The purpose of this chapter is to protect the health, safety,
and welfare of the residents of the City of Bangor by eliminating
the proliferation of properties harboring occupants who disturb the
peace and tranquillity of their neighborhoods.
The City Council hereby finds that:
A. The City has a substantial and compelling interest in protecting
the health, safety, property, and welfare of its citizens and the
neighborhoods affected by chronic unlawful or nuisance activity.
B. Chronic unlawful or nuisance activity of various kinds on and near
disruptive properties adversely affects the health, safety and welfare
of citizens and diminishes the quality of life in neighborhoods where
this chronic activity occurs. Chronic unlawful or nuisance activity
constitutes a public nuisance and should be subject to abatement.
C. The existing ordinances and enforcement processes do not adequately
control chronic unlawful or nuisance activity or its detrimental effects
on citizens and neighborhoods where such chronic activity occurs.
D. Establishing the regulatory scheme contained herein will alleviate
the problems created by chronic unlawful or nuisance activity through
early intervention by the Chief of Police.
This chapter shall apply to the owner(s) of all residential property, as defined in §
99-4, located in the City of Bangor.
As used in this chapter, the following terms shall have the
meanings indicated:
DISRUPTIVE ACTIVITIES
Situations created, originating, or conducted within a building
or within the boundaries of the property on which a building is located
by the owner, owner's employees, owner's representatives, occupants,
tenants, or customers thereof, or the visitors to any such owner,
occupant, tenant, or customer, which would unreasonably disturb the
community, the neighborhood, or an ordinary individual of normal sensitivities
at or beyond the property line, including but not limited to:
C.
Excessive, loud or unnecessary noises audible beyond the property
line;
D.
Altercations occurring on the property, such as fighting, disruptive
conduct, brawling or similar activities, excluding incidents involving
domestic violence;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Other similar activities occurring within or outside any building
located on the property.
DISRUPTIVE EVENT NOTICE
A document summarizing the findings of the officer investigating
a complaint or the officer's observations. The notice shall contain
the time, the property identification, the identification of the officer,
basis of the complaint or observations, citation of this chapter and
identification of the provisions violated and other items deemed appropriate
by the Police Chief.
DISRUPTIVE EVENTS
Any twenty-four-hour period commencing at noon and ending at noon of the following day during which a police officer observes or the Police Department receives one or more complaints of a disruptive activity to which the Police Department responds and substantiates that a disruptive activity has occurred as outlined in §
99-4 of this chapter. The Police Chief shall, after review of all relevant information, determine whether a disruptive event has occurred.
DISRUPTIVE PROPERTY
Any residential property for which the Police Chief has notified
the owner that the Police Department has documented and substantiated
either two or more disruptive events within 60 days; or three or more
disruptive events within 120 days; or four or more disruptive events
within 180 days; or five or more disruptive events within 360 days.
OWNER
Any person, including any legal entity, having the right
of legal title or the beneficial interest in a residential property
or any portion thereof, as that interest is recorded in the tax records
of the City of Bangor or the Registry of Deeds of Penobscot County.
POLICE CHIEF
The acting Chief of Police of the City of Bangor or other
official of the Police Department as may be designated by the Police
Chief.
RESIDENTIAL PROPERTY
A.
Shall mean:
(1)
Lot(s), plot(s), or parcel(s) of land on which a residential
building(s) or a building(s) of mixed occupancy is located; or
(2)
Residential building(s), including one-family dwelling(s), multiple
dwellings, and rooming houses or boardinghouses; or
(3)
Residential occupancies in building(s) of mixed occupancy.
B.
For the purpose hereof, a "mixed occupancy building" means a building used for any purpose that also contains residential occupancy or short-term rental, as defined in §
254-3, therein.
[Amended 10-23-2023 by Ord. No. 23-308]
No owner of residential property shall maintain, or allow to
be maintained or to exist on the owner's property, a disruptive property
as defined in this chapter. Each and every day that a disruptive event
shall be permitted to occur on the property after it becomes classified
by the Chief of Police as a disruptive property shall constitute a
separate offense.
The Police Department shall document all responses to observations
or complaints of disturbance or disruptive activities. In the absence
of a complaint, an officer may investigate a disruptive activity based
upon the officer's own independent observation. The officer(s) responding
to a disturbance complaint of the officer's own observation shall,
at the officer's sole discretion, classify each incident as either
a substantiated disruptive activity or as an unsubstantiated complaint
or observation. The officer(s) shall identify all properties that
are the object of the complaint or observation. The officer shall
issue a verbal and/or written warning to any person observed by the
officer to be present at the property that is the object of the complaint
or observation advising them to cease any further disruptive activity
on the property. The responding officer(s) need not identify a single
individual associated with the complaint or observation at the property.
The disruptive property classification shall be removed from
the property by the Police Chief upon the Police Chief's determination
of all of the following:
A. The passage of 180 days from the date of the last disruptive event
without the occurrence of any substantiated disruptive events; and
B. Payment of all civil penalties and costs arising from the enforcement
action; and
C. Verification by City Officials that all deficiencies, if any, discovered during any inspection under §
99-9 have been corrected; and
D. Satisfactory implementation of the remediation agreement required under §
99-9.
Any person who is found to be in violation of any provision
of this chapter shall be subject to a civil penalty of not less than
$500 and not more than $1,000. Each violation of a separate provision
of this chapter, and each day of violation, shall constitute separate
offenses. In addition, if the City is the prevailing party in an enforcement
action, said person shall also be liable for all reasonable expenses
incurred by the City in the enforcement of this chapter, including,
but not limited to City of Bangor staff time, attorney's fees, and
costs. All civil penalties shall inure to the benefit of the City
of Bangor.
In the event that any provision of this chapter is held to be
unconstitutional or otherwise invalid by any court of competent jurisdiction,
the remaining provisions of the chapter shall not be invalidated.