HomeMy WebLinkAbout2015-07-27 15-266 ORDINANCECOUNCIL ACTION
Item No.151286,
Date: July 27, 2015
Item/Subject: ORDINANCE, Amending Chapter 223, Property Maintenance, of the Code of
the City of Bangor, By Clarifying the Procedure for Disposition of Uninhabitable
Buildings
Responsible Department: Legal
Commentary: This Ordinance will amend Chapter 223, Property Maintenance, of the Code of
the City of Bangor, by clarifying the procedure for disposition of uninhabitable buildings. The
City Code provides a procedure for rehabilitation of uninhabitable buildings, giving the building
owner 120 days from the time the building is placarded to rehabilitate the structure. Some
buildings, however, are not only uninhabitable, but also unsafe, and need to be demolished or
otherwise dealt with under the state Dangerous Building statute.
This ordinance amendment would clarify that the City's 120 -day notice period is not necessary
before proceeding under the state Dangerous Building statute (which already provides for its
own notice period and 30 -day appeal period). The amendment would also update the committee
from which extensions are requested and define the nature of publication required for providing
notice.
Manager's Comments:
Associated Information: Ordinance
Budget Approval:
Legal Approval:
Department Head
City Ma
Finance Director
'11/m
'CAy oli for
Introduced for
Passage
x First Reading
x Referral to the Business and Economic Development Committee on August 4, 2015
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JULY 27, 2015
Assigned to Councilor Faircloth
CITY OF BANGOR
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ORDINANCE, Amending Chapter 223, Property Maintenance, of the Code of the City of Bangor, By
Clarifying the Procedure for Disposition of Uninhabitable Buildings
WHEREAS, the City Code provides a procedure for rehabilitation of uninhabitable buildings;
WHEREAS, this procedure was designed to provide a path forward for placarded buildings; and
WHEREAS, this procedure was never intended to delay the removal of dangerous buildings;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CM OF BANGOR AS FOLLOWS, THAT
Chapter 223, Section 223-3 of the Code of the City of Bangor be amended as follows:
§ 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 the 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 or 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, demolish said building or structure. Said one -
hundred -twenty -day period may be extended by the
Business and Economic Development Committee of the Bangor City Council for good cause shown,
provided public health, safety, and welfare is not endangered thereby. Written application for
consideration of an extension by said Committee 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 other encumbrance
holders of record, persons in possession, and persons having a recorded leasehold interest.. Notice
shall state the date of the placarding order and the dates by which repair must be commenced and
completed. Service shall be accomplished by certified mail or first-class mail with delivery
confirmation, personal service, or publication in a newspaper of general circulation in Penobscot
Counly. If notice is served by publication, notice shall also be posted on the premises.
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JULY 27, 2015
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 section 223-3 be followed for the City
to make use of the procedures laid out in 17 M.R.S. 4 2851 et seq. for dangerous buildings.
Additions are underlineddeletions strdeeugh.
IN CITY COUNCIL
JULY 27, 2015
FIRST READING AND REFERRAL TO BUSINESS & ECONOMIC DEVELOPMENT
COMMITTEE MEETING OF AUGUST 4, 2015
CITY CLEKK
IN CITY COUNCIL
AUGUST 10, 2015
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 7-0
COUNCILORS VOTING YES: BALDACCI, CIVIELLO, FAIRCLOTH, GRAHAM,
NEALLEY, SPRAGUE, DURGIN
COUNCILORS VOTING NO: NONE
PASSED
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CITY CLE