Loading...
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.