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HomeMy WebLinkAbout1973-12-26 51-AB ORDINANCE51 AB Introduced by Councilor Ballon, December 26, 1973 CITY OF BANGOR (TITLE.) MTi[1t Mrs Amending Chapter x of the ordinances of the City. of Barger Rental Housing License Be it ordminad Ey the City Coumi4 of W City ofEdegor, oe foUvemn _ WHEREAS, on Harch 26, 1973, the Bangor City Council adopted by reference the "BCCA Basic Housing - property Maintenance Code" (Second Edition, 1970), as Amended in 1971, published by the MIding Officials and Code Administrators International, Inc., formerly (mown as the Building Officials Conference of America, together with certain exceptions as provided in Chapter % of the Ordinances of the City of Hanger; and WHIMAIAS, authority to adept said Code together with appropriate enforcement procedures and penalties is provided in 30 M.R.S.A. Sections 1917, 2151 and 2156{ and WHEREAS, it appears that existing penalties and procedures for the enforce- ment of said Code are inadequate for purposes of protecting the health, welfare and safety of residents ofthe City of Bangor, NOW, 'fl�OFE, Be it ordained by the City Council of the City of Bangor: THAT Chapter x of the Ordinances of the City of longer be amended by adding Section H-160.0 RENTAL HOUSING LICENSE H-160.1 License Required. After March 1, 1974 no person, firmcorporation r association shall start o continue to lease o otherwise rent to aother for occupancy any dwelling or dwelling unit within the City of Cannon for purposes of living therein without having fust in full force, subject to the terms and conditions contained i this Ordinance, a written Rented Housing License or a Written Temporary Rental Rental Housing License to be issued by the Zoning and Cede Enforce- ment Administration Officer. A seposate license shall be required for each dwelling, as defined in Article I of this Chapter, Section H-210.0, except as otherwise provided herein. H-160.2 Application to Obtain a Rental Housing License or a Temporary Rental Housing License. The own of the dwelling or his duly authorized agent shall first file an application therefor in writing on a form furnished by the Zoning and Code Enforce- ment Administration Officer for that purpose. Every such application shall: (1) Identify the address of the dwelling (2) Identify the nsme(s) and addresses) of all o of the dwelling (3) Identify the nam addresses and dwelling unit numbers of each tenant in the dwelling (4) State the number of dwelling units in the dwelling (5) Number of rooms in each dwelling unit (6) Rent charged for each dwelling unit (y) Be signed by the oowners of the dwelling, or their authorized agents, who may be required to submit evidence of their authority H-160.3 Action on Application, unless the Zoning and Code Enforcement Administration Officer or any of his authorized agents have personal knowledge of any violations of Chapter % of the Ordinances of the City of Bangor in any dwelling unit therein, the Zoning and Cade Enforcement Adminfs- traticn Officer sball issue a Rental Housing License within seven n (9) days e after receipt of said application. Said Rental Housing License slull expire one (1)year after date of issuance and shall contain the following information. (1) The license number (2) The date of issuance of the license (3) The date of expiration of the license (4) The address of the dwelling (5) The description of the dwelling units in said dwelling that are being approved (6) The names and addresses of the own of the dwelling (%) Me nam of the person end the authority under which the license was issued H-160.4 Numbering of [welling units. The owner or camera of any dwelling of their authorized agents shall number consecutively each dwelling unit within every dwelling so that each dwelling unit at the piaddress mryy be clearly differentiated. The number of each dwelling t shall be firmly affixed to the main door or entrance to each dwelling unit. H-160.5 Temporary Rental Housing license. In the event the Coming and Code Enforce- ment Administration Officer or hie authorized agent has reason to believe that any dwelling unit i violation of any of the provisions of Chapter % of the Ordinances of the Citof Bangor, he may issue a Temporary Rental Housing License for such dwell'us. A Temporary Rental Housing License shall expire not more than ninety (90) days from the date of and no Temporary Rental Housing License shall be reissued thereafter for issuance e such dwelling. Turing said ninety (90) day period, theZ ning and Code Enforcement Administration Officer of his authorized representative aball -2- inspect said dwelling. Upon the finding of no violations of Cahpter X of these Ordi`ancea, the Zoning and Code Enforcement Administration Officer stall issue a Rental Housing License in accordance with Section 3 of this Article.If violations are found in said dwelling and said dwelling is not found to be unfit for human occupancy as defined in Chapter X of these Ordinances, the Zoning and Code Enforcement Adminis- tration Officer may order the owner or owners of said dwelling to correct said violation within fl reasonabletimetoexceed thirty (30) days. Failure to do so 'shall result inrocation of the Temporary Rental Housing License and no'licenae, temporary or otherwise, shall issue for any dwelling nits therein unless and until all violations areected. If violations are found in said dwelling and said dwelling is found to be unfit for human occupancy as defined in Chapter X, any Temporary Rental Housing License issued therefor shall be revoked and no further licenses, temporary or otherwise, shall be issued for that dwelling unless and until all violation$ are corrected. H-160,6 License Fees. No application for a Rental Housing License shall be considered to have been filed until a annual license fee bas been collected by the Zoning and Cade Enforcement Administration Officer. Said fees shall be compiled in accordance with the following schedule: 1 - 5 dwelling units $ 5.00 6 or more dwelling units 10.00 E-160.7 Revocation. Violation of the provisions of Chapter X of these Ordinances, shall be sufficient grounds for the revocation for a Rental Housing License by the Zoning and Code Enforcement Administration Officer. If the Owner or owners of such affected dwelling appeal the decision Of the Zoning and Code Enforcement Administration Officer to the grand of Appeals within ten (10) days after receiving written notice of such revocation from the Zoning and Code Enforcement Administration Officer, such revocation shall not become effective unless and until said board finds that such violation exist. Otherwise, in that case, the Rental Housing License shell become effective ten (10) days after receipt of notice of revocation. H-160.8 Appeals. If the Zoning and Code Enforcement Administration Officer fails to issue evokes a Rental Housing License or a Temporary Rental Housing License as provided herein, the o rs e of such dwelling o their authorized agents may appeal the decision of the Zoning and Code Enforcement Administration Officer to the Poard of Appeals. H-160,9 Exemptions. All rental housing which is licensed under other provisions of the Ordinances of the City of Bangor or the laws of the State of Maine, or which is otherwise exempt from the provisions of this Housing Code, shall be exempt from the licensing requ'ir'ements of this Ordinance. H-160.10 Penalties. Any person violating any of the provisions of this Article shall be guilty of aisdemeanor and upon conviction, shall be subject to the penalties prescribed in Section H-140.3 of the Housing Code. -3- 51 AB IN CITY COBNCIL ORDINANCE n^19 December 26, 1973 Received 1st 6 2' readings. A motion made to table until the count case has ( 'SITU,) Amending Chap. x of the Ordinances been settled. After the motionto table, Councilor Henderson wished to of the City of Hanger Rental Housing License. speak and the rules were uspended to allow the Councilor to speak by the following yes and no vote: Councilors voting yes: Baldacci, Gallas, Gass, Henderson, Gooney, Needham and Speirs. MtYp1C8 LYI item p Councilors voting n Higney and Returned. The motion to table was-defea Iay-She +aw.m+4a9-rad-aaa-„o-saw, and the -j",N second were withdrawn after the Connc it or �4-Va'ftWN spoke. motion [ table was defeated by the following yes and no vote: Conn- MIS CYd S IB serrectlY enfroweal cilors voting yes; Higney, Bauman, Gass, and Nooney. Councilors voting n Baldacci, Hallos, Henderson, Needham and SpeirS. Motion to refer to the Rental Rousing Committee was made sea a amendment made and seconded that thacommittee not hold public hearings. The amend- ment was defeated by the following yes and novote: Councilors voting yes: CdnlI ILHB An Sidney, Gass and Hooray. Councilors voting n Baldacci, Ballow, Hrountas, WoossB3 Nuisances. Henderson, Needham and Speirs. The Ordinance s then referred to the Rental Housing Committee IN CITY COUNCIL and tabled. January 28, 1974 Indefinitely postponed by the following yes aM no vote- ote:CLH CINHE Councilors voting yes: Baldacci, Ballou, Higney, Brountas, Gass, IN CITY NCIL MoOney, Needham and Speirs. January 14, 1974 Councilors voting n0. Henderson. Taken from table, Committee Chairman announced that committee will hold a Qxtgp hearing January 16tb, consider next CITY CLEM meeting. L rc