HomeMy WebLinkAbout2003-06-23 03-222 ORDINANCEItem No. Oh222
Data: 06-23-03
item/subjech Ordinance - Amending the Code of the City of Bangor by Deleting
Chapter 223, property Maintenance Code, and Replacing It with New
Chapter 223, Property Maintenance Code.
Responsible Department: Code Enforcement
Commentary:
To further the Cade Enforcement Moo's mission of protecting the public's safety, far the last 30 years the (Sty has
regulwy updated its Codes to the pros[ recent published ed bon.
The Intonational Property Maintenance Code, in audit on to serving as this CIKs Housing Code, provides the Code
EMorranent Office wtb the tools b address marry of en0manenWl and nu since mMiOons, such as improper disposal
of trash, junketl cars and dilapidated structures, which mold negadvdy impact the quality of lite in our community as
well as threaten IRe and safety.
James D. Ring
Department Head
Manager's Comments:
dmuy.,I �i("mvlkTn �✓iiean✓
City Manager
Associabad Information: Order
Anance Director
Legal Approval:
City $OIIOtOr
Introduced for
Passage
3 Rest gamin Page _ of
JE Referral �49�oat
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"sternest to louvcilo[ Baha June 23, 2003
CITY OF BANGOR
(TITLE.) Ordinance, Amending the Code of the City of Bangor by Deleting Chapter
223, Property Maintenace Code, and Replacing It with New
Chapter 223, Property Maintenance Code.
Be it on:Wn d bybbe C71y o/BarW,, asANlows:.
Rion 1
The Code of the City of Bangor is hereby amended by deleting and repealing Chapter 223, Property
Maintenance Code.
Sec4on2
The Code of the City of Bangor is hereby amended by adding thereto a new Chapter, to replace
Chapter 223 hereinabove repealed, to be Chapter R3, Property Maintenance Code, as follows:
§ 223-1. Adoption of once.
In accordance with 30-A M.R.S.A. § 3003, the International Property Maintenance Code 2003,
published by the International Code Council, Inc., is hereby adopted as the Property Maintenance Code
of the City of Bangor for the purposes of:
A. Establishing minimum standards governing the condition, maintenance and rehabilitation of all
existing structures;
B. Establishing minimum standards governing supplies, utilities and facilities and other physical
things and conditions essential to ensure that structures are safe, sanitary and fit far occupation
and use;
C. Establishing minimum standards governing the condition of dwellings offered for rent;
D. Fixing certain responsibilities and duties of owners and occupants of structures; and
E. The condemnation of structures unfit far human habitation and the demolition of such
structures.
§ 223-2. Amendments.
The International Property Maintenance Code 2003 is adopted in its published form as if fully set forth
herein, except as follows:
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A. Section PM -101.1 is deleted and replaced with the following:
PM -100.1 Tide: These regulations shall be known as the "Property Maintenance Code of the City of
Bangor" and are herein referred to as such or as "this code."
B. Section PM -106.4 is deleted and replaced with the following:
PM -106.4 Penalty: The penalty for violations of this code shall be imposed in accordance with 30-A
M.R.S.A. 4 4452. Each day such a violation is permitted to exist, after ratification by the Code
Enforcement Officer, shall constitute a separate offense.
C. Section PM -107.5 is amended by the addition of the following sentence:
For the purpose of this section, the terminology "sell, transfer, mortgage, lease or otherwise
dispose of- shall include the execution of a land sales contract or similar agreement.
D. Section PM -108.2.1 is added, which shall state the following:
PM -108.2.1 Minimum standards for securing a building:
1. Prior to securing any building, all combustibles and/or personal property must be removed
from the building.
2. All basement, first and second Floor windows and other openings must W made inaccessible
W entry in keeping with these standards.
3. Windows, doom and other openings above the third floor must be dosed and lacked and, if
glazed, replaced or boarded if broken.
4. All window openings shall W dosed through application of a minimum five -eights -inch
plywood cut to ft the size of the opening and recessed Into the opening; the board shall be
nailed from the outside to supports on the inside of the opening. A minimum of eight penny
nails shall be employed at twelve -Inch Intervals.
S. All plywood used for board -up purposes shall be painted to match the color of the building
or building trim.
6. All doors and other openings shall be lacked, barricaded firm the inside and secured with
wooden boards at least 5/8 Inch in thickness, nailed across such opening with not fewer
than eightpennry nails atwelve-inch intervals.
2. Holes in the foundation shall either be patched or boarded. When boards are to be
employed, It shall be accomplished by excavation and placement of board in a trench two
Net deep covered over with earth, and said boards shall be attached to the wall with either
nails or masonry nails, as appropriate. Board size and nailing should be in accordance with
Subsection 4 above.
S. Openings unprovided for in these standards shall be closed in accordance with the
specifications of the inspector.
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9. Acceptance by the Code Enforcement Division shall be required. A call for Inspection at 945-
4400, Extension 124 is real upon completion.
10. Periodic maintenance of the grounds and inspection of the adequacy of steps taken to
secure the building are required.
E. Bee PM -109.1 is deleted and replaced with the following
PM -109.1 Imminent danger: In addition to the enumerated circumstances in the BOCA Property
Maintenance Code/1996, or subsequent amendments thereto, the Cade Enforcement Officer may
order an immediate vacating of any part of, or all of, a structure which lases its source of heat
cooling, hot water, water supply or sewer sel or has malfunctioning electrical service or has
been substantially damaged due W fire or natural disaster.
1. When, in the opinion of the code official, Mere is actual and immediate danger of failure or
collapse of a structure which would endanger life, a when any structure has fallen and life
is endangered by Me occupancy of the structure, or when there is actual or potential
danger to the building occupants or those in the proximity of any structure because of
explosives, explosive fumes a vapors or the presence of boxic fumes, gases or materials or
use of defective or dangerous equipment the code official is hereby authorized and
empowered to order and require the occupants to vacate the premises foMwiM. He or she
shall cause to be posted at the main entrance to such structure a notice reading as follows:
This structure is unsafe and its use or occupanry has been prohibited by the code official."
2. It shall be unlawful for any person to enter such structure except for the purpose of
securing the structure, making the required repairs, removing the hazardous condition or
demolishing the structure.
F. [Amended 1-13-1997 by Ord. No, 92-59] Sections PM -111.1, PM -111.2., PM -111.2.1, PM -
111.2.2, PM -111.2.3, PM -111.2.4, PM -111.2.5, PM -111.2.6 and PM -111.3 are related and replaced
with the following:
PM -111.1 Appeals
1. My person affected by any notice which has been issued in connection with the
enforcement of any provision of this code may request and shall be granted a hexing on
the matter before the Bock of Appeals established under Chapter 23, Article I of the Code
of the City of Barger. All procedures, fees and requirements for appeals and hearings
before the Board shall be governetl by the provisions of Chapter 23, Article I.
2. The Board's decision may only reverse a modify the Code Enforcement Officers decision
upon a finding that, with respect to the activity in question, this code has been incorrectly
interpreted, that the provisions of this code do not fully apply to the contemplated activity
or that the type or form of construction is the equivalent to that required by this code.
3. An appeal filed in accordance with the provisions a this code or any other city ordinance
shall not be deemed W stay or suspend operationof any placard notice, order W quit or
other order or action issued by the citys Code Enforcement Officer.
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G. Section PM -112.0 is added, which shall state the following:
SECTION PM -112.0 APPLICABII II
This section shall provide a method for enforcing and searing compliance with the various
provisions, codes and ordinances adopted by the Ory of Bangor.
PM -112.1 Investigation: Upon receipt of information indicating the likelihood of a violation of any
provision of this code or ordinances adopted by the Gty of Bangor, the Code Enforcement Officer
shall investigate the facts and may make an inspection of the premises when legally authorized to
do so.
PM -112.2 Gtabon:
1. If the investigation reveals that a code violation has occurred, the enforcement official may
give a written citation of such violation to the Person, firm or corporation (hereinafter
"violator") having control of any land, building, structure, sign, licensed or permitted
business or operation which is in violation and order Mat the violation be corrected. The
citation may be served in hand to the violator or left with a person of suitable age and
discretion at the residence or place of business of the Wolator or mailed by certified mail,
return receipt requested, to his or her last known address. If the return receipt is not
Named, the citation shall be conclusively presumed to have been served if It is also sent
by regular mail, postage prepaid, which is not returned as undeliverable by the postal
service.
2. In the event that the enforcement official finds that the violation is one which requires
immediate correction to protect the public health or safety, he or she may provide the
citation hereunder by means of telephone or facsimile transmission M the violator or M a
person of suitable age and discretion at the residence or place of business of the violator.
PM -112.3 Content of citation: The citation shall be in writing, shall describe the nature of the
violation, including the ordinance section violated, and shall state the date by which the violation
must be corrected, that a civil penalty in the amount specified under Section PM -112.5 of this
chapter is assessed for the violation, the date by which the penalty must be paid and to whom and
the consequences of failing to pay the penalty within the period stat. The station shall state that
additional penalties will be imposed if the violation is not corrected within the time period set forth
In the Most abater. Any additional citation that may be issued for the same violation shall also state
that all penalties are cumulative.EN
PM -112.9 Time limits for corrective action: The time period specified in a citation within which a
violation must be corrected shall he reasonable taking into consideration of the following factors:
1. The threat posed by said violation to the heakh, safety and welfare of the public;.
2. The nature of the work requiretl to correct the violation; and
3. AN notice period given M the violator in a previous citation for the same violation.
PM -112.5 Interest and enforcement of fines: All i penalties assessed by citation shall be deemed
due and payable within flve days after the date by which the violation was ordered to be corrected.
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All civil penalties not paid when due shall bear interest at the same rate imposed for late payment
of city property taxes. Any civil penalty assessed by citation, when paid in a timely fashion by the
violator, shall her the city from taking further legal action with respect M the violation, mmvked
that the violation is corrected within the time specified by the Code Enforcement Officer.
PM -112.6 Further mediums: If the violation has not been corrected within the time specified in the
first citation, the enforcement official may issue a second citation. The second citation shall contain
the same information set forth In the first citation regarding the nature of the violation but may do
so by reference to the first citation. It shall also state what additional penalties have been imposed
for the second citation. The second citation shall also state that the continued failure to correct the
violation may result in the issuance of further citadery and shall indicate the penalties provided for
the issuance of subsequent citations. The time limits specified for correcting the violation may be
the same as that allowed in the first citation or may be altered If there has been a change in
circumstances. The same procedure shall be followed with regard to the issuance of subsequent
citations.
PM -112.7 Cvil proceedings: If the violation has not been corrected within the period established in
the station, the Code Enforcement Officer or Ory Solicitor may initiate appropriate legal
proceedings to compel the Violator to coned the Nolabon and seek other relief to which the city
may be entitled, including imposition and collection of fines assessed by citations pursuant to
Sections 112.2 and 112.6 above. Such legal proceedings may include the initiation of a land use
complaint pursuant to Rule BOK of the Maine Rules of Ovil Procedure and 30-A M.R.S.A. § 4452, as
amended. The amount of any fine sought by the city in the course of such legal proceedings shall
not be less than the amount of the fine spedfied in the original citation.
PM -112.8 Repeat violations: A violator who has been previously served with a notice of violation
with regard to a specific violation shall not be entitled to receive any further notice of the same
violation if it is repeated. If the enforcement official determines that a violator has repeated the
same violation, he or she may proceed in accordance with. Section PM -112.8 without further notice.
PM -112.9 Effect on other oNinances: Section PM -112.0 of seq. does not supersede or repeal any
other provision of the City's ordinances or this code. &cep[ as provided in Section PM -112.6 above,
nothing herein precludes the initiation of any other legal proceeding which may be authorized by
ordinance or applicable state or federal laws.
H. The definition of Rode official" contained in Section PM -202.0 is deleted and replaced with the
following:
Code official: The Code Enforcement Officer of the Ory of Bangor.
I. Section PM -304.14 is deleted and replaced with the following:
PM -304.14 Insect screens: Wring the period from April 1 to November 1, every door, window and
other usable outside opening used or required for ventilation purposes servicing any building
containing habitable rooms, food- preparation areas, food service areas or any areas where
products used in food for human consumption are processed, manufactured, packaged or stared
shall be supplied with approved, tightly fitting screens of not less than 16 mesh per inch, and every
swinging door shall have a self-closing device in good working condition.
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Exception: 5aeen doors shall not be required for out -swinging doors or other types of openings
which make screening Impractical, providetl that other approved means, such as air curtains or
insect -repellent fans, are employed.
3. Sections PM -602.2, 602.3 and 602.4 are deletetl and replaced with Me following:
1514-602.2 Residential buildings: Every dwelling unit shall be provided with heating facilities capable
of maintaining a room temperature a 660 F. at a level of five feet above the floor and a distance of
three feet from Me exterior walls at an outside temperature of -200 F.
PM -602.3 Heat supply: Every owner and operator of any building who rents, leases or lets one or
more dwelling units, rooming units or dormitory or guest rooms on berms, either express or
implied, to furnish heat W the occupants thereof shall supply sufficient beat to maintain a roan
temperature of not less than 680 F. in all habitable rooms, bathrooms and tenet rooms during Me
hours between 6:30 a.m. and 10:30 p.m. of each day and not less Man 600 F. during other hours.
The temperature shall be measured at a point five fast above the fiber and Move feet from Me
eMerior walls. When the outdoor temperature is below the outdoor design temperature required for
the locality by Me Mechanical Code listed In Chapter 8, Me owner or operator shall not be required
to maintain the minimum room temperatures, provided Mat the heating system Is operating at full
capacity, with supply valves and dampers In a full open position.
PM -602.4 Nonresidential structures: Every enclosed occupied work space shall be supplied with
sufficient heat during Me penal from October 1 W May 15 M maintain a temperature of not less
Man 650 F. (180 C.) during all working hours. The temperature shall be measured at a point three
feet (914 millimeters) above the floor and three feet from the exterior walls.
Exceptions:
1. Processing, storage and operation areas. that require cooling or .spatial temperature
conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
L. Section PM -204.5 is added, which shall state Me following:
PM -704.5 Burglar and other emergency alarm systems: No burglar and other emergency alar
system, as described in Chapter 58, Alar Systems, Article I, Burglar and Emergel Alar
Systems, of Me Code of Me City of Bangor, shall be installed and operated in any structure. unless
Me same shall be installed and operated in compliance with the National Electrical Code in effect in
Me City of Bangor at that time and unless the alar user possesses or has been issued a valid
permit pursuant to Chapter 58 of the Cade of the City of Bangor.
IH CITY C009CIL
Jose D. 2003
First Heading
ge£etred to Infrastructure
Con
o
C
T4
IN CITY C0mtl
Jaly 16, 2003
Hotton Made and Seconded for
Passage
voce: g yes. 1 arisen
Co,maflara voting yes: Allen,
Crowley.,
Pemnay.i^Farring[w. G[ w.
falser.
Rousso S Tree le
Cowallor absent Nealley
Passed
N 0}222
(TITLE,) Amend iog cno Code o£ chn city of
meager of Volsting p[e[ [op¢zty
MIntenence Code and Replacing It v£[n New,:
Cleanest RR3- Property eg"se..M., Q. 'P
Assigned ro councilor
9