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