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Home My WebLink About1992-04-27 92-226 ORDINANCEIntroduced For ED passage ❑First Reading Par _ of Referral Date April 2>`, 1992 Item No. 92-226 Item/Subject: -Ordinance; Adding a Nov Section 3 to Chapter E of the Codes and Ordinances of the City of Bangor Citation System of Code Enforcement. Responsible Department: Code Enforcement and Fire Prevention Commentary: The purpose of this Ordinance is to provide additional and alternative methods of enforcement to protect, preserve and onhance the public health, safety and general welfare of the citizens of Bangor. Managers Comments: Ciq Mumffir Associated Information: Budget Approval: Few," Isrect" Legal Approval City Solicimr Introduced For ED passage ❑First Reading Par _ of Referral 92-226 Aeeitlmd to Comeffor Seal April 2]')1992 CITY OF BANGOR (TITLE.) VI1r11MMM, Adding a New Section 3 to. Chapter Y of the Codes and Ordinances of„the city o£,Bmgos Citation. Syptam of 4pde.4pforcement,_.._ Be rt ordained by the City Commil of the City dBaegor, or Ailoms: Chapter F of the Codes and ordinances of the City of Banger be amended by adding a new Section (3) PM 1120 as follows: Section PM -112.0 hbniigability This Section shall provide a method for enforcing and securing compliance with the various provisions, codes and ordinances adopted by the City of Bangor. Section PM -112.1 Investigation Upon receipt of information indicating the likelihood of a violation of any provision of this Code or ordinances adopted by the City of Bangor, the Code enforcement official shall investigate the facts and may make an inspection of the premises when legally authorised to do so. Section PM -112.2 Citation If the investigation reveals that a cede violation has occurred, the enforcement official my give a written citation of such violation to the person, firm or corporation (hereinafter Violator) having control of any land, building, structure, sign, licensed or permitted business or operation which is in violation and order that the violation be corrected. The Citation may be served in hand to the violator or left with a person of suitable age and discretion at the residence or place of business of the violater or milled by certified mail, return receipt requested, to ILLS last known address. if the return receipt is not returned, the citation shall be conclusively presumed to have been served if it is also sent by regular ail, postage prepaid, which is not returned as undeliverable by the postal service. In the. event the enforcement official finds that the violation is one which requires immediate correction to protect the public health o safety, he may provide the citation hereunder by means of telephone or facsimile transmission to the violator or to a person of suitable age and discretion at the residence or place of business of the violator. 92-226 Section PM -112.3 Content of citation The citation shall be in writing, shall describe the nature of the violation, including the ordinance section violated, and shall state the date by which the violation must he corrected, that a civil penalty in the amount specified under Section 112.5 of this chapter iassessed for the violation, the date by which the penalty moat be paid andtoand the consequences of failing to pay the penalty within the period stated. The Citation shall state that additional penalties will be imposed if the violation is not corrected within the ties period set forth in the first citation and any additional citation may be issued for the seesv iolation. The citation shall also state that all penalties are emulative. Section PM -112.4 Time Limits for Corrective Action The time period specified in a citation within which a violation must be corrected shall be reasonable taking into consideration of the following factors: a. The threat posed by said violation to the health, safety and welfare of the public; and b. The nature of the work required to correct the violation; and C. My notice period given to the violator in a previous citation for the same violation. Section FM -1125 Penalty The following civil penalty shall -be imposed upon issuance of citations: First Citation - $100.00 Second Citation - $200.00 Third Citation - $400.00 Fourth and Subsequent Citations - $800.00 The civil penalties imposed are cumulative. Section PM -112.6 Interest and Enforcement of Fines All civil penalties assessed by citation shall be deemed due and payable within five days after the date by which the violation was ordered to be corrected. All civil penalties not paid when due shall bear interest at the same rate imposedfor late payment of City property taxes. Any civil penalty assessed by citation, when paid in a timely fashion, shall be deemed an admission of the violation for which the penalty was assessed and shall be deemed as a waiver of the right to trial as to the violation by the person of persons cited. Acceptance of such payment by the city of Bangor, if tendered in a timely fashion by the violator shall bar the City from taking further legal action with respect to the violation, provided the violation is corrected within the time specified by the City's Code Enforcement Officer. If any civil penalty assessed by citation is not paid in a timely fashion, the Code Enforcement officer or City Solicitor may initiate legal action to impose and collect the fine, as provided in Section 1128 of this Chapter. 92-226 Section PM -112.7 If the violation has not been corrected within the time specified in the first citation, the enforcement official may is second citation. The Gond citations shall contain the sameinformation set forth in the first citation regarding the nature of the violation but may do so by reference to the first citation. It shall also state what additional penalties have been imposed for the second citation. The s cond citation shall also state the continued failure to correct the violation may result in the issuance of further citations and shall indicate the penalties provided forthe of subsequent citations. The time limits specified for correcting the violation nay he the same as that allowed in the first citation or may be altered if there has been a change in circurmstances. The same procedure shall be followed with regard to the issuance of subsequent citations. Section PM -112.8 Civil Proceedings If the violation has not been corrected within the period established in the citation the Code enforcement Officer or City Solicitor may initiate appropriate legal proceedings to compel the violator to correct the violation and seek other relief to which the City may be entitled. Such legal proceedings may include the initiation of a land use Complaint pursuant to Rule BOR of the Maine Rules of Civil Procedure and 30-A M.R.S.A. 54452, as amended. The amount of any fine sought by the City in the course of such legal proceedings shall not be less than the amount of the fine speclff ed in the original citation. Section PM -1129 Repeat Violations A violator who has been previously served with a notice of violation with regard to a specific violation shall not be entitled to receive any further notice of the same violation if it i repeated. If the enforcement official determines that a violator has repeated the seems violation, he may proceed in accordance with PM 112.8 without further notice. Section IM -112.10 Appeals Appeals from a determination by the enforcement official that a violation of the Code has been committed may be taken to the Board of Appeals in accordance with the specific provisions of the particular ordinance alleged to have been violated. An appeal filed in accordance with the provisions of a particular ordinance shall not be deemed to stay or suspend operation of any placard notice, order to quit, or other order issued by the City's Code Snforcenent Officer for the purpose of preserving the immediate life and safety of any inhabitants of the City of Bangor or member of the general public. Section PM -112.11 Effect on Other Ordinances This Article does not supersede or repeal any other provision of the Code, except as provided in Section 1126, this Article does not preclude the initiation of any other legal proceeding which my be authorised by applicable State or Federal laws. 9�6 ORDINANCE In City Council April 27, 1992 TITLE ' Adding a new: C.,SStoe 3 to Chapter X of the Codes end Ordinances of .ie City First Reeding refered to of eengor Citation syakmn of Cade Enforcement appropriate Canolttee Amiga a to City Clerk gyp,. algin In City Council May 11,1992 Passed Vote 9 yes voting yea Baldacci, BLanchette,Cohen,0ragg, Frankel,Savyen5axl, Soucy stone ity Cl