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HomeMy WebLinkAbout2001-08-13 01-321 ORDINANCEitem No 01-321 Date: 08-13-01 Item/Subject: ORDER- Amending the Property Maintenance Code, Chapter 223, by Adding New 4 223-7, Uninhabitable Buildings. Responsible Deparbnent Legal/Cade Enforcement The purpose of this new section is to give the Code Enforcement Office an additional tool with which to combat neighborhood decay. The secdan requires that placanded buildings and buildings that are vacant and unfit for use be properly secured and then repaired to minimum code standards within 120 days. Failure to comply within the 120 day period, which may be extended for good cause, is a evil violation with a fine of $100 per day upon ronvictlon. Department head manager's Comments: For some time now, we have been discussing alternative approaches towartl dealing with vacant antl placarded buildings. Our traditional approach has been to attempt to work closely with property owners to return such buildings to use. While this appmach has been successful in many instances, in others it has not and buildings have remained vacant and placarded for significant periods of time. The longer a building remains varznq the greater the likelihootl that it will bath not be returned to service and that it will have a significant negative impact on surrounding propemes. The attached ordinance will provide us with stronger and more consistent enforcement tools to deal with problem properties. The Council has taken a firm Policy stance that existing neighborhoods and properties must be protected. This ordinance is in line with that approach. While it may result in some problems and complaints from specific property owners, I believe it is in the best long-term Interest of the community. The Infrastructure Committee has reviewed this proposal and recommends your approval. s� , ❑ty Manager Assacated Information: Ordinance Finance Director regal APPmval: CM Suliator Introduced far Passage _x First Reading Page _ of palatial 01-321 Assigned to Cmmcilov Cowley August 13, 2001 CITY OF BANGOR (TITLE.) Ordinance, Amending the Property Maintenance Code, Chapter 223, by Adding New § 223-3, Uninhabitable Buildings. && ordained by the O'ry of9xW, as fobxr §223-3. Unimrabiteble Buildings A. BUILDING TO BE SECURED. After any building or structure or portion thereof has been vacated and placarded by order of the Code Enkrcement Officer as unfit for human habitation pursuant W the Code of the City of Bangor, or is vacant and is in such condition that no residential, commercial or other au oonand use coudd be made of some, the Code Enforcement Officer shall require that any such budding, mounts, or portion thereof, and any and all windows without glass or with broken glass be hoarded ups and all doom or other openings securely fastened to prevent mautbonzed entrance Into said building or structure. B. REHABILITATION. The owner, agent or other person responsible shall, within 120 days after a vamen move given pursuant to subsection C is served or published, rehabilitate the building or structure and make it fit for human habitation or for commercial or other authorized uses. Said 120 day period may be extended for good cause and where the public health, safety and welfare is net endangered, upon vnitten application W the Initabouctum & Development Support Committee. No building or structure stall be perramell W remain placarded for longer than 120 days from the date of notice mdess an extension is granted by Use Infrastructure & Development Support Committee. C. NOTICE. A written notice shall be served upon the owner, his or her again, all other encumbrance holders of record, persons in possession and persons having a recorded leasehold interest by Registered Mail, personal service or publication. If notice is served by publication, notice sball also be posted at the premises. Said notice stall saw the date of the vacation enter and the daze by which What must be commenced. D. NOTICE OF STARTING WORK. Every person W whom a permit is issued shall notify the Code Enforcement Officer when actual work of repairing or demolishing said building is W bi commenced. E. VIOLATIONS & PENALTY. The requirements of 30-A M.R.S.A. § 4,152 shall apply to the detemdnation of penalties for violations of this chapter. The minimum penalty for a specific violation of this chapter shall be $100 per day and the maximum penalty, shall be $2,500; provided, however, that the m atimum penalty may exceed $2,500 bat shall not exceed $25,000 when it can be shown (bat time has been a previous conviction of the same party within the past two years for violation of the more chapter provision. Each day a building or structure remains placarded constitutes anew violation. IH CRR WO IL July 13, 2001 First Beading p 01-321 OB➢IBABCB IN ="cog m fff E,) emeoaive tw yxonexn winceamce' August 27. 2001 Cade. Chapter 223. by Adding gen 4223-3. motion Made aed :._ UninLabitable Buildings Seconded for Passage Vote: ) yes. 2 absent Cowcilor wHag yea: Baldacci. BLmcbette. Farrington, Palaer.: Robman, Tremble A vav a s Coenci ora absent Crowley -6 Faxnban Anlgn bCou.lor Passed