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
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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
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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