HomeMy WebLinkAbout2016-05-09 16-186 ORDINANCECOUNCIL ACTION
Item No16-186
Date: May 9, 2016
Item/Subject: ORDINANCE, Amending Chapter 223, Property Maintenance, of the Code of
the City of Bangor, By Clarifying Repair and Demolition Procedures for
Uninhabitable Buildings
Responsible Department: Code Enforcement
Commentary:
This ordinance would make several changes to City procedures dealing with uninhabitable
buildings.
This ordinance amendment would clarify that the Code Enforcement Officer determines when a
building is so out of repair as to require placarding and/or demolition, and, where applicable,
whether the state dangerous building process or local property maintenance process is a better
fit for repair or demolition of the property in question.
The amendment clarifies that an owner may not make repairs to or demolish a building without
first obtaining any necessary permits and approvals, including historic preservation approval
where applicable.
The ordinance also brings notice requirements in line with the International Property
Maintenance Code, removing the requirement for publication of placarding notices, but retaining
notification by mail and by posting on the property.
This item was approved unanimously at the Business and Economic Development Committee
meeting on May 3, 2016.
Department Head
Manager's Comments:
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City Manager
Associated Information: Ordinance
Budget Approval:
Finance Director
Legal Approval:
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Ci licitor
Introduced for
Passage
x First Reading
Referral
16-186
May 9, 2016
�HC
Assign to Counilor Graham
CI`T'Y OF BANGOR
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ORDINANCE, Amending Chapter 223, Property Maintenance, of the Code of the City of Bangor, By
Clarifying Repair and Demolition Procedures for Uninhabitable Buildings
WHEREAS, sometimes buildings in the City deteriorate to the point where they are unfit for human
habitation;
WHEREAS, the City has a number of tools to deal with these buildings, including methods for
placarding buildings until they are repaired or demolished;
WHEREAS, it may not be appropriate to demolish immediately some placarded buildings, such as
historic buildings that have not been cleared for demolition by the Historic Preservation Commission;
WHEREAS, at times there is good cause to extend the period of time in which a property owner has
to bring the property up to Code or to demolish it, and the Code Enforcement Officer is the appropriate
official to make this decision; and
WHEREAS, the current notice requirements are unnecessarily stringent and exceed the requirements
of the International Property Maintenance Code;
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 be amended as follows:
§ 223-2. Amendments to standards.
The International Property Maintenance Code 2003 is adopted in its published form as if fully set forth
herein, except as follows:
F. Sections 110.1. 110.2. and 110.3 are deleted and replaced with the following:
PM -110.1 General: The Code Enforcement Officer ma)t-order the owner of any premises upon
which is located any structure which in the Code Enforcement Officer's judgment is so old.
dilapidated or has become so out of repair as to be dangerous. unsafe. insanitary or otherwise
unfit for human habitation or occupancy. and such that it is unreasonable to repair the structure,
to demolish and remove the structure: or if such structure is capable of being made safe by
repairs to repair and make safe and sanitary or to demolish and remove at the owner's option; or
where there has been a cessation of normal constructions of any structure for a period of more
than two Years, to demolish and remove such structure, provided that in each case all required
IN CITY COUNCIL
MAY 9, 2016
FI T READING/
CITY CLERK
IN CITY COUNCIL
MAY 23, 2016
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 9-0
COUNCILORS VOTING YES: BALDACCI, DURGIN, GRAHAM, NEALLEY,
NICHOLS, PERRY, PLOURDE, SPRAGUE, FAIRCLOTH
COUNCILORS VOTING NO: NONE
PASSED
Ari
16-186
May 9, 2016
permits and approvals for repair or for demolition and removal must first be obtained before
repairs or demolition may take place.
PM -110.3 Falum to compty: If the owner of a.premises fails to comply with a demolition order
within the time prescribed, the code official may cause the structure to be demolished and
removed, either through an available public agen or by contract or arrangement with private
persons, and the cost of such demolition and removal may be charged against the real estate
upon which the structure is located and be a lien Capon such real estate.
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§ 223-3. Uninhabitable buildings.
A. Building to be secured. After any building or structure, or any portion thereof, has been vacated
and placarded by order of the Code Enforcement Officer as unfit for human habitation pursuant to
the Code of the City of Bangor, or is vacant and in such condition that no residential, commercial
or other authorized use could be made of said building or structure, the Code Enforcement Officer
shall require that such building or structure, or any portion thereof, be boarded up, any and all
windows without glass or with broken glass be boarded up, and all doors or other openings
securely fastened to prevent unauthorized entrance into said building or structure.
B. Rehabilitation. The owner, agent, or other responsible person shall, within 120 days after a written
notice given pursuant to Subsection C is served er published, rehabilitate the building or structure
and make it fit for human habitation or for other authorized uses, e.g., commercial uses in
commercial zoning districts, or, in the alternative, after obtaining any other reouired permits and
approvals, demolish said building or structure. Said one -hundred -twenty -day period may be
extended by the Business and Eeenemie Develepment Gernmittee ef the Banger Gty Getin Code
Enforcement Officer for good cause shown, provided public health, safety, and welfare is not
endangered thereby. Written application for consideration of an extension by said
Ge_m:�e shall
be submitted to the Code Enforcement Officer.
C. Notice. A written notice shall be served upon the owner or his or her agent, all ether- eneumbran
. Notice
shall state the date of the placarding order and the dates by which repair must be commenced
and completed.
16-186
May 9, 2816
premises. Notice shall
be deemed to be properly served if a copy thereof is posted in a conspicuous place in or about the
structure affected by such notice. and either delivered personally or sent by certified or first-class
mail addressed to the last known address. Service by mail is complete upon mailing.
D. Notice of starting work. Every person to whom a building or certificate of occupancy permit is
issued shall notify the Code Enforcement Officer when actual work or repairing or demolishing said
building or structure is to be commenced.
E. Violations and penalties. The requirements of 30-A M.R.S.A. § 4452 shall apply to the
determination of penalties for violations of this section. Each day a violation continues shall
constitute a new violation. The minimum penalty for a specific violation of this section shall be
$100 and the maximum penalty shall be $2,500; provided, however, that the maximum penalty
may exceed $2,500 but not exceed $25,000 when it can be shown that there has been a previous
conviction of the same party within the past two years for a violation of this section.
F. A building need not be placarded nor the procedures of this § 223-3 be followed for the City to
make use of the procedures laid out in 17 M.R.S.A. § 2851 et seq. for dangerous buildings.
Additions are unc edined., deletions struck through.