HomeMy WebLinkAbout2004-08-23 04-261 ORDINANCERead No, 04-261
Date: 8-23-00
cam/Subject: Ordinance, Amending the Property Maintenance Code, Chapter 223, by Adding
New § 223-3, Uninhabitable Buildings.
Responsible Departmem: Legal
In 2001, the City enacted! § 223-3 as part or the Property Maintenance Code to require the rehabilitation
of placarded structures within 120 days. When the most recent version of the Property Maintenance Code
was adopted in 2003, this section was inadvertently repealed. This amendment reinstates § 223-3 with
minor revisions.
This section of the Code requlres that vacant and placarded buildings be secured; requires the owner to
undertake rehabllRa4on within 120 days; outlines notice provtslons Including Bre data on which the property
was placarded and dates when repairs must begin and be finished; and establishes penalties for vitiations.
Department Head
As noted, this provision of the Cede was inadvertently excluded when the most recent version of the
Property Maintenance Code was adopted! in 2003. This section provides Code enforcement with a
mechanism to seek compliance and deadlines that are enforceable. I recd end you a ro I.
TAd ,l I a.rl_. t a r.L wLehnmu�� MU
manager
Associated Information
Budget Approval:
Finance Director
Passage
• First Reading Page _ of_
X Referral W Transportation and Infrastructure
Assigned w eo®cilor Caehrell Mrgnat 23, 2006
a CITY OF BANGOR
(TRLE.) Ordinance, Amending the Property Maintenance Code, Chapter 223, by Adding New
§ 223-3, Uninhabitable Buildings.
Be ittvda/eMby the CkyofB&W,, its /nyOws:
That Brew § 223-3 be ertaded as follows:
§ 223-3. Uninhabitable Buildings.
A. BUILDING TO BE SECURED. After any building or structure, or any portion thereof, has been
wanted and placarded by order of the Code Enforcement Officer as unfit for human habitation
pursuant to the Code ofthe 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
Enforceent Omar shell require that such building or snnnure, orany portion thereof, be,
boamed up, any and all windows without glass or with broken glass theboardeel up, and all doors
r other openings securely fastened to prevent unauthorized entrance into said building or
strunure.
B. REHABILITATION. The owner, agent, or other responsible person shall, within 120 days after
written notice given pursuant m subsection C is earned or published, rehabilitate the building or
structure and make it fit for human habitation or for other authorized uses e.g., commercial uses
in tial zoning distrins, or, in the alternativedemolish said building or structure. Said
120 day period may be extended by the Transportation & Infrastructure Committee of Me Bangor
City Council for goad cause shown provided public health, safety, and welfare is not endangered
thereby. Written application for consideration of an extension by said Compares shall be
submitted to Me Cade Enforcement Officer.
C. NOTICE. A written studies shall be served upon the owner or his or her agent, all other
encumbrance holders of record, persons in ponsuession, and persons having a recorded leasehold
interest, Notice shall sure the data of the placarbng order and Me dates by which repair must be
commanded and compared. Service shall be accomplished by registered mail, personal service,
or publication. If notice is served by publication, notice shall also be posted on Me premises.
D. NOTICE OF STARTING WORK. Every permit to whom a building or certificate ofocenpaney
Permit is issued shall notify Me Code Enforcement Officer when actual work or repairing or
demolishing said building or assume is to be commenced.
E. VIOLATIONS @ PENALTIES. The requirements of 30-A M.R.S.A. § 4452 shall apply 0 Me
determination of penalties for violations of this section. Each day a violation continues shall
onstimte a new violation. The minimum penalty for a specific violation of this sect on shall be
$100 and the maximum penalty shall be $2,500 provided, however, Mat the maximum penalty
may exceed $2,500 but not exceed $25,000 when it can be shown that these has been a previous
conviction of the same party within the past two year; for a violation of this section.
IH CITL COOPCIL
August 23. 2001
First Heading
Referred to Transportation
i Infrastructu a C ttee
CI
IR CITY COUNCIL
September 13. 2006
Notion Made and Seconded
for Passage
Vote: 6 yes. 2 absent
Councilors voting yes: Allem,
D'Brrico. Farrington, Greene
Palmer and Tremble
Councilors absent: Cashmell
c Gratulck
Passed
CI CL
q,lTLEI Apcodlsg the eroperty Hafntaaanae
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Rofababitable Building
Assigned to Cncillor�ouunn(//MVLOMXX