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HomeMy WebLinkAbout1971-08-23 273-Y ORDINANCE273-Y Introduced by Councilor Mooney, Aug. 23, 1971 CITY OF BANGOR (TITLE.) 06rfimre,.. _.. _. Housing. BaU trtlp(nBd 6g fhe C{6Y Coops(l olfM City ofBanpor, m/d/eaie: Met the Ordinances of the City of Bangor are hereby amended by deletion of Chapter X and replacing said Chapter X with the follwingl Me BOAC Basic Housing Code (second edition. 1970) as recommended by the Building Officials Conference of America shall be the Housing Code of the City of Bangor. The Code Enforcement Officer she It maintain at least five (3) copies of said Code in his office at City Ha LL and available for inspection by the public at all reason- able times. Said Code is adopted in full by the City of Bangor, except as follows: Article 1 Section H-130.1 Is deleted. Section H-130.3 is deleted and replaced with the following: Section H-130.3 Notice of the declaration of any building under the Housing Code as unfit for human habitation and order to vacate it shell be served as provided inSection H-130.32 of this Ordinance. Section H-141.0 is deleted and replaced with the following: Section H-141.0 The municipality she 11 appoint and establish a Mousing Appeals Board. The word "Board" when used in this section shell be construed to mean the Housing Appea Is Board. The Board shell consist of five (3) members, qualified by education and experience in the building profession, who she 11 be residents of the City of Bangor. No member of the Board shall be a member of the City Council while serving on the Board. The term of office of the members of the Board shall be such that one expires each year. A vacancy shell be filled for the expired term only. The members may be removed for cause by the City Council spot written charges and after public hearing. Members of the Board shell receive n compensation for their service. Me City Council at the time the first members are appointed and annually thereafter shall designate ember of the Board as Chairmen. The Board shall adopt ov member from time to time such rules and regulations as it may deem necessary to carry into effect the previsions of this section. ��`GgIVEo 1971 �U^ 19 PK 31 A CILY CIERK`S OFFICE rliv aF eexege. MAINE ORDINANCE 1 HOUSing Code 273-Y N CITY COUNCIL mLRVIR3 and filed hU Aug. 23, 1971 Referred to Zoning Review Committee, Consider next meeting. OSOr i{ 'Y CL®tK ardirmne is carIrctlu endroseed. IN CITY Cg IL Sept. 13, 1971Section H-130.3 amended to re s follwa: "Notice of the de lation larof aw buildiiy under the Housing Cade as unfit for human habitatioand Order to v Cate it shall be i the formes provided in Section N>mi Ore R-130.32 Read served as provided in pggEd OtlLrflces. Section H-130.33 of this Ordinance." As amended passed let aiu3 Ned readings, engrossed, consider next meeting. Iw CLERK IN CITY Coumm Sept, 27, 1971 PASSED 3rd reading by the following yes and no vote: Councilors voting yes: Baldacci, pollen, Higney, Cohen, Cox, Minsky, Nwney, Neelley, Brountas. Section H-141.0 (Continued) All meetings of the Board she 11 be open to the public. She Board shell keep minutes of Its pro eedings.s ording the vote of each member upon each question and indicating the absence or failureto vote of any member and the final disposition of appeals shall be recorded by r oultion indicating the reasons of the Board thereof all of which shall be apublic record. Any person affected by any notice which pea issued in connection with the enforcement of any provision of this Ordinance, may request and she It be granted a hearing on the matter before the Code Enforcement Officer; provided that such person abs 11 file in the office of the Code Enforcement Officer a written petition requesting such bearing and setting forth a brief statement of the grounds therefor wl thin ten (10) days after the day the notice wasserved. Upon receipt of such petition, the Code Enforcement Officer shall set a time and place for such bearing and shall give the petitioner notice thereof in the manner prescribed to Section H-130.33 of this Ordinance. At such hearing the petitioner she 11 be given an opportunity to be heard and to show why such notice should be modified orwithdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition we filed; provided that upon application of the petitioner the Code Enforcement Officer may postpone the date of the bearing for a reasonable time beyond such ten (10) day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement. After such hearing the Code Enforcement Officer shall sustain, modify, or withdraw the notice, depending upon his findings as to the compliance with the provisions of this Ordinance. If the Code Enforcement Officer sustains or modifies such notice, it she 11 be deemed to be an order. Any notice served pursuant to Section H-130.33 and Section H-140.1 of this Ordinance shall automatically become an order if a written petition for a hearing is not filed in the office of the Code Enforcement Officer within tan (10) days after such notice is served. Any person aggrieved by an order of the Code Enforcement Officer may fila an appeal within ten (10) days from the date of such order to the Housing Appeals Board who may, by a majority vote of its entire membership, reverse the decision of the Code Enforce- eet Officer and permit exceptions to or variations free the specific terms of the Ordinance to such cases where the enforcement of the provisions of the Ordinance may cult in undue hardship, subject always to the vote that the Housing Appeals Board shell give due consideration to the purposes of the Ordinance in promoting health, safety and general welfare. Any appeal from the Housing Appeals Board shall be to the Superior Court. Amendment to 273-Y Section H-130.3 shall be amended to read as follows: "Notice of the declaratlor. of any building under the Housing Code as unfit for human habitation and order to vacate It shall be $2/✓Bb'%A�{d4KftbA/Yfi�A�`�?4U'd3NYY�Y/3'YAfMd$ipddL54ndk✓✓ In the form as provided In Section H-130.32 and served as rovided in Section H-130.33 of this Ordinance."