... _._ ....... _.. MOCK Property Maintenance Coda Sky City Caused Of the City Of Beeper: ORDERED. My (13)Section pM-108.1 is amended by the addition of the following sentence: pM-108.1 Vacating Structures: In addition to the en rated a umstances in t C dmcnts heCode official my order a imadiate vacating of my Part of, or all of, a after me hi h c its nsource f beat, water supply. or sewer service, or has malfunctimino al service or has bem substantially damaged due to fire or natural disaster, when the Code Official determines that such imediato action is necessary to protect the Public health safety or welfare 94-103 Amigned to Comedo. Chen February 14, 1994 CITY OF BANGOR (TITLE.) (Drl}£ra--- ---....... AmB°ding Cha pte I r X, se11 ctron PM 108.1. of the SOCA Proverb Maintenance Cede By the City Couneit of 94 Cite afDarear: ORDERED, THAT Chapter X, Section PM -108.1 be amended as fellows: PM -108.1 Vacating Structures: In addition to the enumerated circumstances in the FCC& Property Maintenance Code/1990. or subsesuent amendments thereto, the Code nt Officer Lia a vacating of un Part of 1 of water, water supply. or sugar service, or has malfuractioning electrical service or has be= substantially deepened due to ire or natural disaster. Men, in the opinion of the code official, there is actual and immediate danger or failure or collapse of a structure which would endanger life, o when any structure has fallen and life is endangered by the occupancy of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes orvapors or the presence Of toxic forces, gases o materials, o use of defective Or dangerous equipent, 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 mein entrance to such structure a notice reading as follows: "This structure ieusafe and its us 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. 94-103 IN CITY COUNCIL O R D E R February 14, 1994 First Reading Referred to Title, Appropriate Committee ff y_ Amending h Capter %, 8acitan PM -108.1 of CITY C PC the BOCA Property Maintenance Code. ...............................�4 ......... IN CITY COUNCIL 9,4'46. . , /I6 Y V// February COUNCIL 1994 (�'tQ ti kY9.tf!N Amended as Follows: Revise Title From AetlB:M to "OATEN" to "ORDINANCE". Also Amended by addition of the fallowing sentence: "In addition to the enumerated circumstances In Councilman the BOCA Property ,Maintenance Code/ 1990, or subsequgnt amendments thereto, the Code Official may order an immediate eating of any part of, or all of, a structure which loses Its s of hest Doling. hot water, water supply, or sewer service, r has malfunctioning electrical service or has been substantially damaged due to fire or natural disaster, when the Code official determines that such immediate action is necessary to protect the public health, astray or welfare." - First Reading Referred to Appropriate Committee i CITY E&I( IN CITY COUNCIL March 16, 1994 Passed as Amended Amendment Asserted in the Minutes of February 38, 1994 Meeting 06lC i gRF 94-103 MEMORANDgM TO: Dan wellington, Acti Oo a Enforcement Officer N FROM: Bruce N. Shibles, . City Solicitor RE: PM -308 and PM 119.5 DATE: February 1, 1994 Two additional issues have come to my attention as a result of the recent Building Board of Appeals proceeding. The first has to do with when a building may be closed immediately in an emergency (PM-1OB) and the second has to do with the policy Of staggered reoccupancy of placarded/condemned apartment buildings (PM -119.5). With regard to the first issue, PM -108.1 lista specific situations which must be in existence before a structure can be ordered vacated immediately. Only the situation 'use of defective r dangerous equipment" could possibly be used to cover nonstructural or nonexplosive/toxic fume situations. However, it could be argued that once, for example, a boiler or het water heater breaks down/blows etc. the equipment is no longer being used and thus there is no need for an emergency vacating order. I would suggest that a amendment to that section be considered as follows (or using milar language): PM -108.1 In addition to the enumerated circumstances in the BOCA Property Maintenance Code/1990, 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 a service, or has malfunctioning electrical service orrehas been substantially damaged due to fire or natural disaster. With regard to the second issue, I believe the City's policy which aaentially allows reoccupancy o apartment by apartment basis provided all common area or building wide violations have also been corrected is entirely consistent with PM -119.5. My only caution is that it be made clear that it is a temporary Certificate of Occupancy that is being granted and that the final Certificate of occupancy not be issued until all violations have been addressed. If you'd like to discuss either of these issues, please feel free to contact me. Thank you for your time and consideration. - to