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Home My WebLink About2023-05-08 23-140 ORDINANCE23-140 05/08/2023 CITY COUNCIL ACTION Council Meeting Date: 05/08/2023 Item No: 23-140 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 223, Property Maintenance, Vacant Buildings, Article II, §§223-9(E) and 223-12, of the Code of Ordinances of the City of Bangor Summary This Ordinance would amend the City's Vacant Property Registration Ordinance to refer the amount of the required fee to the Schedule of Fees, and to amend the enforcement provision to broaden the scope of available enforcement. There will be a separate Council Order amending the Schedule of Fees to increase the fee required for a vacant building registration permit and renewals of the permit. Ten years ago the City passed its Vacant Property Registration Ordinance ("VPRO") to address significant and costly problems for the City caused by vacant or abandoned properties, particularly residential properties. These properties often become a drain on the City budget and detract from the quality of life of the neighborhood and the City as a whole. Vacant properties are an impediment to neighborhood redevelopment and rehabilitation, decrease property values, and prevent neighborhood stabilization. These structures are unsightly, often structurally unsound or otherwise dangerous, attract criminal activity, and create a threat to public health, safety, and welfare of neighboring properties and the general public. Vacant properties also waste potential housing during a time when the City is attempting to increase the numbers of affordable housing units and address the needs of the unhoused within the City. The current fee for a vacant building registration permit under the VPRO is $250 or the cost of all materials, staff time, and other expenses of the City related to administering and enforcing this article, whichever is greater. Under the current Schedule of Fees, the fee is currently $283. The permit lasts six months, after which another $283 fee is required to renew the permit. The permit may be renewed every six months, and the fee must be paid for each renewal. This Ordinance amendment would change the VPRO to reference the City's Schedule of Fees for the amount of the registration fee and renewal fees. The separate Council Order amending the Schedule of Fees would increase the minimum fee for a vacant building registration permit to $500 and would double the fee each time a permit is renewed, up to a maximum of $4,000 per six-month renewal. This Ordinance amendment would also add a clause to the enforcement provision of the VPRO which would subject a violator to additional enforcement provisions of the applicable state statute. This small change would provide more flexibility to the City and a civil court in enforcing the City's VPRO. Committee Action Committee: Government Operations Action Staff Comments & Approvals Meeting Date: April 19, 2023 For: Against: The Government Operations Committee voted unaniimr�no�uusslllyrecommending passage of this CORD. ,( City Manager 7J City Solicitor Finance Director Introduced for: First Reading and Referral 23-140 05/08/2023 CITY COUNCIL ORDINANCE Date: 05/08/2023 Assigned to Councilor: Tremble ORDINANCE, Amending §§223-9(E) and 223-12 of Chapter 223, Property Maintenance, Article II, Vacant Buildings, of the Code of Ordinances of the City of Bangor WHEREAS, The City's Vacant Property Registration Ordinance was passed to address significant and costly problems for the City caused by vacant or abandoned properties, particularly residential properties; and WHEREAS, Vacant or abandoned properties often become a drain on the City budget, detract from the quality of life of the neighborhood and the City as a whole, impede neighborhood redevelopment and rehabilitation, decrease property values, prevent neighborhood stabilization, are often unsightly, structurally unsound, or otherwise dangerous, attract criminal activity, create a threat to public health, safety, and welfare, and waste potential housing; and WHEREAS, Increasing the fee for a vacant building registration permit, and escalating the amount of the fee for each renewal of the permit, will put pressure on vacant or abandoned property owners to sell the property or make arrangements so that the building is no longer vacant; and WHEREAS, amending the enforcement provision of the City's VPRO will provide more flexibility to the City and to civil courts in enforcing the requirements of the VPRO; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Sections 223-9(E) and 223-12 of Chapter 223, Property Maintenance, Article II, Vacant Buildings, are amended as follows: §223-9 Permit application. E. A fee of $2SO as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code or the cost of all materials, staff time, and other expenses of the City related to administering and enforcing this article, whichever is greater, shall be charged for a vacant building registration permit or interim permit. This fee shall alse be ehar-ged The fee for renewal of a vacant building registration permit shall also be as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code. The fee must be paid at the time of application or renewal. No permit shall be issued prior to payment of the permit or renewal fee.... 23-140 05/08/2023 §223-12 Violations and penalties. Any person who is found to be in violation of any provision or requirement of this article shall be subject to a civil penalty and the enforcement provisions as set forth in 30-A M.R.S.A. §4452. Each violation of a separate provision or requirement, and each day of violation, shall constitute a separate offense. Additions are underlined,• deletions are stvek IN CITY COUNCIL MAY 8, 2023 COrd 23-140 First Reading ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL MAY 22, 2023 COrd 23-140 Motion made and seconded for Passage Vote: 9 —0 Councilors Voting Yes: Davitt, Hawes, Leonard, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK