HomeMy WebLinkAbout2009-02-09 09-074 RESOLVECOUNCIL ACTION
Date: 2-9-09 Item No. r) ',-) 0 % 1-
Item/Subject: Resolve, Indicating the Support of the City of Bangor for An Act to Authorize
Municipalities to Protect the Habitability of Rental Housing During Heating Fuel
Emergencies.
Responsible Department: Executive
Commentary: Legislation is being introduced in this session of the legislature to address
situations where municipalities may find it necessary to take emergency steps to maintain heat
in residential properties. It would specifically authorize municipalities to take action in such
instances after attempts to contact the property owner have been unsuccessful. It would also
authorize liens against the property to insure any expenditures are recovered.
Last summer, the City began planning for what at the time appeared to be the potential for
numerous heat emergencies this winter given the then record high prices for fuel oil. As a part
of that planning, it became apparent that while there were a number of available alternatives to
address heat emergencies in single-family, owner occupied homes, there were fewer options to
address rental properties where utilities, such as heat, are provided by the landlord. Given the
threat to health and welfare posed by lack of heat, the City developed contingency plans to
address rental housing. However, we also realized that such contingencies might result in the
City expending funds with no guarantee of repayment. Since then, the cost of heating fuel has
declined and we have not been required to take emergency steps. However, at least one large
Maine community did so on several occasions last winter.
Although the immediate crisis has been mitigated, this action is a proactive step to allow us to
be prepared for what appears to be inevitable fluctuations in the price of heating oil.
Department Head
Manager's Comments:
This has been reviewed and is recommended by the Government Operations Committee. ao��
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City Manager
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Rafarral
Finance Director
Page _ of _
Solicitor
09 OV
Assigned to Councilor Wheeler February 9, 2009
CITY OF BANGOR
(TITLE.) Resolve, Indicating the Support of the City of Bangor for An Act to Authorize Municipalities to
Protect the Habitability of Rental Housing During Heating Fuel Emergencies.
WHEREAS, as we approached this year's winter heating season, energy prices reached record highs
raising concerns that property owners would be unable to maintain heat in their properties;
and
WHEREAS, in developing emergency plans to meet a heating emergency, the City developed
contingency plans to respond to residential properties with no heat; and
WHEREAS, while emergency General Assistance and other resources can be made available to home
owners, many tenants do not have the responsibility for providing heat to their units nor is
there a workable procedure under existing state law for tenants to take immediate action to
restore heat in the absence of response from their landlords; and
WHEREAS, given Maine's harsh winters, the failure to provide heat to a residential structure places the
health and welfare of its residents at grave risk; and
WHEREAS, failure to heat structures can also result in significant damage, including structural damage,
that can make these structures unsuitable for occupancy and expensive to repair; and
WHEREAS, it is in the best interest of the City of Bangor to protect its residents and take steps to insure
that residential buildings remain habitable; and
WHEREAS, given these circumstances, the City set in place procedures under which it would take the
responsibility for providing emergency heating oil to rental properties if a heating emergency
arose and the owner either could not be contacted or refused to take immediate action to
address the problem; and
WHEREAS, if such action is taken, the ability of the City to recover expended funds is limited and might
require lengthy court action; and
WHEREAS, in circumstances where an owner abandons property after the City has provided emergency
fuel, the City may not be able to recover its expenditures; and
WHEREAS, providing municipalities with the formal legal right to provide emergency fuel and with the
ability to lien a property on which public funds have been expended for the purpose of
maintaining heat and habitability would provide greater legal and financial protection;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
We support An Act to Authorize Municipalities to Protect the Habitability of Rental Housing During
Heating Fuel Emergencies and call upon our state legislative delegation to work to support its passage
by the Maine State Legislature.
IN CITY COUNCIL
February 9, 2009
Motion Made and Seconded
for Passage
Passed
QA�A 1 Li i i
DEPUTY CITY CLERX
R ESO L -V E
(TITLE,) Indicating the Support of tbP City
of Bangor for an Act to Authrize
Manic }iti s to Pro er the Habitability
of Rental Housing During Heating Fuel
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Assigned to Councilor / L
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