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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. LepM Approwl: SM4uar Inneduted For OPauepe �• C1 First Reeding Pepe_ ot_ ❑ Beprad . UU 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. ce Manager's C/ommen//ts�:// / I� // y� AulY(Bd5 9O S"Wy /C 2J 04GW/B 411 M?jsliLkq�✓i 0/ odaktl¢! Of Y�YY C 1. rr Associated Information:i OdMWr Sudan Approval: N(9 voll Legal Approval ct Sol do, I Introduced For hC PPwage 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.