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