HomeMy WebLinkAbout1992-03-09 92-152 ORDINANCEData }09-92 Item No. 92-152
OImIt81LYE, Addfrg a fgee Section 3 to Chapter X of the
tem/Subject: Catle erd Ndirweas of the City of 6vyor-Insntal undut
License
Responsible 0 tment City CaurcII
ponsi eper
Commentary:
❑ rirg last year's h 1di et iaotessr a ItaL3llg Inspecenc positim was eliadreted
in the Nde IDtton t Dffire. Asa vlt, tM City's eff On inspect:
rental ulrut here been xerbrced.
M that time, there asset cHetnn im of establ Lsh; a rental uKt oc vy y
pawit p gmi which mould allw £ox closet xegulatfon for xalfal malts and
Welch world fund this Pzogtan thromp rental ,.a:t Occupancy peadt fees. 49e
Wtle FSsfoxc t Department hes daelopnf a pxcpcsal for Doumil cmeideretim
end fs curtentay raviM y it.
Cwacflor Store tm xe<luesterl that the attacMtl oLHirmce to intcarbx:ed m a
roathod of begimdrg the process of corasid rvg m,^a a pr =.
Sucre the attached Ottlirara:z will tis of Significant interest to lardiards ani
torants and airce it causes i�lications for the staffing levels of the Colo
mifoxcment Dapnreoar[, I would lfke On outafm a proposed prods Four Lliueil
Lunaitl�atim of time pmpoetals.
(NrRtmretl rle d: psge)
a=le.
Manager's Comments:
city m=nuy=.
Associated Informatiom
Budget Approval:
Finluce Director
Legal Approval: n -'
I have been aslmd w review this laoPmal D 1ltumm glad ZJswuLiiur
offer a xevfsai version fe caleidaation. if so, a netirs4�
amend by euteritutimt will be appy yriate at tMt tine.
Introduced For
Passage
❑ Rust Reading Page _ of —
❑Referral
Council Act
92-152
Assigned to Coonciloe Scone March 9,1992
„ CITY OF BANGOR
(TITLE.) N/TbiltMtCP"-Va-Mears cicm 3-m-ampler x- of. the -Code
-arcl-r�++:....,,.�
Of tha City of Ba pr - REaYel Wit Licarea
Bea enidintd by City Cw lof W City of Zea .. ast4w.
Chapter 8 of the lode ml of the City of Ba be a®tlei
hi' adding a m Section (3) P 112.0 as follwsi
92-152
ORDINANCE
,.( TITLE,) Adding a New Section 3 to ChapterYX
In City Council March 9,1992 of the Cade and Ordinances of. the City_
1st Reading
fered to Appropriate of Ranger Rental Unit License
o0�p"tee
_/ CLx C er tntroLsctl and film by
In City Council May 11,1992
Indefinitely Postponed
1
92-152
SCHEDULE FOR
ANNUAL FEES FOR DWELLING UNIT OPERATING LICENSE
SMALL BE BASED UPON PER RENTAL UNIT
AS REQUIRED PURSUANT TO SECTION PM -112.1:
Fees required pursuant to Section 112.1c of the Bangor property
Maintenance Code shall be based upon number of units awned by an
individual party within the same condominium or townhome
building. For example, a party owning 10 units within the same
condominium building is assessed a license fee of
Fees required pursuant to Section 112.16, of said Code shall be
based upon the number of units located upon the same zoning lot,.
parcel or property having the same tax parcel number. For
the same lot is assessed a fee of
ReinspeCtionThere are hereby established reinspection :.
fees associated with dwelling unit licensing authorized by said
Code. The first reinspection performed after the expiration of
the compliance time a set out in the violation notice shall be
performed without any8charge. All subsequent reinspections
necessitated by the continued existence of violations shall be
assessed on the basis of per dwelling unit to be
aspected. NO operating license shall be issued unless said
fees are paid in full.
Cancellation d absentee Fees There are hereby established
unauthorized cancellation andabsentee fees. When an owner or
manager fails to keep a scheduled inspection or fails to cancel
ascheduled appointment by 9:00 a.mon the day of the
appointment, a fee of $25 shall be assessed. Said fee shall be
assessed per building or property; not for each individual
dwelling unit. No operating license shall be issued unless said
fees are paid in full.
Late • There are hereby established late charge
fees. When an owner fails to pay a dwelling unit operating
license fee within thirty days of receipt, a late charge fee of
$10 shall be assessed. said fee shall increase to $25 if not
paid sixty days after receipt. No operating license shall be
issued unless said fees are paid in full.
92-152
Section pM-112.0, Licensing of the operation of dwelling and
roominghouses, inclusive is as follows:
pM-112.1: No person shall operate any of the following
types of dwellings unless he holds a current, unrevoked
operating license issued by the City of Bangor in his name for
the specific named type of dwelling.
(a) Multiple -dwelling or roominghouse of three (3) units o
larger, except those excluded specifically by subsection
(d).
(b) Two (2) or more buildings located upon the same zoning lot,
parcel, or onproperty having the same tax parcel number,
containing three (3) or more total dwellings or dwelling
units, except those excluded specifically by subsection
(d).
(c) Condominium and townhouse dwellings, of three (3) attached
units or larger, where the following conditions are met:
(1) The total number of dwelling units within the
condominium or townhouse complex is fifty (50) or
(2) The total number of rental dwelling mita within the
condominium or townhouse complex exceeds fifty (50)
percent or more.
(d) Exclusion of licensed dwelling units. The following types
of dwelling units shall be excluded from licensing:
(1) All owner -occupied mita.
..(2) All newly'constructed buildings for a time period of
three (3) years after the issuance of a certificate of
occupancy and compliance; after which a license shall
be obtained.
BUILDINGS AND BUILDING REGULATIONS
PM -112.2: Every operating license shall be issued for e
period of one (1) year from its date of issuance unless sooner
revoked, and may be renewed for successive periods of not to
exceed one (1) year.
PN -112.3: The City of Bangor is hereby; authorized upon
application therefor to issue new operating licenses and
renewals thereof, In the names of the applicant, owner,
authorized agent or operator of dwellings and roominghouses.
92-152
Pollcti first reading, the'Ocdirerce skald be xefeaed to Tire itmfcfpal
Operatfow C ttee. � i'®cfttee would xevie tie otdilwx:e w wall w its
staffing ar budWte mVlfcatio:c. Tic few to t cbasged sk�ultl also be
xevieed. SMuld tic Cawittex aM Cwrcil deim m Pursue this p ymn aftm
the Preliminary re cs ce world M= hearing
e si ng Tic public ei ]a befo s be
mtlfiai of tie PrtPosal and a public to Lng Le echsLllsi eu al for tM
[mudcipal Operatlow Cmmlttee or Tie full haucil. 4his will allow for [ub11c
of tke issue prior to final Causil action.
Gtvm the potential impact of this (adiwrce, x telieoe a consfderal pmwss is
esem¢ial for full (buncil cowidetatlon of Le issue im olv .
92-152
PM -112.4: The City may refuse to issue said licenses if
the dwelling or roominghouse is found, after inspection, not to
meet all applicable requirements of this code.
(a) The annual inspection of condominium and townhouse dwelling
unit interiors required by Section 112.1, as well as the
exterior of the building and the exterior premises, shall
be to determine all applicable requirements of this code.
The city may refuse to issue a license if the condominium
r townhouse dwelling unit interior does not meet all
applicable requirements of this code. For condominium and
townhome units that are subject to Licensing pursuant to
Section 112.1, the inspection of interior c area shall
be limited to life, health, and safety violation
PM-112.5: No operating license shall berued or renewed
r
unless the applicant, o agent or operator has first made
application therefor on an application farm provided by the
city.
PM -112.6: no operating license shall be issued or renewed
unless the applicant, owner, operator or agent files with his
application for a license a sample lease form which form must be
used when renting said units. All leases must specify the total
number of adults and children by legal name that occupy each
unit.
PM -112.7: No operating licenses shall be issued or renewed
unless the applicant, owner or operator limits the number Of
occupants se as not to exceed the minimum apace requirements of
section PM -404 of this code.
PM -112.8: The code official shall make an annual
inspection of all structures and premises subject to licensing
under the provisions of this code in order to determine whether
the dwelling or roosiingbouse in
connection with which such
license is held is in compliance with applicable provisions of
this code and with applicable rules and regulations adapted -
pursuant thereto.
PM -112.9: Upon first application for an operating license,
said applicant, owner, operator or agent shall receive a
temporary license for said building(s) for a period not to
exceed one (1) year.
PM -112.10: Except as provided for in Section 112.11(a), no
operating license shall be issued unless the completed
application form is accompanied by payment of a license fee set
out by the city's resolution.
PM -112.11: No operating license shall be issued or renewed
unless the owner designates, in writing to the city, the name of
city resident eighteen (18) years or older as his legal agent
for the receipt of service of notice of violation of the
92-152
provisions of this code and for service of process pursuant to
this code when said owner cannot be found for thirty (30) or
more days, unless said owner so designates that said agent shall
such notice and service in all instances instead of said
ownerVe.
PM -112.12: No operating license may be renewed unless an
application therefor has been made within sixty (60) days prior
to the expiration of the present operating license.
PM -112.13: Each tenant upon signing a lease shall be given
a copy of the operating license by the owoperator or
agent. No license shall be transferable toranother person, o
to another dwelling o n
rihouse. Every person holding an
operating license shall give notice in writing to the city
within three (3) working days after having transferred o
otherwise disposed of the legal control of any licensed dwelling
or roominghouse. Such notice shall include the name and address
of the person or persons succeeding to the ownership or control
of such dwelling or roominghouse.
-- PM-112ri4: Every owner or operator of a licensed dwelling - ---
or inghouse shall keep or cause to be kept for a maximum of
three (3) years record of all leases and of all corrections made
as a result of inspections by the City of Bangor. Every owner
or operator subject to this section shall be notified that such
record may be used in administrative or judicial proceedings
pursuant to the provisions of this ordinance. The City of
Bangor shall upon isuance of a license a required in Section
PM -1123, advise the licensee of the necessity for keeping such
records.
PM -112.15: Whenever, upon inspection of the licensed
dwelling oringhouse, or of the records required to be kept
by section PM -112.14, the code official finds that conditions or
practices exist which are in violation of the provisions of this
code or of any applicable rules and regulations adopted pursuant
thereto, he shall serve the owner of operator with notice of
such violations in the manner hereinafter provided. A temporary
and conditional license may still be issued provided:
(1) The violations do not present a condition of immediate
danger or hazard to the occupants, and
(2) The owner or operator has set forth a plan of prompt
compliance.
PM -112.16: At the end of the time allowed for correction
of any violations cited, the code official shall reinspect the
dwelling orminghouse, and if he determines that such
conditions havenot been corrected, he may issue an order
suspending the operating license. Tenant -caused violations will
not be c nsidered as grounds for suspension of a license as long
as the licensee cooperates in gaining compliance.
92-152
PN -112.17: My person whose license to operate a dwelling
or roominghouse has been refused or suspended shall be entitled
to a reconsideration of the order by the appeal board in the
cancer hereinafter provided by this code. If no request for
reconsideration or appeal reaches the board of appeals within
twenty (20) days following the issuance of the order of
r
suspension, o refusal, the license shall be revoked. except
that prior to revocation any person whose license has been
suspended may request reinspection, upon a Showing that the
violation or violations cited in the notice have been corrected.
PN -112.18: if, upon reinspection, the code official finds
that the dwelling or roominghouse in connection with which the
notice was issued is now in compliance with this code and with
applicable rules and regulations issued pursuant thereto, he
shall reinstate the license.
PN -112.19: No tenant shall commit vandalism in the
building in which the tenant's dwelling unit is located and no
tenant shall permit vandalism to occur in such dwelling unit
violate any of the provisions of the Bangor Code of ordinances.
.. _.. _ Cross
ce - Li cenaea, p rmits an and my acellaneous b r esa
regureference
regulations, fees.