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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: otk-a ( QA City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: xxpo Ci licitor Introduced for Passage x First Reading Referral 16-186 May 9, 2016 �HC Assign to Counilor Graham CI`T'Y OF BANGOR -o 4TEDf 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. FG. GH... . tfI. .. . I.7. ... 3K. ... tM. § 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.