[HISTORY: Adopted by the City Council of the City of Bangor 1-14-2013 by Ord. No.
13-051. Amendments noted where applicable.]
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:
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:
Loud music;
Boisterous gatherings;
Excessive, loud or unnecessary noises audible beyond the property
line;
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)]
Other similar activities occurring within or outside any building
located on the property.
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.
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.
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.
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.
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.
Shall mean:
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
Residential building(s), including one-family dwelling(s), multiple
dwellings, and rooming houses or boardinghouses; or
Residential occupancies in building(s) of mixed occupancy.
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]
A.
A disruptive property is hereby declared to be a public nuisance.
B.
The owner of a residential property shall provide sufficient control,
oversight, monitoring, and management of the property to prevent the
same from becoming a disruptive property.
C.
The owner of a disruptive property shall be responsible for taking
all necessary measures to abate or eliminate the public nuisance.
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.
A.
Whenever the Police Chief determines that a disruptive event has
occurred, the Police Chief shall notify the owner of the property
as to the Chief's findings according to the number and frequency of
prior disruptive events, if any, as provided below.
(1)
First disruptive event. At the earliest time possible, but within
not more than seven days after the first disruptive event at a property,
the Police Chief may serve the owner with a copy of this chapter and
a disruptive event notice advising the owner that the Police Department
has documented the occurrence of a disruptive event at the owner's
property. Copies of the disruptive event notice shall be provided
to City Council members, the City Manager, Code Enforcement Officer
and the Fire Chief. The notice shall also advise the owner that subsequent
events will result in the property being classified as a disruptive
property, and warn the owner that failure to prevent the property
from becoming a disruptive property will constitute a violation of
this chapter.
(2)
Second disruptive event. At the earliest possible time, but within not more than seven days after the second disruptive event at a property, the Police Chief may serve the owner with a copy of this chapter and a disruptive event notice advising the owner that the Police Department has documented a second disruptive event at the owner's property. In the event that the property has accumulated at this time two disruptive events within a sixty-day period, the Police Chief shall further notify the owner that the property has been classified as a disruptive property and that the owner is in violation of this chapter and is subject to a remediation process as set forth in § 99-9 of this chapter. Copies of the disruptive event notice shall be provided to City Council members, the City Manager, Code Enforcement Officer and the Fire Chief.
(3)
Third disruptive event. At the earliest time possible, but within not more than seven days after the third disruptive event at a property, the Police Chief may serve the owner with a copy of this chapter and a disruptive event notice advising the owner that the Police Department has documented a third disruptive event at the owner's property. In the event that the property has accumulated at this time three disruptive events within a 120-day period, the Police Chief shall further notify the owner that the property has been classified as a disruptive property and that the owner is in violation of this chapter and is subject to a remediation process as set forth in § 99-9 of this chapter. Copies of the disruptive event notice shall be provided to City Council members, the City Manager, Code Enforcement Officer, and the Fire Chief.
(4)
Fourth disruptive event. At the earliest time possible, but within not more than seven days after the fourth disruptive event at a property, the Police Chief may serve the owner with a copy of this chapter and a disruptive event notice advising the owner that the Police Department has documented a fourth disruptive event at the owner's property. In the event that the property has accumulated at this time four disruptive events within a 180-day period, the Police Chief shall further notify the owner that the property has been classified as a disruptive property and that the owner is in violation of this chapter and is subject to a remediation process as set forth in § 99-9 of this chapter. Copies of the disruptive event notice shall be provided to City Council members, the City Manager, Code Enforcement Officer, and the Fire Chief.
(5)
Fifth disruptive event. At the earliest time possible, but within not more than seven days after the fourth disruptive event at a property, the Police Chief may serve the owner with a copy of this chapter and a disruptive event notice advising the owner that the Police Department has documented a fifth disruptive event at the owner's property. In the event that the property has accumulated at this time five disruptive events within a 360-day period, the Police Chief shall further notify the owner that the property has been classified as a disruptive property and that the owner is in violation of this chapter and is subject to a remediation process as set forth in § 99-9 of this chapter. Copies of the disruptive event notice shall be provided to City Council members, the City Manager, Code Enforcement Officer, and the Fire Chief.
B.
Method of service. For the purposes of this section, notices to the
owner shall be served in the following ways:
A.
Once a property has been classified as a disruptive property by the
Police Chief, the owner shall be required to undertake a plan of remediation
to abate and eliminate that public nuisance in accordance with this
section.
B.
If the property has not undergone a comprehensive code and fire-safety
inspection within the prior 360 days, the owner must agree to make
available the entire property for a comprehensive inspection by the
Fire Department and the Office of Code Enforcement and schedule such
inspections to be completed as soon as possible, but within 14 days
of the notice of the disruptive property classification. Furthermore,
the owner shall notify in writing all tenants and occupants of the
property of the scheduled inspections and provide copies of such notices
to the Police Chief. The owner shall also cooperate fully with the
City officials to gain entry to all areas of the property. If the
property is an owner-occupied one-family dwelling, the foregoing requirements
shall only apply if the Code Enforcement Officer has reasonable grounds
to believe that a violation of any applicable codes or ordinances
exists on the property.
C.
The owner, or the owner's duly authorized agent, shall meet with
the Police Chief either within 14 days of the notice of the disruptive
property classification or within 14 days of the completion of the
inspections outlined in this section, where such inspections are required.
D.
At the time of this meeting, the owner, or the owner's duly authorized
agent, shall provide to the City the following documentation:
(1)
A complete description of the property, including, but not limited
to:
(a)
A list of all dwelling units and their postal or Emergency 911
address designation as they are located on the property;
(b)
Floor plans or sketches for all structures located on the property
showing the location of all dwelling unit entrances and egress points,
sleeping areas, and common areas;
(c)
A site description and sketch acceptable to the Code Enforcement
Officer and Fire Chief showing the locations and dimensions of all
structures, yards or open spaces or recreational spaces, walkways,
parking spaces, driveways, and curb cuts; and
(2)
Other descriptive items as might be requested by the Code Enforcement
Officer, Fire Chief or Police Chief.
(3)
Listing of the names of all tenants and other authorized occupants
of the property at the time of the disruptive property classification.
(4)
A copy of the terms and conditions contained in any occupancy agreement(s)
or other lease document(s) agreed to by tenants of the disruptive
property.
(5)
Documentation of any other written or verbal arrangements authorizing
occupancy of the disruptive property that may exist in addition to
a lease agreement.
E.
At the time of this meeting, the Police Chief shall, to the extent
permitted by law, provide to the owner, or the owner's duly authorized
agent, documentation of municipal actions that involved the property
in question that were taken in the 360-day period preceding the disruptive
property classification, including but not limited to records of all
disruptive events, disturbance complaints, code enforcement complaints
and inspections, and fire-safety inspections.
F.
Remediation agreement. At the meeting, the owner, or the owner's duly authorized agent, must agree to take effective measures to address the disruptive property, which measures must be satisfactory to the Police Chief and shall be memorialized in a written agreement at the conclusion of the meeting. Remedial measures may include the owner, or the owner's duly authorized agent, taking appropriate steps through the judicial system to terminate the tenancy of the tenant who engaged in disorderly activities. Remedial measures identified in the agreement shall be implemented within 14 days of the meeting. The Police Chief and the owner, or the owner's duly authorized agent, shall sign this written agreement and copies shall be provided to the members of the City Council and the City Manager. In the event that the owner, or the owner's duly authorized agent, fails or refuses to enter into such a written agreement, the Police Chief may pursue an enforcement action as authorized under § 99-12. Furthermore, in the event that the owner, or the owner's duly authorized agent, fails to meet the obligations of the agreement within the specified timetable to the satisfaction of the Police Chief, the Chief may pursue an enforcement action under § 99-12.
G.
If the owner enters into a remediation agreement acceptable to the
Police Chief, the Chief shall delay commencement of an enforcement
action, if, in the opinion of the Chief, the owner is making a good-faith
effort to implement the remediation agreement and no new disruptive
event occurs on 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
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.
A.
It is a further violation of this chapter for any owner to:
(1)
Refuse to meet with the Police Chief as required by § 99-9, or to have the owner's duly authorized agent meet with the Chief; or
(3)
Fail to fully implement the remediation agreement in compliance with
the timetable specified in the agreement; or
(4)
Fail to abate or eliminate the disruptive property public nuisance.
B.
The Police Chief, with the approval of the City Manager, is authorized
to institute, or cause to be instituted, any and all actions and proceedings,
either legal or equitable, that may be necessary or appropriate to
enforce the provisions of this chapter and to seek the abatement and
elimination of the disruptive property public nuisance.
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.
