Loading...
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