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
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Legal Approval: NJY
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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