HomeMy WebLinkAbout1990-03-12 90-118 ORDINANCE�nw Actino
DM April 3, 1990 Item No.
Item/SvbjM: Amending Chapter. VIII If the. Ordinances of the City
of Bangor -- Zoning. Ordinance - C.O. $ 90-117.
IlmponsUe pepertmmsto
G tory.
The Planning Board held a Public hearing on the above noted
zoningamendment at its regular meeting of April 2, 1990.
No one spoke either. in favor of or in opposition to the amendment.
Planning Officer Lord explained this "housekeeping" ame
the Planning Board. ndment to
The Planning Board voted 5 to 0 in favor of a motion to recommend
to the City Council that C.O. 9 90_117 be approved.
"t Bass
Mmper t Comments, rr
Anocntad to/ormeaon: —
Budget Apprwet.
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Inneduted For
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Date y3 -I2 -90Y
Item No. 90 118
Item/Subject Amending Chapters I, II, IV, V,
VI, VII, IX, X, .XI,
XII and XIII of the Ordinances
of the City of Bangor
Responsible Department: Legal
Commentary:
The provisions of Title 30, MRSA, have been revised and
codified in a new Title 30-A. The purpose of this
ordinance amendment is to simply update the
statutory
references cited therein to conform with
the new
provisions in. Title 30-A.
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Associated Information:i
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Legal Approval
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Introduced For
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oXt Reading page —of—
❑ Referral
90-118
Awigned to Cowcilo` Cohen, March 12, 1990
CITY OF BANGOR
(TITLE.) M1'Ymurtu, Amending_ Chapters I, 11, Iv, v, y1, yxl, Ix,
X, XI, XII and XIII of the Ordinances o£ the City of Bangor
a. u adaaw 6r uw as cwwnarw ca aranaw., a. ravam.:
(1) THAT Chapt. I, Art. 4, Sec. 4, Suosec. 4.4 be amended to read,
as follower
"4..4 State Law Aoolicable. In addition to the standards
ectaliahed by this Ordinance,
the requirements of 30-M.R.S.A.-5-4966 30-A
M.R.S.A. 6 4452, when applicable, shall apply to the
determination of penalties for violations of the
Ordinances of the City of Bangor. -
(2) THAT Chapt. I, Art. 6, Sec. 3, Sabsec. 3.1 be amended to read,
as follows
"30-ARM.R.S.25}__few€}€ase-a€-£s5of In
30-A M.A.S.A. 6 2605 Conflicts of Interest -
3P-MASA-6-48}S__£ewesesf-a€M.R.S.e-0€€}a}a}et
Interest-er-Public Of 30-A Officials.
rust a 5122
' IntereaC Q(�gj�ir Officials.. Truagggg. or RmDlovaae"
(3) THAT Chapt. I1, Art. 3, Sec. 5 be amended to read, as follows%
'Sec. 5 Board of Asseaament Review. Pursuant to
them is here -535}
established
30-A M.R.s BA.oard
a 2552(2), there £s hereby
established a Hoard of Assessment Review. .
-2- 90-118
(4) THAT Chapt. II, Art. 40 Sec. 4 be amended to read, as follows:
"Sec. 4 Records Retention. All records of the City of
Bangor shall be retained and
disposed of in accordance with regulations
issued by the Mwm£e£pe} Local Goverment
Records Board pursuant to 38 -MRSA -§§-22}}
et -sear 30-A M.R.S.A. §§ 1701 at sea. For
purposes of this ordinance, the term "record"
shall mean all documentary material, regardless
of media or characteristics, made or received
by a municipality in accordance with the law o
regulation or in the transaction of its official
business."
(5) THAT Chapt. IV, Art. 2, Sec. 4(c) be amended to read, as
follows:
Lunch Wagons 3g-MaA=6rA.-4-3}g} 30-A M.R.S.A, 5 3931
Closing Cut Sale 30-X R"vAv-§-258}-m-eeq 30-A M.R.S.A.
§ 3781 at sec.
Innkeepers 38-M.R.9.A.-§-2103-A 30-A M.R.S.A.
S 3811
Victualers 38-M.R.9.A.-§-2483-A 30-A M.R.S.A.
Tavernkeeper 38-H.R.S.A.-5-2;61_e6-seq. 30-A M.R.S.A.
1
Transient Sellers of Commercial Merchandise 3g-M.R",A.
§_2}6}t6jtpj 32 M.R.S.A. 6 4683
(6) THAT Chapt. N, Art. 11, Sec. 10 be amended to read, as
follows:
"Sec. 10 Appeal procedures. A licensee whose request
for a special amusement
permit has been denied, approved with
restrictions, or revoked or suspended, may
shall be governed by the provisions of
38-M.R"vAv-§-24£1-3_Q-A M.R.S.A._§ 2691,
ekcopt that a-quorm shallrequire. . . .
(7) THAT Chapt. V, Art. 1, Sec. 15, Subsec. 15.1 be amended to
read, as follows
"15.1 Authority. This section is enacted pursuant to
the City of Bangor under the
Constitution of the State of Maine, the City
charter,
}8-MRSA-§-}384M.R.S.A. 9 18;-88;30-A M.R.6.A.
9 3001 and 38 M.R.S.A. c 1304-B."
-3-
(8) THAT Chapt. V, Art. 2, Sec. 2 be amended to read, as £ollowe:
"Section 2 State of Pis, ae Rulee end Regtl3ationg
Adootgd.. In accordance with 3G-NR6A-5-2356, jD-IA
M.R.S.A. S 3003, the State of Raine ^Ruleg Relating
to Catering Establishments" adopted by the State of
Maine Department of Human Services, effective January
1, 1987, in accordance with 22 M.R.S.A. S 2491 at seg.,
are hereby adopted and incorporated in their entirety
as if fully 'set forth herein...
(9) 'THAT Chapt. V, Art. 2, Sec, 3, Subset. 13.4 be amended to
read, as follows: _
•13.4 iviL-pSjM}tioa. The requiremonte of
9-4966 3U-A M.H.S :A. S. 1452
shall apply to the determination of penalties for
violations of this Ordinance. .
(10) THAT Chaps V, Art. 3, Sec. 1 be amended to read, as follows:
"Sec. 1 License reunited. In accordance with
no
person sh-33G3
,f�M.R.s.v 3931, no person shall operate or
maintain a vehicle aforny the axle of food of any
type rtaiowned on any public wen or any
property awned by the, City of Hanger .
(il) TMAI Chaps. V, Art. e, Sec. 2 be amended to read, as follows.:
"Sec. 2 Nicotine Minimum Facilij:A�gJfiVAKLou
occnp, ne�.ieq. In accordance with Tisza-3G
M.R.6.Aw-See6ieA-2396,
30-4 M.R.S.A._3003, as amended, the minimum
planting facilities, contained in Appendix
A, Stave of Maine Internal Pl,wioing Rules,
(12) THAT Chapt. 9, Art: <, Sec. 3-be, amended to read, as follows:
"Sec. 3 The following in adopted purauaut to. 4.1%30-397
e"9s£62=3}38-30-9 M. R_.ai�jQQ as amended,
by way of clarifination to the meaning of Section 1R1(c)
Of the state Of Maine internal
(13) THAT Chapt. V, Art. 6, Sec. 7 be amended t0 read, as follows:
"Sec. 'I - Civil Penalties .. mhe requirements of
30-M.R,S.A.-5-4966 30-A M.R.S.A.W 4552 shall -
apply to the determination of penalties for violations
Of this Ordinance. . . .
-4-
(14) THAT Chapt. Vi, Art. 14, Sec. 3 be amended to read, as
follows:
"Sec. 3 Maintenance of Public Streets and Sewers. All
public streets in the City shall receive regular
maintenance at the sole cost of the City so as to
be safe and convenient for authorized users of such
Streets asrequired by 23 M.R.S.A. 5 3651 and as
otherwise required by law. All public SewerS shall be
maintained at the sole cost of the City so as to permit
sufficient antl suitable flow for all drainage entitled
to pass through them as required by 36-M,R,6,A,-S-4363
30-A M.R.S.A. a 3403 and as otherwise required by law."
(15) THAT Chapt,. VI, Art. 14. Sec. 5, Subsec. 5.1 be amended to
read, as follows:
1-5.1 In General. Whenever the City lays out a new
public street, or widens, improves whenever
the City acquires land for a new public sewer, the
City Council shall determine and pay damages if any,
in accordance with 3Q-M,R,6,A,-S-4362 30-A M.R.S.A.
c 3402. Whenever the City constructs a new public
sewer, the City Council shall determine . with
30-M,R,6,A,-55-4461_4466 30-A M.R.S.A. 55 3441-3445.
Except as otherwise required by law, the assessment
(16) THAT Chapt. VI, Art. 14, Sec. 5, Subsec. 5.1.2 be amended to
read, as follows:
"5.1.2 Extension of the City Sanitary Sewer System.
2. All coats of said new sanitary sewer shall be assumed
by the City, unless it can be shown that any properties
are benefited. Up to fifty (50%) per cent of the
coats will be assessed and collected in accordance
with 39-M,R,6,A,-99-401_4456 30-A M.R.S.A. 66
3441-3445 against the properties benefited upon
completion of the work end acceptance of a final coat
report by the City Council., -
as follows: , ... .• ..a. .• .•...oa. .,e .,.�....a.f.v—
"5.2 Deferred Assessments. Unless otherwise authorised
by law, the assessments against benefited properties
as determined by the City Council, shall not be
deferred. on such conditions as may be
authorized under 40-M,R,6,A,-S-4463 30-A M.R.S.A.
6 3444."
-5-
(18) THAT Chapt. VII, Art. 3, Sec. 1 be amended to read, as
follows:
'Sec. 1 Mechanical Code Adopted. In accordance with
3gCA National d}g6
30-A M.R.S.A. 6 3003, the BOLA National
Mechanical CMe/1987, Sixth etlition, .
(19) THAT Chapt. VII, Art. 3, See. 1(8) be amended to read, as
follows:
"(8) Section M-117.4 is deleted in its entirety and
replaced with the following:
M-117:4 Civil Penalties: The requirements of. 30
M.R.S=A.-5-4956 30-A M.R.S.A. 4452 mall apply to
the determination of penalties for violations of this
Ordinance. . . .
(20) THAT Chapt. VII, Art. 4, Sec. 1 be amended to read, as
follows:
"Sec. i Intent and Purpose. This Ordinance is adopted
in accordance with the
Charter of the City of Bangor, and pursuant to
the legislative authority vested in the City by
virtue of Tlt}e-307-Ma}se-Rev}sed-StatuSea7-
6ee6}ewe-}9}a_aad_d}6}_F3i_f6} 30-A M.R.S.A.
55 3001 and 3007, and acts amendatory thereto,
for the purposes of preserving, protecting, and
enhancing buildings and places. . . .
(21) THAT Chaps. VII, Art. 4, Sec. 13 be amended to read, as
follows:
"Sec. 13 Penalties. Penalties for violations of this
Ordinance shall be imposed in
accordance with d0-M.Rvg.A.-5-4966 30-A
M.R.S.A. 6 4452. each day such a violation
is permitted to exist, after notification by
the Code enforcement officer, . . . .
(22) THAT Chapt. VII, Art. 9, Sec. 1 be amended to read, as
follows:
"Sec. 1 Adopting National electrical Code. In
accordance
with 4!}t}e-dB-M.R.6.A.-5-g}§6 30-A M.R.S.A.
53003, as amended, the "National Electrical
Code 19871-, 1987 Edition, designated as. . . .
-6-
(23) THAT Chapt. VII, Art. 9, Sec. 7 be amended to read, as
follows:
"Sec. 7 Civil Remelting. The requirements of
39-M.R.B.A.-5-4966
30-A M.R.S.A. C 4452 shall apply to the
determination of penalties for violations
of this Ordinance. . . .
(24) THAT Chapt. VII, Art, 10, Sec. 1 be amended to used, as
follows:
"Sec. 1 Adopting Life Safety Code. In accordance with
39-M.R,SvA.-5-31Si
-30-a M R S.A. 6 3003 the "Life Safety Code 1988",
1988 edition, designated as . . . . -
(25) THAT Chapt. vii, Mt. 10, Sec. 4 be amended to read, as
follows:
°Sec. 4 Civil Penalties. The requirements of 39
M.R.S+A.-6-4966 30-A
M.R.S.A. s 4452 shall apply to thedetermination
of penalties for violations of this Ordinance.
(26) THAT Chapt. VI, Art. 14, Sec. 1 be amended to read, as
follows:
"Sec. 1 Fire Prevention Code Adopted. In accordance
with 30-MrR,S.Av
5-2456 30-A M.R.S.A 3003, as amended, the
"SOCA National Fire Prevention Code, Seventh
Edition, 1987" as published .
(27) THAT Chapt, VI, Art. 14, Sec. 2(1) be amended to read, as
follows:
"Civil Penalties, The requirements of 30-M.R.6.A.
5-4966 30-A M.R.S.A. c 4452 shall apply to the
determination of penalties for violations of this
(28) THAT Chapt. VI, Art. 16, Sec. 2.5 be amended to read, as
follows:
'Sec. 2.5 PENALTY The failure or refusal of any
person to obey an order of Director of
Code Enforcement , in accordance with
39-M.R:S.A�-Sees1en-4966 30-A M.R.S.A,
9 4452. Each day such a violation .
-7-
(29) THAT Chapt. Is, Sec. 1 be amended to read, as follows:
"Sec. 1 Building Code Mooted. In accordance with
9!#fi}e-60t-6eefi#eR
1966r-Ma#se-Rea}eed-63003, amended,
'The
}954 30-A BasicM.R.S.A.
national
6 3003, as amended,
"The BOCA Basic National eullding Code/1907",
(39) THAT Chapt. IX, Sec. 3 be amended to read, as follows:
'Sec. 3 Dwelling Code Adopted. In accordance with
�}fi}e-3Bt-beet#ea
3}56rMa#ae-Rev#eaA-63003, as amended, t6
}964 jQ_a M•H •�$,�A.,,g�p�3, as amended, the
EOne and Two Family Dwelling Code", Second - --'
Edition. .
(2) Sec. R-106 Civil penalties. The
requirements of 39-X.R.S.A.-5-4966
30-A X.R.S.A. i 4452 shall apply to the
determination of penalties for violations
of this Ordinance. . . .
(31) THAT Chapt. 8, Sec. 1 be amended to read, as follows:
"Sec. 1 Existing Structures Code Mooted. In accordance
with 40
M.R.S.A.-9-6166 30-A M.R.S.A. 6 3003 "The
BOCA National Existing Structures Code/1987,"
Second edition, published by . . . .
(32) THAT Chapt. 8, Sec. 2 be amended to read, as follows:
'Sec. 2 Amendments to published Version. "The BOCA
National
Existing Structures Cade/1907" is adopted in
its published form as if fully set forth
herein, except as follows:
(3) Section ES -110.2 is deleted and replaced
with the following:
ES -110.2 Penalty penalties for violations
of this Ordinance shall be imposed in accordance
with 30-X.R.6.A.-6-4966 30-A M.R.S.A. 6 4452.
Each day such a violation is permitted to exist,
after notification by the Code Enforcement
Officer, shall constitute a separate offense."
(33) THAT Chapt. XI, Art. 2, Sec. 1, Subsea. 1.1 be amended to
read, as follows:
"1.1 Mobile Home. A structure which conforms to all
standards of construction, design,
and performance adapted pursuant to the National
Mobile Home Construction and Safety Standards Act
of 1974 (42 U.S.C. SS 5401 at seg.), the State of
Maine Manufactured Housing Act (10 M.R.S.A. SS
9001 at seg.), s-Eqe-6Ea€e-a€-xa}ne-£AAaeEeia}#ee9
Mesa}s§_Aaw-139-M.R.6.Av-§$-431}_eE-aeq.j, or any
successive legislation or standards. .
(34) THAT Chapt. XI, Art. 3, Sec. 1, Subsec. 1.5 be amended to
read, as'fcllbws:.
"1.5 No mobile home shall be located or occupied in
the City of Bangor unless the mobile home conforms
to all standards of construction, design, and
performance adopted pursuant to the National Mobile
Home Construction and Safety Standards Act of 1974
(42 U.S.C. §S 5401 at seg.), the State of Maine
Manufactured Housing Act (10 M.R.S.A. §§ 9001 at
seq.), ee-Eqe-6EaSe-a€-Ma#ae-£a9aeEe#a}#ae9
any succEaw-E38-egislation o43s#_ed-se§.j, or
any successive legislation or standards. .
(35) THAT Chapt. XI, Art. 8, Sec. 3 be amended to read, as
follows:
"Sec. 3 Civil Penalties. The requirements of 30
M.R.S.A.-$-4966 30-A M.R.S.A.
S 4452 shall apply to the determination of
penalties for violations of this Ordinance.
(36) THAT Chapt. XII, Art. 4, Sec. 1 be amended to read, as
follows:
•'Sec. 1 Municipal Reviewing Authority. In accordance
with RQ-M.R.S.A.
shall be the municipal reviewing authority.,-
(37) THAT Chapt. XII, Art. 5, Sec. 1, Subset. 1.1 be amended to
read, as follows:
•1.1 Subdivision. The word "subdivision" as used in
this ordinance shall be interpreted as defined in
39-M.R"6 Av-5-49661£+ 30-A M.R.S.A. 5 4401."
-9-
(38) THAT Chapt. XII, Art. 5A, Sec. 1, Subsec. 1.10 be amended to
read, as follows:
•1.10 Approval of a subdivision under this section
does not constitute subdivision approval under those
provisions of this ordinance fulfilling the requirements
of 39-M.R.6.A.-6-4966 30-A M.R.S.A. 66 4402-4407."
(39) THAT Chapt. XII, Art. 14, Sec. 2 be amended to read, as
follows:
"Sec., 2 Penalties. Penalties for violations of this
Ordinance shall be imposed in
accordance with 99-M.ReS.A.-$-4966 30-A
M�A,SS.A.$44;12. Each day such a violation
is permitted to exist, after notification by
the Code Enforcement Officer, shall constitute
a separate offense."
(40) THAT Chapt. XIII, Sec. 1 be amended to read, as fellows:
"Sec. 1 Floodplain Management Ordinance Adopted. In
accordance with
30-A M.R.S.A. 6 3003,
as amended, the "Floodplain Management Ordinance
for the City of Bangor, . . . .
11
(41) THAT chapt. XIII, Art. X(A) be amended to read, as follows:
A. It shall be the duty of the Code Enforcement Officer
to enforce the provisions of this Ordinance pursuant
to 69 -MRSA -6-4966 30-A M.R.S.A. a 4452."
90-118
ORDINANCE.
In city council March 12,1990 Snead
ing Chapters I,II IV V VI ��..
let Reading ( TITIE,I
�,-'VII, IX,X ,X L,`%EI aid %III of the O di &-A
Y
Cit C Flerk�,�
.. of the City of Hangor
IN CITY COUNCIL
March 26, 1990 Mmp:ed to
Passed by the following yes
and no votes. -
Councilors voting yes: �. Mt4�
Baldacci, Blanchette,
Cohen, England, Seal, Soarers,
Stone and Sullivan.
Mayor Sawyer absent.