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HomeMy WebLinkAbout1972-06-26 232-Z ORDINANCEIntroduced by Councilor Baldacci, . ne 26, 1972 O T - CITY OF BANGOR (TITLE.) ftift= Br Amanding _Chapter IX, Article 1, Section 127 of the Laws and Ordinances of the City of Bangor - Building Code Be it ordained by the City Covent ofUu City of Bangor, as)ogome: THAT Chapter IX, Article 1, Section 127 0£ the Laws and Ordinances of the City of Bangor be amended by adding the following: 127.2 CONSTITUTION OF BOARD OF APPEALS: 127.21 MEMBERSHIP OF BOARD: The board of appeals shall consist of five (5) members appointed by the chief appointing authority of the municipality, one member to be appointed for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years, and one to serve one (1) year; and thereafter each new member to serve for five (5) years or until his successor has been appointed. 127.22 QUALIFICATIONS OF BOARD MEMBERS: Each member shall be a licensed professional engineer or architect, or a builder or superintendent of building construction, with at least ten (10) years experience, for five (5) years of which he shall have been in responsible charge of work; and at no time shall there be more than two (2) members of the board selected from the same profession or business; and at least one of the professional engineers shall be a licensed structural or civil engineer of architectural engineering experience. 127.23 ABSENCE OF M BERS: During absence of a member by reason of disability or disqualification, the appointing officer shall designate a qualified substitute. 127.24 CHAIRMAN OF BOARD: The board shall select one of its members to serve as chairman, and the building official shall designate a clerk from the department to serve as secretary to the board, who shall keep a detailed record of all proceedings on file in the department of building inspection. 127.25 EXEMPTION OF MEhBERS: No member of the board shall pass on any question in which he is engaged as contractor or material dealer, or in the preparation of plans or specifications, or in which he has any personal interest. 232-Z ORDINANCE (TrftE,) Amending Chap. Is, Art. 1, sec. 127 IN CITY COUNCIL June 26, 1972 The ordinance requiring the filing of an order was upended by the following yes and n vote: Councilors voting yea: HaldaCCi, eigney, ar owta6. Cohen. Gass. desecrate, Mooney.lhb wad and filed by Councilors absent: nail aeeataP. This ordinance wee then = ceived ard passed 1st and 2nd readings. engrossed. A nation to suepew:d IXAun(Lwuw the ordinance which xequixea the reading of an dates pas anew lment n 2 separate dates by the o Cml e((p ewah�f� following yes end n vote: CounCilOYs voting yen: Haldecci. Higney. Bcountas. Cohen, Gass, Mooney. Councilor Henderson voting no Co ncilors Hallow and Needham absent. This ordinance the, In4SID 3rd and final reading by the f llcwing yes and no vote: Baldacci, Bigney. (Nas(t(ee Go Brountae, Cohen, Gass, Mooney voting yes. Henderson voting no. Ballow and Needham absent. CI LEN( 127.3 COMPENSATION OF WARD OF APPEAIS: Compensation of appointed members of the board shall be determined by the proper authority of the municipality. 127.4 APPEALS PROCEDURE: 127.41 NOTICE OF MEETINGS: The board shell meet upon notice of the chairman within ten (10) days of the filing of an appeal or at stated periodic meetings if warranted by the volume of work; 127.42 PUBLIC BEARING: All hearing shall be public; and the appellant, his representative, the official of the municipality and any other person whose interests may be affected by the matter on appeal, shall be given an opportunity to be heard; 127.43 A OURNED MEETING: When five (5) qualified members are not prese to consider a specific appeal, either the appellant, the building ofticial or their representatives may request a postponement of the hearing. 127.5 DECISION OF BOARD OF APPEALS: 127.51 ACTION OF BOARD: The board shall affirm, modify or reverse the decision of the building official by a concurring vote of three (3) members; 127.52 RESOLUTIONS OF BOARD: Every action of the board shall be by resolution and certified copies shall be furnished to the appellant and to the building official; 127.53 DETERMINING VOTE: Failure to secure three (3) concurring votes shall be deemed a confirmation of the decision of the building official, except that the appellant shall be entitled to further hearing before a full board if there were not five (5) qualified members present when the vote was taken; 127.54 ENFORCEMENT OF DECISION: The building official shall take immediate action in accordance with the decision of the board. 1276 COURT REVIEW: Any person aggrieved by a decision of the boarc of appeals, whether or not a previous party to the decision, or any municipal officer or official board of the municipality, may apply to the appropriate court for a writ of certiorari to correct errors of law in such decisions. Application for review shall be made to the proper court of jurisdiction within fifteen (15) days after the filing of the board's decision in the office of the building official.