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HomeMy WebLinkAbout1971-06-14 223-Y ORDINANCE]23-,W •I� Introduced by councilor Ballon, dune 14, 1971 �1 CITY OF BANGOR (TITLE.) Mrbtnntrei_ emending. Chapter x of the Laws and..4zdfeaares of .. Beit ordained by Om City Cwmeil of Bw City ofBamyor, m 1HUolaa: BLOOMS, many Bangor citizens are forced by lack of adequate housing to ent dwe Llings which are dilapidated and not maintained by the wnes in compliance with the ordinances of the City of Bangor and the statutes of the State of Maine; and WHEREAS, such conditioaa adversely affect the public health and safety and Lead to the continuation, extension and aggravation of urban blight; and WHEREAS, by virtue of "s0 M.R.S.A. £1917 and 02L51 the municipal officers of the City of Bangoraty a a empowered to ordinances promoting the general welfare, health and safety of the citizens of the City of Bangor; NOW, THEREFORE, Be it Ordained by the City Council of the City of Bangor: THAT Chapter X be amended by adding Article 2A as follows: RENTAL HOUSING LICENSE Sec. 1 License Required. On or after January 1, 1972 no person, fire, corporation or association shall tent to another for occupancy any dwelling or dwelling unit for purposes of living therein without having in full force, subject to the terms and conditions contained in this ordinance, a written Rental Housing License or a Temporary Rental Housing License to be issued by the Zoning and Code Enforcement Administration Office[of the City of Bangor. A separate license shall be required for each dwelling, as defined in Chapter X, Article 1, Section 1.3 Of the Ordinances of the City of Bangor. Sec. 2 Term. Every Rental Housing License shall beaued for a period of e (1) year from the date of issuance unless sooner revoked, and may be renewed for successive periods not to exceed one (1) year. Sec. 3 License Fees. No application for a Rental Housing License shall be considered to have been filed until an annual fee of Five Dollars ($5.00) for dwellings containing three (3)or les dwelling units or Ten Dollars ($10.00) for dwellings containing four (4) or more dwelling units has been collected by the Zoning and Code Enforcement Administration Officer. Sec. 4 Application. To obtain a Rental Housing License Or ewal thereof the dwelling owner or his duly authorized representative shall first file at Least aixty (60) days prior to date of issuance an expiration an application in writing on a form to be furnished by the Zoning and Cade enforcemeot Administration Officer for that purpose. Every such application shall: (1) Identify the address of the dwelling (2) Identify the names and addresses of all owners of the dwelling (3) State the number of dwelling units 1n the dwelling (4) Be signed by the dwelling awn r their authorized agents, who may be required t submit evidence of their authority Sec. 5 Action on Application. unless the Zoning and Code Enforcement Admini- stration Officer or any of his duly authorized representatives have any [ on to believethen any violations of the Ordinances of the City of Bangoreint in said dwelling o any dwelling nit therein, the Zoning and Code Enforcement Administration Office shall issuea Rental Noosing License within sixty (60) days after receipt of said application. Said Rental Housing License shall contain the following Information: (1) The license number (2) The date of issuance of the license (3) The expiration date of the license (4) The address of the dwelling (5) The number of dwelling units in said dwelling (6) The nave and address of the dwelling Asset or owners (7) The names of the person issuing the license Iwo Sec. 6 Temporary Rental Housing License. If upon receipt of the license application the Zoning and Cade Enforcement Administration Officer has reason to believe that said dwelling contains violations of the Ordinances of the City of Bangor, he may issue a Temporary Rental Rousing License to expire not more than ninety (90) days from the date of issuance. Wring said period the Zoning and Cade Bn£o[cement Administration officer or his authorized representative shall inspect said dwelling. If no solations are found, the Zoning and Code Enforcement Admini- stration Officer shall issue a Rental Housing License i ordance with Section 3 of this ordinance. If violations are found 1n said dwelling and said dwelling is not found to be unfit for human habitation as defined in Chapter X, Article 13 of the Ordinances of the City of Bangor, the Zoning and Code Enforcement Administration 0£fic may order the dwelling owners to correct id violations within a reasonable time not to exceed thirty (30) days. Bee. ] Display of License. Each license shall be displayed in a conspicuous place within the roseate ways of the dwelling. No License s shall be transferrable to another person, firm, corporation o ation, or to another dwelling. Every pe[ on holding a license sprovided in this ordinance shall gin notice in writing to the Zoning and Code Enforcement Administration Officer within twenty-four (24) hours after having transferred or otherwise disposed of the legal control of any licensed rental housing dwelling. Such notice shall include the name and address of the person Or persons succeeding to the ownership of the control of such rental housing dwelling. Sec. 8 Revocation. In the event any dwelling or dwelling unit is found to be in violation of this ordinance or any other provision of the Ordinances of the City of Bangor, the Zoning and Code Enforcement Administration Officer my revoke said licarm e. Sec. 9 Appeals. If the Zoning and Code Enforcement Administration Officer fails to issue or renew a Rental Housing License ora Temporary s Rental Housing Lice revokes the as providedherein, , the dwelling owner(s) or their authorized agent my appeal the Zoning and Code Enforcement Administration Officer's action to the Housing gourd of Appeals in accordance with Chapter X, Article 12, Section 6 of the Ordinances of the City of Bangor. Sec.10 Penalty. Any person violating any of the provisions of this Ordinance r failing to comply with any lawful order or direction of the Health Officer in the enforcement of this Ordinance ubmlYee-guilty of -a miedeameemer and shalt uponiction be subject to a fine of not less than $10.00 nor more than $100.00 for each day of such violation. ;J 223-Y ORDINANCE RECEIVED (&i ) Amending Chapter X ' 1971 .IUN 11 AM B: Ob CITY CLERK'S Offlut_ pCY OF P OR MA!KE IN CITY COUNCIL tune 14, 1971 Passed Ist and 2nd readings, Consider next nweting, IN CITY COUNCIL tune 28, 1971 Considex next meeting. CITY CLEFU( July 12, 1971 consider next testing. I LmS cd aM fila. Il 4 _ IZZ Q mCtLwm xrcufv. (9 cqT%t(y fl�¢mv M CITY CLER1: IN COV! duW 26, 1911 vote; d by the councilors voting yes dna no vote: Coigne,, voting yes: n, ox, BallcuMinsky, Mooney. eCouncil Cohan, Cox, Minsky, Mooney. .Councilor Nealley waent. Tailed. cx cLemx m py..��emfeee Y%Ires BJ "Iv l[Ct IN CITY COUNCIL Aug. 9, 19]1 Taken £rom table, retablea. CITY CLERK IN CITY COUNCIL Aug. 23, 1971 Taken from table, c nide: next meeting. €.Q cxxy cLPRx IN CITY Cd TL Sept. 13, 1971 Motion to table lost by the following yes and no vote: Councilors voting yes: eigney, Cohen, Minsky. Councilors voting no Baldacci, Ballou, Bxountas, Cox, Mooney, Nealley. This ordinance inlefinitely postponed. OCAS'( LePI( _.. the City of Bangor Bea ordained by the My Counra olthe GVW of Reagan, a lollows: WHEREAS, away Bangor citizens are forced by lack of adequate housing to rent dwellings which are dilapidated and not oxiatained by the return in compliance with the ordinances of the City of Bangor and the statutes of the State of Maine; and WHEREAS, such conditions adversely affect the public health and safety and lead to the continuation, extension and aggravation of urban blight; am WHERMS, by virtue of SO M.R.S.A. 11911 and 12151 the municipal officers of the City of Bangor are empowered to suet ordinances promoting the general welfare, health and safety of the Cit"ans of the Cloy of Bangor; NOW, THBREpORE, Be it Ordained by the City Council of The City of Bangor: THAT Chapter A be emended by adding Article 2A as follows: RENTAL HWSINC LICENSE Sec. 1 License Required, Ou or after January 1, 1972 no parson, flim, corporation or association shell rest to another for occupancy any dwelling or dwelling uniz for purposes of living therein without having in full force, subject to the term and conditions contained in this ordinates, a written Rental Hearing License or a Temporary Rental dousing License to be issued by the Toning and Cade Enforcaent Administration officer of the City of Bangor. A separate license shall be required for each Ewe lling, as defined in Chapter E, Article 1, Section 1.3 of the Ordinances of the City of Bangor. Sec. 2 Tem. Every Rental Housing License aha Ll be "sued for a period of e (1) year from the data of issuance unless attar revoked, and my be renewed for successive periods not to exceed one (1) year, 223-1 Introduced by Councilor Oallou, .lune la, 1971 ` CITY OF BANGOR (TITLE.) ryp MrbftMjm, Amending Chapter.X of the Lays_ 404 Ordinances of _.. the City of Bangor Bea ordained by the My Counra olthe GVW of Reagan, a lollows: WHEREAS, away Bangor citizens are forced by lack of adequate housing to rent dwellings which are dilapidated and not oxiatained by the return in compliance with the ordinances of the City of Bangor and the statutes of the State of Maine; and WHEREAS, such conditions adversely affect the public health and safety and lead to the continuation, extension and aggravation of urban blight; am WHERMS, by virtue of SO M.R.S.A. 11911 and 12151 the municipal officers of the City of Bangor are empowered to suet ordinances promoting the general welfare, health and safety of the Cit"ans of the Cloy of Bangor; NOW, THBREpORE, Be it Ordained by the City Council of The City of Bangor: THAT Chapter A be emended by adding Article 2A as follows: RENTAL HWSINC LICENSE Sec. 1 License Required, Ou or after January 1, 1972 no parson, flim, corporation or association shell rest to another for occupancy any dwelling or dwelling uniz for purposes of living therein without having in full force, subject to the term and conditions contained in this ordinates, a written Rental Hearing License or a Temporary Rental dousing License to be issued by the Toning and Cade Enforcaent Administration officer of the City of Bangor. A separate license shall be required for each Ewe lling, as defined in Chapter E, Article 1, Section 1.3 of the Ordinances of the City of Bangor. Sec. 2 Tem. Every Rental Housing License aha Ll be "sued for a period of e (1) year from the data of issuance unless attar revoked, and my be renewed for successive periods not to exceed one (1) year, 223-1 Sec. 3 License pees. No application for a Rental Housing License shell be considered to have been filed until an aual fee has been collected by the Zoning and Code EnforcerentAdmin- tatration Officer. Said fees shell be computed in accordance with the fallowing schedule: L-5 dwelling units $ 5.00 6 of more dwelling units $10.00 Sec. 4 Application. To obtain a Metal Housing License o eeal thereof r the dwelling own or his duly authorizedrepresentative shall first file at Least seven (7) days prior to date of issuance o expiration an application in writing on a foam to he furnished by the Seeing and Code Enforcement Admfeistratlon Officer for that purpose. Every such application shall: (t) Identify the address of the dwelling (2) Identify the taxes and addresses of all Owers Of the dwelling (3) State the number of dwelling units in the dwelling (4) Be signed by the dwelling ewers: or their authorized agents, who my be required t0 submit evidence of their authority Sec. 5 Action on Application. Unless the Boeing and Code enforcement Admin- istration Officer or any of his duly authorized representatives have any reason to believe that any violations of the Ordinances of the City of Bangor exist in said dwelling or any dwelling unit therein. the Boring and Cade Enforcement Administration Officer shall Issue a Rental Housing License within seven (7) days after receipt of said application. Said Moral Housing License shell contain the following infatuation: (1) The license umber (2) The date of issuance of the license (3) The expiration date of the license (4) The address of the dwelling (5) The number of dwelling units In said dwelling (6) The name and address of the dwelling ower or Owners (7) The name of the person issuing the license Sec. 6 Temporary Rental Housing License. If upon receipt of the license application the fuzing and Code Enforcement Administration Officer hes reason to believe that said dwelling contains violations of the Ordinances of the City of Banger, he may Issue a Temporary Rental Housing License to expire not more than ninety (90) days from the date of issuance. During said period the Boeing and Code Enforcement Administration Officer or his authorized representative shalt Inspect said dwelling. If no violations are found. the Boeing and Code Enforcement Admin- istration Officer shall issue a Rental Housing License in accordance with Section 3 of this Ordinance. If violations are found in said dwelling and said dwelling is not found to be unfit for human habitation as defined in Chapter X. Article l; of the Ordinances of the City of Bangor. the Boning and Cede Enforcement Administration Officer nay order the dualling owners t0 correct said violations within a reasonable time not to exceed thirty (30) days. Sec. ) Except Dwellings All rental housing which is licensed under other provisions of the Ordinances of the City of Banger r which is otherwise exempt from the provisions of the Housing Code shall be exempt free the licensing requirements of this Ordinance. Sec. 8 Revocation. In the even[ any dwelling or dwelling unit is found to be in violation of this Ordinance or any other proviaton of the Ordinances of the City of Bangor, the gaming and Code Enforce- ment Administration Officer may revoke said license. Sec. 9 Appeals. If the Zoning and Code Enforcement Administration Officer falls to issue o a Rental Housing Liceme or a Temporary Rental Housing License or revokes the same as provided herein, the dwelling owaer(s) or their authorized agent my appeal the Boning and Code Enforcement Administration Officer's action to the Housing Box rd of Appeals in accordance with Chapter g, Article 13, Section 6, of the Ordinances of the City of Bangor. Sec.10 Farm lty. Any person violating any of the provisions of this Ordinance r falling to comply wl tb any lawful order or direction of the Zoning and Code Enforcement Administration Officer in the Worce- ent of this Ordinance shall upon conviction be subject to a fine of not less than $10.00 nor more than $100.00 for each day of such violation. RattgOq the renter of Maine—the Gatemy to Mathes North Woods and Seashore Restores CITY SOLICITYA 1=W aN of Partgurs C2.1nma LEGAL MEPARTMEXT July 12, 1971 Zoning Review Committee Bangor City Council Bangor, Maine 04401 Re: Rental Housing License Proposal - Gentlemen: As arsult of the conclusions i ached by your Committee after the public hearing of a couple Of weeks ago, the following amendments to the proposal presently before the. City Council are suggested. Section 3 should be amended to read as foil ws: License pee No application for a Rental Housi� Licenseabell sbe conidered to have been filed until an annual fee has been Collected by the Zoning and Code enforcement Admin- istration Offic r.iCSaid fees shall be computed in accordance with the following scheduler 1-5 dwelling units $ 5.00 6 Or more doe Lling units $10.00 / The si seven requirement Of Secti AAALreplac tl with I,I repay, nL I have discussed the matter with Basil Este a fees that his p lie with only sgve a adays to process� license t Zoning Review Committee -2- July 12, 1971 The Committee agreed to delete Section 7 regarding the display of licenses. In its place I suggest the following provision: Exempt dwellings: All rental housing whlch Is licensed under other provisions of the ordinances of the City of Bangor o which is otherwise exempt from the provisions of the Housing Code shall be exempt from the licensing requirements of this oral nonce. Section 10 should be amended by deleting the "Health Officer" As the enforcement officer and substituting it with the "Zoning and Code Enforcement Administration Officer." Very truly yours, Robert E. Miller Staff Attorney REM: to cc: Merle Gaffe Basil Eaton William Cohen John Mooney John Ballou J/oohhn Cox /� V Sec. 3 Lice a Fees. No application for a Rental Housing License shall be considered to have been filed until an annual fee rt d (4�ng-units; has been collected by the Zoning and Code Enforcement Administration Officer. -)r Sec. 4 Application. To obtain a Rental Housing License or a renewal thereof the dwe LlinB - -.�jyP his duly authorized representative shall first file at least eixEp"A days prior to date of issuance or expiration an application in Writing on a form to be furnished by the Zoning and Code Enforcement Administration Officer for that purpose. Every such application shall: (1) Identify the address of the dwelling (2) identify the names nsand addresses of all owrs of the dwelling (3) State the number of dwelling units in the dwelling (4) Be signed by the dwelling Owners, r their authorized agents, who may be required to submit evidence of their authority Sec. 5 Action on Application. Unless the Zoning and Code Enforcement Admini- stration Officer or any of his duly authorized representatives have any reason to believe that any violations of the Ordinances of the City of Bangor exist in said dwelling or a" dwelling unit therein, the Zoning and Code Eofarcement__yy��d �in}}qq((ra[ton Officer shall issue a Renin Housing Linens vttM1in sr,":ey`(ray days after receipt of said application. Said Rental Housing License shall contain the following information: (1) The license comber (2) The date of issuance of the license (3) The expiration date of the License (4) The address of the dwelling (5) The comber of dwelling units in said dwelling (6) The now and address of the dwelling owner or owners (7) The name of the person issuing the license Sec. 6 Temporary Rental Hewing License. If upon receipt of the license application the Zoning and Code Enforcement Administration Officer has reason to believe that sate dwelling contains vlalati ons of the Ordinances of the City of Bangor, he may issue a Temporary Rental Hcueing License to expire not more than ninety (90) days from the date Of issuance. During said period the Zoning and Code Enforcement Admintstratlon Officer or his authorized representative shall inspect said dwelling. If no violationsare found, the Zoning and Code enforcement Bimini. stration Officer shall issue a Rental Hous lag License Inaccordance with Section 3 of this ordinance. If violations are found in said dwelling and said dwelling is not found to be unfit for home habitation as defined In Chapter X, Article 13 of the Ordinances Of the City of Bangor, the Zoning and Code enforcement Administration Office y order the dwelling owners to correct said violations within maa rdo blblle Chad not to thirty (30) days. Sec. ] D1 of License �/ Hach license shall be displayed In a ua� place wi thin the c ways of [ rcing. No l fended she transferrable c another orpETion o ociation, or to that dwelling. ev on holding a license f saprovided in this a aha notice in writing to the Zoning and Code Erforcement a istration Officer within twenty-four (24) hours after havi nsferre otherwise disposed of the legal ml f y need rental hour log lling. Such notice shall tvc lode La an and address of the person e e succeeding to the h -p of the control of such rental hous ve nadwellina. Sec. B Revocation. In the event any dwelling or dwe Lling unit is found t0 be in violation of this ordinance or any oche[ provision of the Ordinances of the City of Bangor, the Zoning and Code Enforcement Administrac-on Officer may revoke said license. Sec. 9 Anneals. If the Zoning and Code Enforcement Administration Officer falls to issue or renew a Rental Housing License o a Temporary Rental Housing License or revokes the same as provided herein, the dwelling owner(s) or their authorized agent may appeal the Zoning and Code Enforcement Administration Officer's action to the Housing Board of Appeals in accordance with Chapter X, Article 12, Section 6 of the Ordinances of the City of Bangor. Sec. le penalty. Any person violating any of the provisions of this Ordinance r failing to comply with any lawful order or direction of the L—Nealeh-9f-€kee n the enforcement of this Ordinance N[aii m1aYeamee'naeehall upon conviction be subject to a fine of not leen A{{_.,. than Slo.00 nor more than 9100.00 for each day of such violation.