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Home My WebLink About1976-07-12 297 AD ORDINANCE297 An Introduced by Councilor saucy, July 12, 1576 ryp CITY OF BANGOR (TITLE.) (®rb_M= e, Amending Mobile Home Ordinance of the City of Bangor an u arya(aed by w city Cammaofas oft af*mngan an ram.; That Chapter XI, Art. 4, Sec. 1, subsection 1.6 be amended by deleting. the following:. - "such permit shall expire 24 months after issued and is not wableuntil the plan has been reprocessed under the requirements of this section." and substituting therefor the following: "such permit shall become invalid if the work authorized i not comomenced. within one year from the date of the issuance oif the authorized work is suspended or abandoned for r e period of six months after the time of conanencement of the authorized work." Note: This provision is consistent withthe building permit expirations as contained in the Building Code of the City of Bangor. That Chapter XI) Art. 4, Sec. 3 b amended by deleting the bracketed material and adding the underlined material as hereinafter extended in full in said Sec. 3: Sec. 3 Temporary Occupancy Permit.. Notwithstanding the requirements of Sec. 2 above, and prior to theexpiration of a valid Mobile Home Park Construction Permit issued pursuant -to this Ordinance, the 'Eon in and Code Hn£orcement Administration Officer [City CouncI, upon app1 catron thethere' zor to t e City Clerk] may authorize the issuance [by said Clerk] of "Temporary Occupancy Permit" so-called. [for a period of not more than six (6) months,. the term of said permit to be established by the City Council as part of its approval for purposes of permitting temporary occupancy of a portion of a mobile home park then under construction.] No such pe=ihit.{application] IN CITY COUNCIL July 12e 1976 Received -let reading: referred to Cede and Ordinance Revie)d Coadttee, consider next meeting. xa//�. 8 CITY IN CITY COUNCIL July 26, 1976 Consider next meeeeting. 922M CI C IN CITY COUNCIL Amending August 9, 1976 Ordinance This Ordinance was taken out or order and considered after Notion on Coumil Order 325 AD. It was than decided to consider This at the next meeting. - yes and no vote: Councilors voting !/1....../!_ yen':' Bigney, Connotes, Mooney, CITY C the following yes and no vote. Scary and Soulas. Councilors voting ORDINANCE 1° (Tfe$) Amending Mobile Home Ordinance Anguat 23, 1976 Septem}rtr 13, 1976 IN CITY COUNCIL Councilor Callao excused from of the City of Bangor by'eubstitution by the following Intnanocat and nim by Oxvrctl^m MIS onanmra is axlaetty aa"seo. Oxmtttee arc � .. RECEIVED CITY OF RANCOR CITY OLCICE,S OFFICE 76 JUL 0 PH 4 16 Councilors voting no- Finnigan, Gass, Henderson and Soulas. Councilor absent: Ballon. This order was then referred back to the Cade and Ordinance Reviewo Committee and will be considered ext meeting. ChalrmanPenney appointed Councilor Soucy to serve n Code and Ordinance Committee in place of Councilor Ballon who was excused from acting on this ordinance. CITY CLBRK erlpinsaet (Illtrtmces. a&cdwAz— IN CITY COUNCIL IN CITY COUNCIL CITY CLE Anguat 23, 1976 Septem}rtr 13, 1976 IN CITY COUNCIL Councilor Callao excused from Consider at the adjourned meeting September 27, 1976 acting on this ordinance. Amended on September 15, 1976, recorded by substitution as shown in by'eubstitution by the following City solicitor's Mem dated Sept. - yes and no vote: Councilors voting I � /14t � �, rg 24, 1976. As amended, Passed by yen':' Bigney, Connotes, Mooney, CITY C the following yes and no vote. Scary and Soulas. Councilors voting IN CITY COUNCIL Councilors voting yes: Bigney, : Finnigan, Gass and Henderson. September 15, 1976 Brouatm, F ..ton, Gass, Henderson, Council" excused from voting: Ballou. Notion to amend by including recommendations Moony, Sound and Stairs. Received second reading. Motion made in men from City Solicitor (9/13n6) failed for Councilor eallou excused for passageoseconded. loved to consider lack of a majority b the following yes and. no from voting. next meeting by the following yea and no vote: Councilors voting yes: Bigney, Brountas, vote: Councilors voting yes.- Brountas, Mooney and Soucy. Councilors voting no! Finnigan, Finnigan, Gass, Henderson and Scales. Gore, Henderson and Sailer. Councilor absentBal1W. CITY C Councilors voting no: Bigney, Mooney Notion made to consider next meeting, seconded, Nation and Soucy. Councilor excused. free withdrawn. Notion to amend by includingr am:endations voting: llou. in memo from City Solicitor (9/13/76) failed for lack of B n ✓ �p majority by the following yes end no vote: Councilors iY BHS R voting yes: Bigney, BrolNtas, Memory and {_Sunny. shall be issued without the [in order for City - council cons¢ eras tion ung the applicant has first obtained] written approvals from the Health Officer, City Engineer and the Zoning S Code Enforcement Administration Officer. Any applicant aggrieved by the refusal of any of said City officials to provide such written approvals may seek review pursuant to Chapter XI, Article 8, Section 2 of the Ordinances of the City of Bangor. No such written approvals shall be granted, nor shall the Zoning s Code Enforcement AdministYation Of £icer [City Council] autho�issnance Te�pancy Permit, except under the following conditions: [and where the applicant has successfully complied with the following minimum standards] 3.1 No Temporary Occupancy Permit shall issue for a period beyond the expiration date of the Mobile Home Park Construction Permit. 3.2 Said application for a temporary permit as provided herein shall contain a sufficient description of the lots to be occupied, and in no event shall said permit issue for less than 25 lots. No lots may be occupied except as permitted by said permit. 3.3 All such lots and improvements thereon shall comply with the requirements of the Ordinances of the City of Bangor and the Laws of the State of Maine. 3.4 Completion of special developments and construction requirements of this Ordinance applicable to the mobile home park as a whole, not directly affecting the health and welfare of potential occupants of said lots, and not directly applicable to said lots, may be suspended on a short term basis for a period not to exceed the term of said temporary permit. [but only when the Council shall determine that said requirements cannot be reasonably met by the applicant because of unfavorable climatic conditions.] The Zonih" b Cod Enfo1 a ehAdministration Officer [City Councr may ct on rtron is [Itsl approval upon completion of said suspend requirements pursuant to a prescribed schedule to be made a part of said temporary permit. 3.5 [The City Council, i its discretion, may require a bond in a form and i amount to be determined by said City Council to guarantee completion of said suspended requirements by the applicant.] 3.6 All fees for said permit shall be in addition to, but in the s ants as established for an Operator's License under this Ordinance. 3.7 Issuance of a Temporary Occupancy Permit a provided hereunder shall not be construed as a waiver by the City Council, Health Officer, City Engineer or the Zoning s Code Enforcement Administration Officer of the requirements provided for the issuance of an Operator's License pursuant to this Ordinance. [and shall not grant to the applicant or occupants of said iota any rights to occupy said lots beyond the expiration date of said temporary permit.] 3.8 As a condition of said Temporary Occupancy Permit, the applicant shall: (1) post a copy of said temporary permit in a conspicuous place generally accessible to all tenants or occupants of said park; and shall (2) give notice in writing to all potential or prospective tenants or occupants of such lots that the applicant does not have an [avalid] Operator's License for said park; that any rights to occupy said lots are conditioned upon the successful compliance of the requirements of this Ordinance [said temporary permit] by the applicant; that any tenants or occupants of such lots must move the event that the applicant fails to complywith the terms [conditions] of this Ordinance [said temporary temporary permit s] provides n [therein and a verbatim statement of the conditions and expiration date of said temporary permit.] 4�aa/96 CITY OF BANGOR (TITLE) �Ci1iI[2utt¢e Amenatng_t 6 1 H eOrdi x the. Be it ordsinod by the City Coward of City ufBawper. me fetb - MT Chapter %I, Article 4 b emended by the deletion of subsection 1.6 and replacing it with the following: 1.6 The fee for a Mobile Items Park Construction Permit shall be $100.00. Such permit shall beissued for an nitial period of 24 months from the date of issuance. At the end of such period, if the construction has not been completed, the applicant may obtain an extension of said permit for a period of twelve (12) menths. Thereafter, the applicant may continue to obtain extensions of 12 months each until the project is completed. . All extensions shall be obtained from the Zoning and Code Enforcement Administration Officer, and shall be subject to the following: _ 1.6.1 At least 30 days Prior to the expiration of the original permit, or any extension thereof, the applicant may make written application to the Zoning and Code Enforcement Administration Officer for a permit extension. The application ehs1l include such information as may be requiredby the Zoning and Code Enforcement Administration Officer for Purposes of insuring that the project conforms with all local requirements and shall also include a statement by the applicant indicating the current status of the project. Such statement stall include an estimated date for the project completion. - 1.6.2 Upon receipt of such written application, the foniug and Code Enforcement Administration Officer shall notify in writing the City Council and the Planning Hoard of the application, and establish a 15 day waiting period during which any interested party may make written cOmento to be submitted'to the Zoning and Code Enforcement Administration Officer -regarding the project. f., 1.6.3 The Zoning and Code Enforcement Administration Officer shall personally inspect the development and review all comments received. If he determines that the project i being constructed in compliance with previously approved plans and under all requirements of the Ordinances of the City of Bangor, he shall grant the extension application. If he determines that the project is not being constructed in accordance with said plans or with any requirements under theOrdinances of the City of Bangor, he shall deny the extension application and shall notify the applicant in writing of his decision in a career provided by law. Written notice of all actions by the Zoning and Code Enforcement Administration Officer, either grantinW or denying the extensions, shall be given to the City Council and the Planning Hoard. 1.6.4 A fee of $1OJ.00 shall be paid by the applicant before aryy, construction permit extension Abell be granted pursuant to this Ordinance. 3 THAT Article 4, Seclien 4 be revised as indicated. Sec. 3 Temporary QCLnpa cv Permit. Notwithstanding the requirements of Section 2 above, and prior to the expiration of a valid Mobile Home Park Construction Permit issued Pursuant to this Ordinance, the C#ky-6ew.e3}, Zoning and Cede Enforcement Administration OPYicer, u�v applicat ivrt tMere£er-te theS£Sy-6}eek, may authorize the issuance by-ea£d-e}ark of a. 'Temporary Occupancy Permit' se called,-€ere-a-pa2ieS-e£-sat-were then-six-46d-mestha, the term Of said permit to be established by the 6ity-Cexsei}, Zoniu.= end Code Enforce ant Administration Officer as part of its approval Por purposes of permitting ramp- ' ra—y occupancy of a portion of a mobile home Park then under construction. No such application shall be in order for City Caaaea} consideration until the applicant hes; first obtained Written approvals from the Health Officer, City Engineer and the Zoning and Code Enforcement Administration Officer. Any applicant aggrieved by the refusal of any of said City Officials to provide much written approvals may seek review pursuant to Chapter %I, Article H, Section 2 of the Ordinances of the City of longer. No such written approvals shall be granted, nor shall the City Council authorise the issuance of such Temporary Occupancy Permit, except under the following conditions, and where the applicant hoe success- fully complied Witt the following minimum standards: .MT Subsection 3.1 be amended by adding the words cor extension thereof." 3.1 No Preporney Occupancy Permit shall issue for a period beyond the expiration date of the MobileHome Park Construction Permit, or extension thereof. THAT Subsection 3.4 be revised as indicated. 3.4Completion of special developments and construction requirements of this Ordinance applicable to the mobile home Parka a whole, not directly affecting the health and welfare of potential occupants of maid lots, and not directly applicable to said lots, maybe suspended on a short-term basis for a period not to exceed eed the term of said temporary permit, but only when the 0eumail, Ending and Code Enforce- ment Administration Officer shell determine that Said requirements cman ot be reasonably met by the applicant because of unfavorable climatic conditions. The "%y-Cwwmail Zoning end Code £2,f,rcement Administration Officer may condition a$e his approval upon completion of said suspended requirements pursuant to a prescribed schedule to be made a part of said temporary permit. a 97,e� 900, Jlu "a"i vi .....u.e—...a w.muul m ................. .......... .. . . Lh ciw WILL'Alel DALE .Ne 'µ116m. 94 of.Pxngac, fflu°" UT LoGAL DCPARTME September 24, 1976 Dear City Council: Please fixed attached a copy of the Mobile Home Ordinance a dsone amevesente thereto. The amendaente are intended to be a syn IhesisOf 297.0 as amended, the amendments proposed by the City SOlic"r last " Gouhcil Meeting, and the latest ameMments requested by the Codes .d orddnsnce Committee. If You have shy questiow, please Peei free to call Bob Miller or me Over the weekezW or on Mondryy so that we can draPL sqv necessary "revisions. Sincerely, willies; R. Dale Asst. city Solicitor " 'XC/lhp hoolosures: AS - 16MOBA�IH 1 - - gepGmbec 13, �'19)b R1. Councilor Dennis Ronny - PgOM:Robert E. Miller, City Solicitor - - BE- Ordimvice. 297 AO G At the last meeting of the'Clty council, amendments to this ordinance proposal were adopted which would, in effect, delegate Administration of the Mobile Here Park OxdinaxQe to the Cade Enforcement Officer. Since that ties I have had An pp rtunity to review the Amendments much more carefully, and offer the following additional odadments to Ordinance 297 M for ;purposes of furthering the Ccuroll`s .prior decision. (1) That the provisions of Article 4, See. 1.6 be repealed and replaced with provision for 12 math renewal extensions granted by the a Enforcement Officer (adopted 8123/76). (2) That Article 4, Sec. 1.6 be amended with a new subsection 1.4.5 as follows; 1.6.5 All applications for construction t�mmtm i permit extensions pending on September - - 13, 1976, or ";stewed thereafter by the Code Enforcement Officer shall be pro- ceased in accordance with the procedures established by this ordinance. - "(3) That Sec. 2.3 of Article 4 be amended to read in part As follows: 'received from the facing and Code Enforcement Officer, and the Health Officer end-The-BaReee O4ty-Heencil stating that.... (4) That Sec. 3 of Article 4 be Amended by deleting the next to the last sentence of the first paragraph. (5) That See. 3 of Article 4 be emended in part In the first paragraph. }mt sentence, as follows I( rid 'qo such written approval shall be. granted, nor k f shall the BSeY sears fl ZOniv and Code Hvfoxcemenc officer eu[h itt the issuance a ;sueh temporary - conspiracy permit .....- i. --(6) That Sec. 3.1 of Article 4 be amended by addingthe,Y:- 'afollOwim: "ir provided, however, in the event o£.the renewal 1. of a construction permit, the said temporary cupa�my p mit may also be renewed upon the same terms and conditions provided herein for the granting of the inittel tenfivirary occupancy permit, i ditl l)parade fee in and upon paymnt of an adm e ,y - accordance with subsection 3.6 of this Battles." - (7) That the provisions of Sae. 3.5 of Article 4 be repealed. (8) That the provisions of. Sec. 1.2 of Article 8 be deleted and Inflated with the. following: } ^1_2 Violation Procedure If after any inspection, Ch fent�g and Code Eofor<ement Administration Off ices _ the Health officer detection that a violation dT any provision of this ordinance, o any provision incorporated herein, exists, the said Officer shall Is mrittev: 'y.: t - order requiring ditcontinuama of the alleged illegal 1'f. action or condition and deatement of the violation within -a remomb Is period of time, as may be established - - by said Officer, said period of class to ant exceed thirty (30) days from the date of issuance of said order. Such order shall contain a description of the violation or 'suspected violation and shall be directed to and served upon either the alleged offender, the owner Of the mobile home park, or their agent. Service shall be by United States mail or personal. If the alleged illegal action or condition is act discontinued and the violation abated within the period of time prescribed in the order, the facing and Code Enforcement Administration officer and the City solicitor are hereby authorized to institute appropriate proceedings at law or in equity to restrain, correct or abate such violation or to require the dleeontinmme of the alleged action or condition in violation of the provisions of this ordinance or the order made pursuant thereto. Such