HomeMy WebLinkAbout2000-10-23 00-396 ORDINANCEIti'�Pl fl=^, M.,
Drte 1tr]3AO Item all 396
Item/gulijal Amending Chapter Ili - AAopolg Bhe 2000 Edition of the International Property
Malnteral Code
B.esporuible Deparlmdrt: Code Enforovnent DlMslon
Cam'memary:
To further the DMsion's mlssbn of pins ln9 the publlifs safety the City, for the last 30 years has
regularly updated ll Code's m are nwrt recent publ6hed edhion.
Like the Meclu nbl and Building Codes the BCCA Properly Maintenance Curie has evolved to the
nationally accepted Intenatioml Pmperty Maimmnance C de while mainlalning the fanalar BOLA
format.
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Manager=s Comments: C{Qp uedhPa Auetvr
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associated Information
Budget Apl mval:
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Introduced F
Passage
Fest Reading
Referral
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V
Assigned to Couvcilar Haldacci OcroDer 23. 20no
CITY OF BANGOR
(TITLE.) Ordinance, Amend"Amendylo the Cgdg gf the City of Bamoor IN Deletim Chapteir 223, Property
Maintenace Code,and Repladna It with New Chapter 223 Maintenance Code
be aCaJxdbyNre OtY ofAfSo, astoylihtr
§ 223-1. Adoption of code.
In accordance with 30-A M.R.S.A. § 3003, the International Property Maintenance Code 2000,
published "e International Code Council, Inc., is hereby adopted as the Property Maintenance Code
of the Coy of Bangor for the purposes of:
A. Establishing minimum standards governing the cor-Mon, maintenance and rehabilitation of all
existing structures;
B. Establishing minimum standards governing supplies, utilities and facilities and other physical
brings and conditions essential m ensure that structures are safe, sanitary and fit for occupation
and use;
C. Establishing minimum standards governing Me 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 for human habitation and the demolition of won
structures.
§ 223-2. Amendments.
The Il National Property Maintenance Code/1996 is adopted in it published form as If fully set
forth herein, except as follows:
A. Section PM -101.1 is deleted and replaced with the fallowing:
PM -100.1 Title: There 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-106.2Is deleted and replaced with the following:
PM -106.2 Penalty: The penalty for violations of this code shall be imposed In accordance with 30-A
M.R.SA. § 4452. Each day such a violation is permitted to exist, after notification by the Code
Enforcement Officer, shall constitute a separate offense.
C. Section PM -107.5 is amended by the addition of the fallowing sentence:
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For the purpose of this section, the terminology "sell, transfer, mortgage, lease or otherwise
dispose or shall include the emcution 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 searing 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 be made inaccessible
to entry in keeping with these standards.
3. Windows, doors and other openings above the third floor must be closed and locked and, if
gland, replaced or boarded if broken.
4. All window openings shall be dosed through application of a minimum five -eights -inch
plywood cut to fit 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.
5. All plywood used for board -up purposes shall be painted to match the color of the building
or building thin.
6. All doors and other openings shall be locked, barricaded from the inside and secured with
wooden boards at least 5/8 Inch In thickness, nailed across such opening with not fewer
than eight penny nails at twelve -inch intervals.
7. 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
feet deep covered over with earth, and said boards shall be attached to the wall with ether
nails or masonry nails, as appropdate. Board size and nailing should be in accordance with
Subsection 4 above.
8. Openings unprovided for in these standards shall be closed in accordance with the
speciFlcations of the inspector.
9. Acceptance by the Code Enforcement Division shall be required. A cal for inspection at 945-
440, EMension 124 is required upon completion.
10. Periodic maintenance of the grounds and inspection of the adequacy of steps taken to
secure the building are required.
E. Sec 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 Cade/1996, or subsequent amendments thereto, the Code Enforcement Officer may
order an immediate vacating of any part of, or all of, a structure which loses its source of heal
cooling, hot water, water supply or sewer service or has malfunctioning electrical service or has
been substantially damaged due to fire or natural disaster.
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1. When, in the opinion of the code official, there is actual and immediate danger of failure or
collapse of a structure which would endanger In, or when any structure has fallen and life
Is endangered by the occupancy of the structure, or when there is actual or potential
danger to the building occupants or those in the prammify of any structure because of
explosives, explosive fumes or vapors or the presence of toxic 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 forthwith. He or she
shall cause to be posted at the main entrance W such structure a notice reading as follows:
'This structure is unsafe and its use or occupancy has been prohibited by the code official."
2. It shall be unlawful for any person to eller 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. 97-59] 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 deleted and replaced
with the following:
PM -111.1 Appeals:
1. Any 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 hearing on
the matter before the Board of Appeals established under Chapter 23, Article I of the Code
of the City of Bangor. All procedures, fees and requirements for appeals and hearings
before the Board shall be governed by the provisions of Chapter 23, Artide I.
2. The Board's decision may only reverse or modify the Code Enforcement Officer's 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 of this cade or any other city ordinance
shall not be deemed to stay or suspend operation of any placard notice, order to quit or
other order or action Issued by the city's Code Enforcement Officer.
G. Section PM -112.015 added, which shall state the following:
SECTION PM -112.0 APPCICABLLTy
This section shall provide a method for enfbming and searing compliance with the various
provisions, codes and ordinances adopted by the City 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 City of Bangor, the Code Enforcement macer
shall investigate the facts and may make an InspeNon of the premises when legally authorized to
do so.
PM -112.2 Citation:
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
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"violator") having control of any land, building, structure, sign, licensed or permitted
business or opeadon which is in violation and order that the violation be corrected. The
citation may be served in hand to Me violator or left with a person of suitable age and
discretion at Me residence or place of business of the violator or mailed by certified mall,
realm receipt requested, to his or her last known address. If the return receipt is not
returned, the citation shall be conclusively presumed to have been served If It is also sent
by regular mail, postage prepaid, which Is not recurred as undeliverable by the postal
service.
2. In the event that the enforcement official fords that the violation is one which requires
immediate correction ta protect the public health or safety, he or she may providethe
citation hereunder by means of telephone or facsimile transmission to the violator or to a
person of suitable age and discretion at the residence or place of business of the vblator.
PM -112.3 Content of citation: The citation shall be in wring, shall describe the nature of the
violation, including the ordinance section violated, and shall state the date by which the violation
must be connected, 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 stated. The citation shall state that
additional penalties will be Imposed if the violation is not conected within the time period set forth
in the firs[ citation. Any additional citation that may be issued for the same violation shall also state
that all penaldes are cumulative.EN
PM -112.4 Time limits for corrective action: The time period specified in a citation within which a
violation must be contacted! shall be reasonable taking into consideration of the following factors:
1. The threat posed by said violation ta the health, safety and welfare of the public;
2. The nature of the work required to correct the violation; and
3. Any notice period given to the violator in a previous citation for the same violation.
PM -112.5 Interest and enforcement of fines: Al civil penalties assessed by citation shall be deemed
due and payable within five days after the data by which the violation was ordered to be committed.
All civil penalties not paid when due shall bear interest at the same rate imposed for late payment
of city property taxes. Arty civil penalty assessed by citation, when paid in a timely fashion by the
violator, shall bar the city from taking further legal action with respect to the violation, provided
that the violation is corrected within the time specified by the Code Enforcement Officer.
PM -112.6 Further citations: 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 citations and shall indicate the penalties provided for
Me 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.
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PM -112.2 Civil proceedings: If the violation has not been correctetl within the period established In
the elation, the Code Enforcement Officer or City Solicitor may initiate appropriate legal
proceedings to compel the violator to correct the violation 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 80K of the Maine Rules of Civil Procedure and 30-A M.R.S.A. 4 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 specifed 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 entitletl to receive any further notice of the same
violation if R Is repeated. If the enforcement official determines that a violator has repeated the
same violation, he or she may proceetl in accordance with Section PM -112.8 without further notice.
PM -112.9 Effect on other ordinances: Section PM -112.0 at seq. does not supersetle or repeal any
other provision of the city's ordinances or this code. Except 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 "code offidal" contained in Section PM -202.0 is deleted and replaced with the
following:
Code official: The Code Enforcement Officer of the City of Bangor.
I. Section PM -304.15 Is deleted and replaced with the following:
PM -304.15 Insect screens: During 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 stored
shall be supplier with approved, fghtiy fitting screens of not less than 16 mesh per Inch, and every
swinging door shall have a self-closing device in good working condition.
Exception: Screen doors shall not be required for out -swinging doom or other types of openings
which make screening impradical, provided that other approved means, ouch as air curtains or
insect -repellent fans, are employed.
3. Sections PM -602.2, 602.2.1 and 602.2.2 are deleted and replaced with the following:
PML02.2 Residential buildings: Every, dwelling unit shall he provided with hearing facilities capable
of maintaining a room temperature of 680 F. at a level of five feet above the Boor and a distance of
three feet from the exterior walls at an outside temperature of -200 F.
PM -602.2.1 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 terms, either express or
implied, to furnish heat W the occupants thereof shall supply suthdent heat to maintain a room
temperature of not less than 680 F. in all habitable rooms, bathrooms and toilet rooms during the
hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 600 F. during other hours.
The temperature shall be measured at a point five feet above the Floor and three feet from the
exterior walls. when the outdoor temperature is below the outdoor design temperature required for
the locality by the Mechanical Code listed in Chapter 8, the owner or operator shall not be required
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to maintain the minimum mom temperatures, provided that the beating system is operating at full
capacity, with supply valves and dampers in a full open position.
K. Section PM -692.3 is deleted and replaced with the hollowing:
PM -602.3 Nonresidential structures: Every enclosed occupied work space shall be supplied with
sufficient heat during the period from October 1 to May 15 ro maintain a temperature of not less
than 65' F. (18° 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 special temperature
conditions.
2. Areas in which persons are pdrinn ly engaged In vigorous physical achAties. -
L. Section PM -]0].2 is added, which shall state the following:
W-707.2 Burglar and other emergency alarm systems: No burglar and other emergency alarm
system, as described In Chapter 58, Alarm Systems, Article I, Burglar and Emergency Alarm
Systems, of the Code of the City of Bangor, shall be installed and operated in any structure unless
the same shall be Installetl and operated in compliance with the National ElMrial Code in effeR in
the City of Bangor at that time and unless the alarm user possesses or has been issued a valid
permit pursuant to Chapter 58 of the Code of the City of Bangor.
m CITY COOMCIL
October 23. 2M
First Reading
Referred to c s
Comattcee��/1,„
cx ewR�"T
IR CITY LtlORCIL
November 13. 2000
Notion for Passage Made and
Seconded
vote s yea
Councilors voting yes: ealdacci.
3feechetce. Crowley. Farnhan. ealner
Roboen. Tremble b vardaois
Passed
�CLBBR m _
MINANU
(TRLE,) dneadiae the Code of tba City of
9 or by Oaletitig Chapter 223. Property
Mnintevavce Code. and Replacing It with
-Now-cIapter opera _ tea•gpe ,ode
nssiRoa to Csmoeio, km