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HomeMy WebLinkAbout2024-03-11 24-098 Ordinance24-098 03/11/2024 CITY COUNCIL ACTION Council Meeting Date: March 11, 2024 Item No: 24-098 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 223, Property Maintenance, Section 223-12, to Clarify That the Director of Community and Economic Development has Authority to Sign Administrative Consent Agreements on Behalf of the City. Summary This ordinance amendment, if passed, would revise the City's Vacant Buildings Ordinance to permit the Director of Community and Economic Development to sign administrative consent agreements on behalf of the City. Under the current ordinance, there is no City official designated to sign administrative consent agreements. A City official must be specifically designated in order to have authority to sign administrative consent agreements on behalf of municipalities under Maine state law. In order to make enforcement of the Vacant Buildings Ordinance more efficient, this amendment will authorize the Director of Community and Economic Development to sign administrative consent agreements on behalf of the City to resolve violations of the Vacant Buildings Ordinance without court involvement. In the absence of the Director of Community and Economic Development, the City Solicitor and the City Manager will be given this authority. The proposed amendment would also clarify that the City may enforce violations of the Vacant Buildings ordinance in court. This proposed amendment was unanimously recommended at the March 4, 2024 Government Operations Committee meeting. Committee Action Committee: Government Operations Action: Staff Comments & Approvals a& 7 izu�� — City Manager Introduced for: First Reading and Referral Meeting Date: For: Against: City Solicitor Finance Director 24-098 03/11/2024 CITY COUNCIL ORDINANCE Date: Assigned to Councilor: Schaefer ORDINANCE, Amending Chapter 223, Property Maintenance, Section 223-12, to Clarify That the Director of Community and Economic Development has Authority to Sign Administrative Consent Agreements on Behalf of the City WHEREAS, at present, the Vacant Building Ordinance does not designate any city official to sign administrative consent agreements on behalf of the City to resolve violations without court involvement; and WHEREAS, enforcement of the Vacant Buildings ordinance would be more efficient and effective if the Director of Community and Economic Development and, in her absence, the City Solicitor or the City Manager, were authorized to sign administrative consent agreements on behalf of the City to resolve violations of the Vacant Buildings ordinance out of court; and WHEREAS, the proposed ordinance revision would also clarify that the City may enforce violations of the Ordinance in court; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 223 of the Code of the City of Bangor is amended as follows: § 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. The Director of Community and Economic Development is authorized to sign administrative consent agreements on behalf of the City to resolve violations of this Article. In the absence of said Director, the City Solicitor or the City Manaaer have the authority to sign administrative consent agreements on behalf of the City. The City may also enforce violations of this Article in court. Additions are underlined, deletions stFUCk threug-h. IN CITY COUNCIL MARCH 11, 2024 COrd 24-098 First Reading �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK IN CITY COUNCIL MARCH 25, 2026 COrd 24-098 Motion made and seconded for Passage Vote: 8-0 Councilors Voting Yes: Deane, Fish, Fournier, Leonard, Schaefer, Tremble, Yacoubagha, Pelletier Councilors Voting No: None Passed B�andon Powell DEPUTY CITY CLERK