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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 ZI 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�' w