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HomeMy WebLinkAbout1998-10-26 98-426 ORDERCouncil Action Date ///i Item No. 98-926 Item/Subject: Condemnation of Building at 33 Cumberland Street Responsible Department: Community and Economic Development - Code Enforcement Division Commentary: This building was believed to have been vacant for 30 years. About 3 years ago we found it was being used, and had been used throughout the time period for warehouse. The structure has significant foundation deficiencies, shows marked signs of deterioration over the last decade and is a blight on the neighborhood. We have had several contacts with State Wide over the last 3 years and they have shared with the City the Intention to make repairs/rmovations to the warehouse but, to date, have not followed through with an�vreepaiirs..'�Q^ QAµ• " CodeElrcemeto O eco managers Comments; li Op U;4 Kii4 fiAad. m a�ai'h+ IaJ� p�vn, �kwAb+�. P.I.ObAue u.�c^� a.n Mn..a pne f .� A ewe d r.d (ft"J" Wd'ub � Ciry Manager Associated information:(gw� 11�` dYFinance Diror Legal Approval: NJY Clrysoliefor Introduced For �' passage _ First Reading Referral A Oigned to Coonaor achoan O oez 26, 1998 CITY OF BANGOR (TITLE.) Mrtbgr, Relative to Condemnation of a StradNre Located at .,,.,-.-33 Cumberland Stteeq Bangor, Msine - Dangerous. Budding By the(3ety Co of Ne 0911 of Ba . OSDRUD, MT WHEREAS, the Bangor City Council, acting in its capacity as the Municipal Officers of the City of Bangor, held a public hearing pursuant to 17 M.R.S.A. § 2851 -2859 to determine whether or not the building or structure located at 33 Cumberland Street, City of Bangor, State of Maine, on a lot described in a deed recorded in the Penobscot County Registry of Deeds in Volume 2650, Page 166, and owned by State Wide Floor Waxing, of Bangor, Maine, consdtutes a dangerous building and a nuisance within the meaning of said statute; and WHEREAS, on the basis of the evidence and testimony presented at said public hewing, the Bangor City Council finds that the building or structure in question is structurally unsafe, unstable, unsanitary, constitutes a fire hazard, is unsuitable or improper for the use or occupancy to which it may be put, constitutes a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence or abandonment, and is otherwise dangerous to the life and property of the inhabitants of the City of Bangor, WHEREAS, a list of the specific conditions and code violations, as found by the Bangor City Council, which cause said building or structure to be a nuisance and dangerous building as provided in 17 MRSA. § 285 t, et seq., is attached to this Order ("Violation List'); and WHEREAS, the Bangor City Council hereby adjudges said building or structure to be a nuisance and dangerous building, as provided in 17 M.R.S.A. § 2851, et seg. NOW THEREFORE, the Banger City Council hereby ORDERS that said building or structure be disposed of as follows: The owner or owners of said building or stmcturt may choose Option 1 or Option 2: -I- OPTION (1) Said building or structure shall be demolished by the owners thereof within thirty (30) days of the date ofpassage of this Order, in conformity with the Code of the City of Burger; (2) In the event the building or structure is not demolished by the owners within the 30 days, the Code Enforcement Officer for the City of Bangor may cause the building or machine to be demolished or removed. The expense of such demolition or removal shall be assessed against the owner or owners of the property in accordance with 17 MRSA. § 2853; and (3) In the event the building or strucnne is not demolished by the owners within said 30 days, the Code Enforcement Officer for the City of Bangor may also remove and dispose of any personal property remaining in the building or structure upon the expiration of the 30 days, in accordance with state law. OPTION 2 (1) Within thirty (30) days after passage of this Order, the owners of the building or structure located at 33 Cumberland Street shall apply for all necessary building permits to correct all conditions and code violations listed in the Violation List attached to this Order. Upon application for such permits, the provisions of this Order requiring demolition of the building or structure shall be stayed for a period of one hundred and twenty (120) days; (2) Upon completion of aB work necessary to correct all conditions and code violations listed in the Violation List, and upon final inspection and certification of the necessary work the by the Code Enforcement Officer and the City Engineer for the City of Retailer, within said 120 day period, provisions of this Order requiring demolition of the building or structure shall be void. Provided, however, that if all necessary work has not been completed within said 120 days so as to correct all conditions and code violations listed in the Violation List, the Code Enforcement Officer for the City of Bangor shall proceed with the demolition of the building or structure and disposal of personal property as provided under Option 1, paragraphs (2) and (3) above. BE IT FURTHER ORDERED, that the Bangor City Solicitor, or his representative, is hereby authorized to take any and all additional action necessary to secure the execution of this Order. -2- IN CIT4 COUNCIL - October 26, 1998 - - Public Nearing Opened: No one from the Public Spoke Motion to continue the Public Heating and Table Order until the first December meeting of the City Council Motion Seconded Tabled IN CITY COUNCIL Decembet 16, 1998 Motion to Table Made d Seconded Tabled FE C CL IN CITY COUNCIL February 8, 1999 Notloo to Indefinitely Postpone Made and Seconded Indefinitely Postponed 17 CLERIC 98-426 ORDER Title. Relative to Condemnation of a Structure Located at 33 Cumberland Street, bangor, Maine - Dangerous Building