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HomeMy WebLinkAbout2015-04-13 15-136 ORDINANCECOUNCIL ACTION Item No. 15-136 Date: April 13, 2015 Item/Subject: ORDINANCE, Amending Chapter 23, Board, Committees and Commissions, of the Code of the City of Bangor, By Clarifying the Notification Process for Decisions of the Board of Appeals Responsible Department: Legal Commentary: This ordinance amendment would clarify the notification process that follows a decision of the Board of Appeals. Both state law and the City Code lay out procedural rules for the City's Board of Appeals. These rules include procedures for notifying the person appearing before the Board and others of the Board's decision in a case. Our City Code currently differs from state law in some respects, leading to potential for confusion. The proposed ordinance change would clarify the City Code and bring it into alignment with State law. G� This amendment was reviewed by the Government Operations Committee on April '7, 2015 and unanimously recommended to the full Council. Manager's Comments: Associated Information: Ordinance Budget Approval: Legal Approval: Introduced for Passage x First Reading Referral Department Head Finance Director City Solicitor 15-136 APRIL 13, 2015 Assigned to Councilor Blanchette CITY OF BANGOR ORDINANCE, Amending Chapter 23, Board, Committees and Commissions, of the Code of the City of Bangor, By Clarifying the Notification Process for Decisions of the Board of Appeals WHEREAS, State law requires the Board of Appeals to comply with certain procedures regarding notification of parties in the course of an appeal; WHEREAS, modifying the City's Board of Appeals ordinance to meet these requirements will reduce the potential for confusion or delay in the appeal process; BE IT ORDAINED BY THE CM COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 23 of the Code of the City of Bangor be amended as follows: § 23-3. Appeals and variances. (6) Within 20 days of the public hearing, the Board of Appeals shall reach a decision on the requested appeal and shall i4erm, in writing, the appellant-, the Gede Enfer-cement Offleer-, the Pla i _ Meer-, the Gity Geuneil and the Planning BeaFd ef its deei . Notice of any decision must be mailed or hand delivered_to the awellant, the aDDellants reDresentative or acient. the Plannina Division and the City Council within seven clays of the board's decision. Failure of the Board to render a decision within 20 days of the hearing will result in a denial of the appeal, unless the appellant agrees to an extension of the twenty -day period. Additions are underlined deletions stmelk threugh. IN CITY COUNCIL APRIL 13, 2015 FIRST READING CITY CLERK IN CITY COUNCIL APRIL 27, 2015 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: BALDACCI, BLANCHETTE, CIVIELLO, FAIRCLOTH, GRAHAM, NEALLEY, PLOURDE, SPRAGUE, DURGIN COUNCILORS VOTING NO: NONE PASSED CITY CLERK