HomeMy WebLinkAbout1981-05-27 81-183 ORDINANCE^�v el_183
Sntroluced by. councilor Baldacci, pay 27, 1981
CITY OF BANGOR
(TITLE.) (orbhUatCCf. Adopting Boa, Basic.Troperly mintenance, Cod /1981 ............... .
Boll ordaiaad by W City Cowart of W City of Damage, aafoYowa:
THAT the provisions of. Sections 1 and 2, Chapter X Of the Ordinances of the
City of Bangor are hereby repealed and replaced .with the following:
Sec. 1 BOM Basic Property Mafutename Code Adopted. In accordance
with 30 M.R.S.A.
$ 2156 'The WCA Basic Property. maintenance Code/1981', Second
Edition, published by the Building officials & Code Adminl-
stratora International, Inc., is hereby adopted as the property
Maintenance Code of the City of Bangor for the control of
buildings and structures as herein provided] and each and all
of the provisions of said Code are hereby referred to, adopted,
and made a pert hereof, as if fully set out herein, except as
follows:
-Sec. 2 Amendments to Published Version. Said property Maintenance
Code is adopted in its
published form as if fully set forth herein, except as follows:
(1) Section PM -100.1 is deleted and replaced with
the following:
PH -100.1 Title; These regulationsshall be known
s the property Maintenance Code of the City of Bangor
hereinafter referred to as the property maintenance
code or 'this code."
(2) Section PH -109.2 is deleted and replaced with
the following:
PH -109.2 penalty: Any person, firm or corporation, who
shall violate any provision of this code shall be guilty
of a civil violation and subject to a fine of not sure
than $500 for each violation. Each day that a violation
sootiness shall bedeemed a. separate offense.
6- Ea City Council Nay 27V1981
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TITLE.) Adyting COCA Basic property '= MAV 1$ A9;16
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Suggested Amendments m Council Order 81- 183
[1) Addition of Paragraph (la) to Section 2 of Council Order
81-183, as follows:
(la) Section PM -106.3 is hereby amended by the addition
of the following sentence to the and thereof:
For the purpose of this Section, the termi-
nology sell, transfer, mortgage, lease o
otherwise dispose of shall include the
execution Of a land sales contract or -
similar agreement.
(2) Addition of the following sentence to the end of proposed
PM -109.2:
All fines collected hereunder shall inure to the City
of Sensor.
[3] Changing the word "ten" in the second sentence of the
Proposed PM -110.2.1 contained lo Council Order 81-183
to the word "thirty".
(5) The definitions, of "Building Official' and "Enforcement
Officer' as provided in Section PM -201.0 are deleted and replaced win
the following:.
Building official: Zoning and Cade Enforcement
Administration Officer of the City of Bangor.
Enforcement officer: Zoning and Code Enforcement
Admtaistration Officer of the City of Burger.
(6) Section PM -301.4 is deleted aM .replaced with as following:
PM -301.4 -Insect and Rodent Control: Every owner
of
structure or property shall be responsible for the
extermination 0£ insects, mdeutey vermin o other
peace -in all a of the premises except that the
occupant shall be responsible for such .extermination
in all areas of the premises of asingle-family
dwelling.
(7) Section PM -802.2 is deleted.
(8) Bossism PM -802.4 is deleted.
(3) Sections PM -110.2, PM-110.2.ls PM, 110.2.3, add
PM -110.3 are deleted and replaced with the following:
-TM-110.2 Appeals. Board: In order to protect existing
structures in the City of Bangor byvigorous enforce-
ment of the provisions of thiscode, there shall be
and is hereby created a Property Maintenance Code Appeals
Board, hereafter referred tows the Board, consisting
of five (5) members who shall be residents of the City
of Bangor and appointedby the City Council. The members
shall elect a chairman. All members serving on the
Housing Appeals Hoard at the time This Ordinance i
adopted shall remain on the. Property Maintenance Code
Appeals Board until their terms. expire. The Board may
adopt from time to time such written rules and regulations
s it may deem necessary to carry into effect the pro-
visions of this Ordinance. All. meetings of the Board
shall be open tothe public. A quonum shall crucial of
four (4) members. The Board shall. keep minutes of Its
proceedings, recording the vote of each. meIDer upon each
d
question anindicating mead
ger
the absence or failure to vote
of any member. The final disposition of appeals shall
be recorded by resolution indicating the:: Board's reasons,
all of which shall be a public record.
PM -110.2.1 Board Procedures At such hearing the
petitioner shall be given an opportunity to be heard
and to show why said decision or interpretation should
be modified o d. The hearing will be commenced
not later Cher reversed.
10) ova after the date on which the
.3O--�j
appeal case fi aired, that upon application of the
petitioner or the Zoning and Code Enforcement Administration
Officer said .hearing may be postponed to a date as may be
established by the Chairman of the Board. After said
hearing the Board shall give written notice of its decision
to the Zoning and Code Enforcement Administration Office[
and tothepetitioning party. Any person aggrieved by the
decision or the order of the Board may appeal to the
Superior Court in accordance with Rule SOB, M.R.Civ.P.
The Zoning and Code Enforcement Administration Officer
shalt appoint one member of his staff to serve as secretary
for the Board.
(4)
Section. PM111.4 is deleted and replaced with the following:
PM -111.4 Restraining Actions: Anyone affected by any
such order shall within twenty (20) days afterservice
of such order apply to surt of record fora order
restraining the code official from razing and removing
such structure or parts thereof. The court shall determine
-
whether the order of the code official is reasonable. and
e
if found reasonable the court shall. dissolve the restraining
order, and if found not reasonable the court shall continue
the restraining order or modify it as the circumstances may
require.