HomeMy WebLinkAbout2011-01-24 11-061 ORDINANCEItem Ra 11 061
Date: 1-24-11
Item/SubjM: Ordinance, Amending Various Provisions of Chapter 28 ofthe Code of the City of
Bangor, City Departments, Adding a New Article XVI to Chapter 28, and Amending Related
Provisions of Chapter 33 and Chapter 124.
Responsible Department: Legal
In August 2000 the Cry Council by Council Ordinance 00-326 amended several provisions of the
City Code to create the office of Infrastructure and Development Support and transfer the
Planning and Code Enforcement Divisions from Community and Economic Development to
Infrastructure and Development Support.
With the upcoming retirement of lames Ring, Director of Infrastructure and Development
Support, the City Manager and staff has reviewed the appropriate job description for the
Director's suc or and have recommended that the Planning and Code Enforcement Divisions
be returned to Community and Economic Development Department.
This Ordinance amendment will reverse many of the changes of the 2000 ordinance
amendment.
Department Head I
Manaper'SComments:
City Manager
A lated Information: ordinance
Finance Director
Legal Approval:
Dilator
Introtle«d toe
passage
— FlrstWe Raatline pope _cif _
Referral
&nsiVed to Councilor - Palmer January 24. 2011
g v s CITY OF BANGOR
(TITLE.) Ordinance, Amending Varus Provisions of Chapter 28 of the Cade of the City of Bangor,
City Departments, Adding a New Article XVI to Chapter 28, and Amending Related Provisions of
Chapter 33 and Chapter 124.
NOW, THEREFORE, BE IT ORDAINED BY THE CRY COUNCIL OF THE CITY OF BANGOR THAT,
Chapter 28 of the Code of the City of Bangor is hereby amended as follows (additions arendg erlined;
deletions are shack ow ):
428-16. Establishment divisions.
There is hereby established a Department of Community and Economic Development for the City of
Bangor. This Department shall Consist of the Economic Development and Community Development
Divisions Planning and Cade Enforcement.
A. Economic Development DNision. The Economic Development Division shall be responethe for
the purpose of promoting the commercial and industrial development of the city, supporting programs
designed to further the development and redevelopment of the downtown, including management of
the downtown parking district, management and marketing of city-owned business and industrial pans
and nonaeronautical properties in the vicinity of Bangor International Airport and undertaking special
projects designed to improve the ovemil economic activity and health of the city.
B. Community Development Division. The Community Development Division shall be responsible
for the development of the city under the federal Community Development Block Grant Program and
other associated existing or future federal and state aid progmms within a special emphasis on
neighborhood stabilization and improvement and providing greater opportunities to residents of low
and moderate income.
C. Planning ivismn. The Planning n shall be responsible a proornotian and
ordination of fine lateral use of land In the rd nce with thomprehensive Pan.
D. Code Enfomement Division. The Code Enforcement Division shall be responsible fr administering
and enforring all ordinances and state and federal statutes and pmrams Coming within its risdictign
indwiling but not limited 19 the OM Basic National B 'Id' Code, BOCA Basic Property Maintenance
Cor. state Plurniboxitl BOCA Basic Mechanical d CInapter 165 Land Development or
this Code Chapter 71, Banceir Center Revitalization Area of this the One and Two it
Puggling Cede and ChaillitE III Historic Preseryallon, of this Code
EC. Other duties. The Departrnent shall also be responsible for other development and
redevelopment projects related In the downtown development district, neighborhood improvement, the
11 061
downtown parking management district and other projects as assigned. The Department shall also
manage the Economic Development Pund.
§ 28-18. (Resemd) Chief Code Enforcement Officer
Them is hereby authorplide position of Chief Coce Enforcement Officer.. The Chi
EnforcementCode Officer shall supervise Me operation of the Cade Enforcement The Chief
Code Enforcement Officer stall be appointed by Me Director lIMmmunity and Economic n[
on the basis of merit and fidnezzi Dipole, subiectto the approval of the City Manager.
§28-32. Pourers and duties.
It shall be the function of this Department:
A. Extinguish fires. To provide for the extinguishment of fires, the saying of file and property from
fire and the Performance of various miscellaneous services to the public of an emergency nature.
[Amended 9-13-2000 by Ord. No. 00-3267
B. Inspections. To provide, in cooperation with the Code Enforcement Division of the Communi
and Economic Development Department for the inspection of potential fire hazards and older the
removal or remedy of any dangerous fire conditions in or near such building or structure, and such
order shall be compiled with by the owner or occupant W such building or structure, and to Inspect any
Violations of the provisions of the laws of the state or any ordinance of the uty affecting the fire
hazard.
ARTICLE MV, Public Services DepartmentOffice of Wrest wesure and De clDisment Suppe
§28-60. Establishment.
In accordance with Ardde V, Section 2(a) of the City Charter, there is hereby established a Public
Services Department ,
§28-61. Powers and duties.
It shall be the function of the Public Services Departmem
Suppers to oversee and supervise the operations of the Engineering Division, the Public Works Division,
the Electrical Division, the Plarm ng 9 vis sin the Ease E ifie cement Eve sieR7 the Sewer Fund and the
Harbor.
§28-62. Director of Public Service ,
There is hereby authorized and established the position of Director of Public Services �e-BfceeE
who shall supervise the entire operations of the Public
�ktgiC£s Department Office. This position shall be included in the Personnel Classification and
Compensation Man of the City of Bangor. The Director of Public Services the Office of Infrastructure
and Development Support shall be appointed by the City Manager on the Iasis of merit and fitness
alone, subject to the confirmation of the City Coundl.
A. Other capacities. The Director of
Services or his or her duly authorized agent, Is hereby designated as City Engineer, City Electrician
and Public Works Director and shall assume the powers and duties confered upon those positions
under the laws and ordinances of the City of Bangor.
B. Monthly report m City Manager. The Director of Public Servi
SuppofE shall make a repot to the City Manager before the first Council meeting of each month as fo
the business of his or her OfficeDeoartment during the preceding month.
C. Other duties. The Director of public Servkes'-`--'- ^ — --' ----- - shall
perform such other duties as may be prescribed by the Qty Manager or any applicable state or local
laws or ordinances.
§28-63. Divisions.
There are hereby authorized and established the following divisions and agendes wMhin the Pint k
Services DeoartmentBffice:
A. Engineering Division.
(1) R shall be the function of the Engineering Division
(a) Make surreys. To make surveys, including levels, prepare plans and profiles, write specifications
and perform other related engineering work in connection with streets, sewers and other public
structures.
(b) Construction of public structures. To make quantity and cost estimates, inspect and approve
the construction of public structures and perform all other related engineering work for the City not
specifically herein enumerated.
(c) Recall new streets. To record new streets as laid out in the City Road Book and establish the
lines and grades for building new streets and far regrading old streets.
(d) Erection of monuments. To superintend the erection of monuments at the Intersection of
streets all preserve and reset all street monuments disturbed or liable to be disturbed In grading or
Wilding streets.
(e) Maintain records. To maintain and safely keep all engineering records, instruments, plans,
profiles, records of surveys and all other property and papers relating to engineering work of every
description belonging to the City of Bangor.
(f) Services for other departments. To pertorn all engineering services for the public Servicrs
Departmentand for such departments andeffices of the City as may from time to time require such
service.
(2) The City Engineer shall supervise the entire operation of the Engineering Division. In addition to
other duties required by law, the City Engineer shall have Large of and regulate the opening all
excavation of all City sheets and shall have the authority to grant applications for the loca8on of utility
poles, wires and other utility structures In the pudic righbi of -way, provided that the City Engineer§
authority to grant utility location permits shall not be in substitution for any franchise agreement or
similar agreement otherwise required by law, e.g., cable television franchise agreements required
untler 30-A M.R.S.A. § 3008.
B. operation and Maintenance PublicWadesDivision. It shall be the funNon of tine Q adores and
Maintenance Pubge-Wages Division W perform construction and maintenance of city buildings and
facilities; W provide municipal garbage and refuse disposal; m operate and maintain municipal
highways, municipal gravel pits, cemeteries and sanitation fadl'ides; and M be resporeible for and
oversee the operation and maintenance of the city§ harbors and wharves. Per purposes of performing
such functions, the Operation and Maintenance -Division shall be organized In such
subdivisions as the Qty Manager may deem advisable from time to time.
C. Electrical Division. It shall be the function of the Electrical Division to perform the operation and
maintenance of the streetlighting and traffic lighting system, to operate and maintain the fire and
police alarm system and to perform relatetl functions as may be assigned.
E. Gode EnfisFeBRIeRR Div sion. The Code EnfareemeRt P vis an shall be responsible Pe
§28 -fig. Division heads.
There are hereby auMorzed and established the positions of division heads for the divisions
enumerated! in §2&63 above. The division heads shall supervise the operation of their particular
didshur. The positions shall be Included in the Personnel Classification and Compensation Plan for the
City of Bangor. The division beads shall be appointed by the City Manager on recommendation of the
Director of Pubfc Service on the basis of mart and fitness
alone.
A. Monthly report to Director of Public Services. The division heads shall report to the Director of
Public Services before the first Council meeting of each month
as to the business of their Division during the preceding month.
B. Mer duties. The division heads shall perform such other duties as may be prescriber! by the
Director of Public
§2&65. Residency requirements.
Effective
A. Effectiveept for 1, typists,
s, person shall be qualified for hire ks appointment an positions of
employment except for dark typists, cleric stenographers, ansate tl aint cast accountants and
Me
workers of the rtment l Division and Me Operations; tl M ' to s, unless
Is h eons Division Qf
Me Public Services Department whether on a temporary or permanent status, unless he or she shall,
it 061
within six months of his or her data of hire, establish a permanent domicile within a linear distance of
the motor pool garage (Building No. 285), Bangor )ntemabonal Airport, as shown on a map dared
October 15, 1975, entitled 'Residency Requirements," on file In the office of the City Clerk and made a
part hereof. The Period for establishing a domicile hereunder may be extemied for an additional Penotl
not exceeding six months by the department head with approval of the City Manager. NI qualifying
persons so hired or appointed shall continue W maintain their domicile within said linear distance for
the entire Pend of their employment with the City of Bangor.
B. The requirements of this section shall rot apply W those persons hired or appointed M such
positions of employment In Me Electiml Division an the Operations and Malntanimm Pa41ie-Wega
Division of Me public Services Commoner[ prior W January 1, 1976, and who, on that data, maintain a
permanent domicile beyond said linear distance. The requirements of this section shall be in addition to
all other qualifications for employment by the Electrical DiAshm and the 9yambons and Maintenance
Pa4Xe-WerI Division 4f the Public Services Department as may be Imposed by stratum, ordinance or
regulation of any duly mnstituted governmental authority.
C. City officials.
(1) No City official with approval authority over any City -issued permit license, heneft or contract
shall solicit donations of money from any individual or business for the benefit of the City of Bangor or
for Me support of any City pmgram or activity. [Amended 10.25-2004 by Ord. No. 04-249]
(2) Officials subject to the provisions of this subsection include Me following:
(a) City Clerk.
(b) Planning Officer.
(c) Police Chief.
(d) Director, Community and Economic Oevelopment.
(e) Fre Chief.
(f) Code Enforcement Officer.
(g) City Code inspectors, building inspectors, fire inspectors and engineering Inspectors.
(h) City Engineer.
(i) City Solicitor.
(j) Assistant City Solititor.
(k) Parking Administrator.
(1) City Assessor.
(m) Purchasing Officer.
(n) Finance Director.
(o) Housing Coordinator.
(p) Airport Director.
(q) Director of Health an Community Services. [Amended 11-14-2007 by Ord. No. 07-319]
(r) Director of Government Operations.
(s) Director of .
(t) Director of Business and Economic Development.
BE 9 FURTHER ORDAINED, THAT CHAPTER 124 is hereby amended as follows:
g 1243. Eating and lodging places.
The State of Maim Food Code 2001 is adopted in its published form as if fully set forth herein, except
as follows:
11 061
A. Section 1-201.10(8)(70) is deleted and replaced with Me following:
1-201.10(B)(70) "Regulatory authority means the local, state or federal autiwnry
having jurisdictlon over the food establishment. The local regulatory au my
means Me Code Enforcement Division of the qty of Bangor.
IR CITY C808C1L #•• ^e
.ianoax9Reedd.n22011 nVnr
CYIT"J Amending Valrous Provlsiobs
CITY ClB of Chapter 28 Of the Cade of Cit of Bangor
Cityyapartaeots. adding a nev Artiel %PL
IN cm COMM
February 16. 2011 to Chapter 28. am Aaending Related Provisions
Motion Made and Seconded for. Passage
Vote: 8-0 of Chapter 33 and Chapter 124
Councilors Voting Yes: Blaucbette.
Bronson. Durgin. Gratvitk, I&ogo. AeMgo WC0ave11pL
Raves.,Palrer d Restos -
Councilors Voting go: Mone
Tors Absent: Neal 1"
Fas
6ril