HomeMy WebLinkAbout2002-09-09 02-342 ORDINANCEDUNCIL AMON
Item No. 03-342
Date: September% 2002
Item/Subject ORDINANCE - Amending Me Cade of the City of Bangor, Chapter 23, § 23-311; Chapter
165, §'165-11F; Chapter 170, § 170-31); and deleting Chapter 71, § 71-27.
Responsible Department Legal
Commentary:
This is a housekeeping amendment designed to consolidate the provisions for appeals to the
Superior Court in Chapter 23 (governing the Board of Appeals), Chapter 165 (land Development
Code), Chapter 170 (Life Safety Code), and Chapter 71(Bangor Center Revitalization Area).
All appeals m the Superior Court are governed by Rule 805 of the Maine Rules of Civil
Procedures, which has a 30 -day time limit; however, § 23-3H and § 71-27 inadvertently extend
the time for appeal to 45 mains. Alan, § 165-I1F(1), § 170-31), and § 71-27 are redundant in Mat
the all appeals from Me Board of Appeals are directed to Me Superior Court in accordance with
§ 23-3H.
panment H� d
Manager's Comments: /,/' &//
City Manager
Associated Information:
Finance Director
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CK Soocz
Passage
First Reading ��II ��/I Page_&_
Referral 4% 4dA+yaurtN^L�
02-342
Assigned t, Cw cilor Pobvav September 9, 2002
CITY OF BANGOR
(TITLE.) Ordinance, Amending the Code of the City of Bangor, Chapter 23, § 23-3H; Chapter
165, § 165 -IIF; Chapter 170, § 170-3D; and deleting Chapter 71, § 71-27.
Be ItoA*kvd by Me City of Bangor, as follows:
That Chapter 23, § 23-311 be amended as follows:
§ 23-3H. Appeals to Superior Court Further appeals may be taken from any action of
the Board of Appeals , by any parry,
including the City of Bangor, to the Superior Court from y eFde ,�-rel L4 O: dem, in
accordance with Rule 80B of the Maine Rules of Civil Procedure.
That Chapter 165, § 165-11F be amended as follows:
§ 165 -IIF. Appeals to Superior Court.
(1) A pa ty may appeal a See a an of the Beard of Appeals to the Superior (33ault m
(2)A party may appeal any final action of the Planning Board to Superior Court in
accordance with Rule 80B of the Maine Rules of Civil Procedure.
That Chapter 170, § 170-3D be amended as follows:
§ 170-3. Appeals.
D. Appeal to die Super or Court. Further appeal from the dee sion of the Beard
Procedure; Rule BOB;
That Chapter 71, § 71-27 be deleted in its entirety.
§ 71 27. FurtheF appeals. FuFtheF appeals may be taken from any act on of the BaHg9F
BsaFd as Appeals w th n 45 days after the deds an is rendered by any party, nelud ng
relief or degral r H ae nFidancp )r.f th R Ap HOP of the Maine Rules of C v I Procedure.
Statement of Fact: New text is underlined; deleted text is ereased meet.
IN CITY COUNCIL
September 9. 2002
First Reading
Refetred to Infrastructure
Caatttee
I CLeNN
IN CITY COUNCIL
September 23, 2002
Notion Made sed Seconded for
Passage
Vote: 8 yes, 1 absent
Craacilors voting yes: Atlas,
Baladacci, Paenham, Farringtoa,
Nealley, Palmer, Nohnou d
Tremble
Councilor absent: Umley
Passed n
`/ Ctcnc V
# 02-342
(TITLAnand
mall Anenng the Code of the Uty of
r. Chapter pier 5.
6165-11F; Chapter 170. 4170-30g and Deleting
Cfaster 71, 571-27
Assigned to Councilor LSUAt�'
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