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HomeMy WebLinkAbout1998-10-26 98-427 ORDERCouncil Action Dateif, Item No. 96-427 IteMsubjecc Condemnation of Building at 13 Nelson Street Responsible Department: Community and Economic Development -Code Enforcement Division commentary. This structure was found to be unfit for human use and/or habitation in 1997. In February of this year it was damaged by Fire. The owner has made no attempts to repair. The report by City Engineering demonstrates structural failure. This building has been of concern for a number of years. Neighbors have petitioned the City to proceed with this anion. Staff's findings support their mirtention that the building is a blight, not economically feasible to rehabilitation and a danger. Budget Approval: Ar FlwreeD wfw City Soliawr Introduced For Passage First Reading "nal 98-627 Aeeip,d m Cou.odlm 6elen111 October 26, 1998 CITY OF BANGOR (TITLE.) of rUr Relative m Condemnation of Stmcture Located at 13 Nelson Stieen. Bangor Maine,-, Dangerous Building By tae 6Sty Couaoa of as City Of Binger: ORDERED, THAT 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 13 Nelson StreeS City of Bangor, State of Maine, on a lot described in a dead recorded in the Penobscot County Registry of Deeds in Volume 4851, Page 233, and Volume 5628, Page 139, and owned by Dino Vevi, of Bangor, Maine, constitutes a dangerous building and a nuisance within the meaning of said stature; and WHEREAS, on the basis of the evidence and testimony presented at said public bearing, the Bangor City Council finds that the building or structure in question is structurally unsafe, unstable, unsanitary, conationes a fire hazard, is unsuitable or improper for rhe 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 rhe life and property of the inhabitants of the City of Roger; WHEREAS, a list of the specific conditions and code violations, as found by the Bangor City Council, which cause said building or stmcnne to be a nuisance and dangerous building as provided in 17 M.R.S.A. § 2851, et seg., 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, m provided in 17 M.R.S.A. § 2851, at seg. NOW THEREFORE, the Bangor City Council hereby ORDERS that said building or structure be disposed of as follows: The owner or owners of said building our structure may choose Option 1 or Option 2: 98-427 OPTION (1) Said building or structure shall be demolished by the owners thereof, within thirty (30) days of the data of passage of this Order, in conformity with the Code of the City of Bangor; (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 structure 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 M.R.S.A. § 2853; and (3) In the event the building or structure is not demolished by the owners within sold 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. OPTTON2 (1) Within thirty (30) days after passage of this Order, the owners of the building or structure located at 13 Nelson Sheet shall apply for all necessary building permits to coned 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 sweaty (120) days; (2) Upon completion of all 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 Bangor, within said 120 day period, provisions of this Order requiring demolition of me building or structure shall be void. Provided,however, that if all necessary work has not been completed within said 120 days so as to cones[ 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 CITY COUNCIL October 26, 1998 public Nearing opened: Dino Levey, owner of 13 Nelson Street, requested that thid order be tabled until the November 23rd meeting of the City Council. Nicholas Campbell, adjacent property owner expressed his concern that this property would never be rebabitated. Notion to Table Public Nearing until the November 9th meeting of the City Council Made 6 Seconded CI"1`Y�.ERR IN CITY COUNCIL November 9, 1998 Public Nearing Continued Nicholas Campbell, 17 Nelson St. questioned the Code Enforcement Officer regard to the Disposi- tion of this, property Public Hearing Closed Notion for Passage Nade and Seconded "O CLERK 1 98-427 ORDER Title. Relative to Condemnation of Struc- ture Located at 13 Nelson Street Street, Bangor, Maine - Dangerous Building • 13 Nelson Street Exhibits 1. Council Order 2. Applicable State Law 3. Property Card 4. Deed 5. Abutters list and petition 6. Fire and subsequent placarding notice 7. 40 scale map 8. Engineering report of 2/27/98 9. Engineering report of 6117/97 10. Opinion of reuse 11. Fire Department reports 12. Photographs 13. Public notice )Lf. 7)escrtpl m aF Cie U,066 k- "- SIIBCrlA?TER ZV DANGEROUS BUIUMNGS Section . 2851. Dangerous buildings. 2852. Appeal; hearing. 2853. Ylunicinal o"siders day order nuisance abated. 2854, 2850. Repealed. 2856. Securing dangerous strucsres. 2854. Recording of n08ce. 2858. Consent to removal. 2859. Sunma process. 2851. Dea�erops bd'm�s Whenever the nu^-cpai o ----.leers shall Lind a building or structure or any parson e>aaf or anv wharf, vier, pilin^- ar ehy portion :hereof which '_ ac waslocated an or e_z.ec from lane vdCnin the bac ;ea 0- the nmrSde�+ty, as r—,i_ ed from low Ovate- mai:, `- =-- Cna-ainy tn =afe; ursiabl . _. Sanit=y; can u c c -C; IS 'u':5'viaple. Or LT for -he Le Or Cccupancy Lo Wiikh it is'uut; ConstitLieS a - -' to beath or safebeca= ci i"d(muale Ma ntenacce, c'azllla- tion; obsole=scence or a_andc--ent or i otle_r-lSe cangerocs Lo lie or property, they say a -s: notice and iearin_ on tris rra. ter,, adjudge the c c :ance or aae^OLS a make and record o--_erLJL -c-;b•_=s W -az tisposal s-- _e rnade L_ _o . I NoO a. The Fauro c- b 5 .'e^ an the ow er 'aa pa^.es L. interest: ac d ` SLE — Sle, CJ-�, 1- - - eanne wavserSlc` OL o-Cces, is haCe • acco-d&ncs Gi maine R:Lec OF Cvvi FrOCedL; - 2. Notice how publisher-'tae=n" the pa=le o- addres c' any owner or co-own_ i u=t:o%en or is ,'not asce-_.able'a;L:•: ==>:onable d•_eence, t=. -- .=.o.ce L'e published .cnce a ween for 3 saccesve w^ _�unoa to 'tE'date Of 'n __ _ 24i... .. - '—_ - _ EXHIBIT 2 newsoaper ; '.eraly circulated in the state paper. 3. Order. The order made by she municipal offices soli be recorded by the municipal clerk who shall forthwith cruse an fasted cony to be se -.ed upon the owner and 2n paN=r \P 1 - terest in the same wav se. -.ice of Process is mace in accorcaz:c= with the Maine Pules O- Qvil Procedure. rf the name or ac dress cannot be ascertained,. the clerk shall. publish a copy of the order in the same r..anner as provided for notice in subsection 2. d. Proceedines in Superior Court. Ln addition to proceed ings before the mun_cpa_l officers, the municin-�s-y may seek order of demolition by pure, a complaint in the Superior Cour: situated in the county where the st-acture is located. The com, plaint shall identiry the location Of the urope- y end set fCi^ the reasons whV the P.._,^1Cpa�1}y peeks ]t5 rP`nOVal. $erYlC'_ OF the complaint sash be made upon the Owner aid est in accordance w"iu the colaine Rtes Of Civil Procedure. L- er hearing be -ore the court sitting without a jury, t.ne cc.— shah issue a_ aDDrecriats. order and, ie it rewires r_ova, acture, i- - - a=d cost=_, a authorised by- -_ - -- chapt=_r to the rzl=c-z2ihV. Appeal =om a decision c c: _ Deno: Co,—,—, e - _ -_ 7-- law me- in acocrdar, »._. &rs;-:e Ries of Caii a [ i c55, c. 1-1, § o C. _,. ISS7, c. -01, £ _:e, c 21, H _toC. _Is:oncel Note 'ch. i965 a_ _ _ _ _ _ , a - _ _ or part ctar, is _ replaced .. ..a.., i o .- - :itho:: Z, E c _ _ ul. zi* is _ _ __ _ _ Sam's peter. eor Pfct7 7;:o;Fy- l. on _- _ _ eW.iE!n8. cr'o �nnhi�. enter. in a <tt5a¢GP. :r•� AcSi ` the 2mene ent `:.^,r____ , .n.P rap:_ti_ ie3: . a...::. 3l _ _ :!cz ¢S<rero reed: countmise !life eatme Peter. a ''17-;e.^ear : Municipal 0 weeSS ___ _ matter. _ cgs stall fine a enter o d _ _ one m La a n ac or dm nut_R„ a any balld!eg cast ce ge-aus^L^ey play ceKe'and :alard xis rates n leverd - -z^ JRec.^.bin& eejs: L l sl:v v!Cd also :ere y ,.;tj be mice _ _ _ _ e o: blirho— r_Inence ca the s::--- all deLrea a cp?[o __ - _ - far to�a comtabie. w _- - and tear t o.,-. y . tear a tote el., if a re=_:da-, o: y adjndg< he s o ce a a 1 an zhese! copy Jereaf, r danglrocs''. -¢p x¢le make arae o: his doL-Ee there- - card arte � primas a_ .o said clerk :arhwi.1 Lf one record snvl he vase taereaf:. 242 ' The 19T3 spreaders in the firs[ once with lite .lis" Rules of Ciril paragraph, inserted "or any where. Procedure. af" for and an attested pier, ier pilings r any portion thereof copy thereof to the owner or moan. hich is or was located ono er by certified mail to his last lineup g from land within the bounds[ies Iddress. of if"; added subsec. 9; and of the municipality, a$ meas..-._ repelled and replaced subsea. 1. fromlowintermarl.-.". which prior thereto read: The 2979 amendment, in sn'"The notice shall be ! -eing meditated suss in attests'-Ifzcaps seat be (notified mail t throwner to be named upon the owner e e ¢11 or owners at their last future ad - patties i9 !nt¢[e4[ in the sur - press Le']eaSL li dn'a P.eXC p:!0: [o Sernce of process is made in scare the date of hearing." Cross References 3uthotdty to ¢veer and icspec: bcfldin±s, ae title 25, a 2350. Yunicipel offices defined see title 10, ? 1901. State paper, See title 1, § 55.. law Re.Sew Commentaries 8uaticipal tort liabury. 15 :vat -a L.ReT. 72 p963). -._r-: References YNssrc•rea5?. 7S. C.T.S. etaisaaces!j 36,-0.105. Nc;es c: Decisions In general 2 Liablllty 0:.. UM69all:v Notice Requirement for coy:.oziat C VJldlty of prier laws I 1. Validity of prior Iaw4 _ ramia ht Jude we- __ _ coast! CU _ x. ojar- V. ,. on .. _.. ♦ �Syxag•_. ('_E6S) 55t. lie. 1t 2. in general 2351 to 23E0 of d o•- requite carrum citlest - Ya Sections of bulld-a, ±- -Lich f Cereal. Ch se 4LC Ea - point.. point...w _ no _ EioCir- f ac - ere - pId_._cr dangerous bu"da g" under L1s sea [ion. Y2Coaud r. Cftye cgo. (163) 259 2:e..91, 196 -1 13o S1e2 -C. 20 pea after recanted ;id es7 relmirScalglso nim ad-e:aa o - �rds, rota:ge r fie de?irrmenm a - _ inspector,-s::h a - cc a"bcr-C, d are dam;¢ crs bulld;- under thl9 sE^.itu. gc. The te-:as law a- zha Isar 'th.Zen apo ••w _ _ _weredrtn_ _ _ __ _ zelt - nor able by o- — _spec^.o �o test Leve_que * izaaer ' ter. (1:]3) ]29 lie. aa. 159 Aad 3'3. S. Re,uiremeat far c_-"vlalxt xg y =p fcc the __ _so __ - a=d t _ _ __ tmayor ea az conic act cfor. their o abserrz - of the - _ of"bum in;1 3 red as a Swiss- V. Sprague 6Efic) to 11= Mi. 243 Notice by publication is nor crunch with respect to a person n name and address are known Orwhose teasily ascertainable, and whose le _11- pro tecced in rests ire direct!-- a c: J by the proceedings in question Mi chzud v. Cit- Of Ban -or G93ti) 359 lie.+92, 296 -A�d los. appeal .tier m mend 360 Me. 285, 2031._d 6657. Nowa EnO OypOrrunity f r heitring e of rise essena of due proceis at law. Id. Property owners, who lived in c4, should have been given persousi n hearing o building condemned; service dy pub% lic3ior did not meet regoir.cents o: due process of haw. IL The order of notice provided b - Iacute relating to dangerous bc]c- ngz, passed at a legal meet!. -.z of tie mayor said aldermen, was !egv, when the record w s pr present and showed p oceanings;' m- ze aor was _ c^ zzr :sue.... Sprague (1£67) CO Ile. oso, 2852. .i'_JOesi: _� the notice thee,.n provided to be put lishea 'three weeks succeceirel3" 1:. s certain newspaper, way or..pid-0 u'in, when such nouee was pnbiished In the ween- pspe,, dated the Ion, 2nd and '+ tive!y, Or the same Ckhouch - the hearing under such notice was ,_ take Place on the 30th. IC. nr• If one notice ordered at the virce o: adjuuicanod Izils of s, - Cao- may mz commencing beorderedand see' -e without procvEi.-.> anew. Ia. Llablifty of municipality a Property owners, w o lived E -ould have been given preaesl ac Sia o: hearing o0 order to have building condemned s and giving o notice of apu6C�o !o - did nuc Metc requirements Of process; and cici. w lima �anjrne Jug d a be!laing it - and n Tbers Oi fire L -- ing as special cial z - _ - _ uable to properc7 o _ _ V. Cin or -'"Oe (:S63)5- 396 -appeal � 3Cd, - e0-0 \'__2d ice 2_0.203 _.2C GS7 Art apof_ iJo : 2 C =$SICn Oi t''P1'!!CI] cI .CB tcl .o e Superior Ccert,iotre _ oro.isc.*._ e, tM_ pullets OF Civ!) Pcece_ce, H•_e £O3. .._ ..__.._ RMSMICA1, CM i` 09 _ .a -cal Naze a_d ered Of sur_ person ov or. me -on ..: reco `ee TZ— :9iS e^Zdmec _ I's 38 `3. Town of9cn r -v c . _ r.sS_.10n nulss:u abated vx n__- .p thereto ^sc -I` no zppllcssiOn is care to its "_. p..eor s.^ v d b- set- edays Snpeaor Court. = _ pr videC c tern _ 3o ualcp% oLce:. of such town _ _ mus said c^gena, t' be stat -d z- _ upper5*.ace^.-u-_._ n.'r order, am all etoccr. '- Co, -.al! zhat he repaid to Ce ac: _ wi_�e8U .,h0 s: z^ -nct car'. —i, —ul F.Yz a -.z_ demand, Or g, a z or vaY .__: .e rx_m. r_der mc*ajad^'ea to Cass as juaCa rege_.c." 2_y Review elnvc;pa] tort liabilit-. 16 el !ne L.eev. i2 (19). _.o --c Aefese-ces Nuisacce 98i. Q?.5.\uisanr°s aj 136, 155. § 2853. , municga! Officers 1027 order nuisance abeed no soce2 is fled, the I]unlcMa_l Officers o2 such rouralc- oality shag cause said nuisece to be abated or remove_ in cc nuance with their Order, and an exoensa thereof shy' be rena_c to the ]nuniciozity by tha owner or co-owner within 30 davc after demand or a speetz tax nay be as=sessed by the ace=_« -s 'against the land on w'n_ich said biding was located for t - amount of such expen_� aid suer sonount shall be incudr In the next annual was^mat to the tax collector or said torn Or collection, and she" be cone_ted in the sere manner es other Steve, county and murdc_z taxes are collected. In the case of any cic m for exnensa incurred to - aea+: - nent or removal o= wba_�, pier, niL� , or - cro _r.- Thereof whit- exta.=.c '= c -c t'ne to-;: wztea -_ __ _ __ ta_x authorized ov th:s recti„- OaLi a»ly to the Land >_�c- _ Such v... pi=- 0- - _ �.nded cJ to 'nnjcn t _c v_ cent, Dro i leA L e O'� _ C `i. e land, !c -`c0 S_en OGT::- 0` i e said whefi, pie-,Di_:cg C- torTionSe .. co R ense5 s- aLl' _ c!__': Out notpY way O' COSTS Of idle ec _cr._ _ea ioo. mooeti, c :p p] �rpCcrl CG:u Of renovel Of the s _ccs ar..y cps*=__e_ n s= _ sscse, cenc::g iesa!, and ii other co=ns The reunicmalizy The at ucture, cCC' TO 1_4: a co,,ial aauCJ ^.ay re Ova_ . xearuae(_1 eg Ite :c -'O.na-r- a` =ey's .°s, by.^:.=_, d. = c'.':i actor. brou€ht rains. the ES.IH4 a 141, a 21; _--_ C.Si-, S! - a, c1284; `O O_ § 2 °43, C. 1.55, ; 2; 2_i, c. SOi, 8 rA, et., fan. 3 _ ,E - -3Acp� Ticar The Y63 a_ __ _ a.:d dor is -:ade e:c'_lted. arpir n _ espiaeed tSts si=or, w_.__ ;.. __-er Cecr: _..'.L^t. sbz - — _..e.e[c fid: o __ _ _otfc- Zed 2 y_C.la:...-. a: 3351. ' A99rfeved °vrt-._ _, �e. ado: altcriiz :order.'• peal to covrt lsfii - - - _ aaa :sued b s D_ -=e '+Op, suas o'lt>^~�. _ ter mar, n_ aodars ager s•_a or. to -aeeaxec b, zzz _ 2=5 ing was locate tor he am coca of such expenses and such -notiont shall be included In the nest t war - Sees es tothe tax collector Of said towl for coilect'oo, and Shall becollected in the saute oio,el: Cannaa m�annaxecle: `:he el_satiateMay bringa bring uaction torretvr such Eapelses ,, and added a sector para graph. Rhe 1973 amendment added the proTisiontc onstitneng lie Section Paragraph. The 19TT amendment respesisd the thear first and Se san-a-s as Or second peraagriphc which vier fal wiredawaieanca di as d Stet upon ^ - n nonce ce let Municipal officers t b* carrifilin Mail at later 15 days pilo: to abatement of said uldsanca. the m- ace shall be sent to zht owner owners at their )as-, n address and shall specify t:az unless said yx^ sonzl property Isresell _ . he.h" h- rs-used of by he 3919 "'Mchnnivcadded an. third paragrapic. Transition zed' ap Fllcatlo.c. _-- transition and application pro ;sin=s Laws 197-1, C. iOT, See lit=isaoz. cal Note under S 1391 of title::, 'll References Nuisance pa78. C.I.s. Nulsaoces a 106. §§ 2854, 2855. RE _led. 1965, C.2S- walcal Note Sec _ :!on _ _ _ __ __ - _ -c. 'notion is OLv Iq afath8 _c -„___c:..---. .__:_.c._ as a - & 2856. Steels d_serous s-ISccrses 24411,4!1 LO o-"-l-_[TCCeEC1C_c 2_Inn 03IIcC W"M1CT: Dose a _c.^.415 _ t0 L _ publico^ it c a _ to TaWVcJ i--ccC`en6Es' i Coin£ ]y0'.'.Cc^'i_- _ 2.: C.- - ar._ our r_ _^ : '-'_'_C L.Ge_ Z__is - _ 110-.11, _ coccErcE n±h - - sacs_= - _ .n,Ec_ to The ti 4___. and saz_ .E ui:es D:or.. E_t:C . 1979, i, d 6. _ __ Raft ass C.S s = _ th a_c = r: ... •' 1111:.. at _ _ 1111... ._ S C 25 to .., -. y 2857. HY'02o_fro_ noCCe The munici, Z LETv c•lI ca `lee eyn -C CCpc C ” i - - - uCE TO GE _9i C2d i `�EiD sv' G. DEE3 located Wit^ _ 'fie coup, : WIIE= tnu s`v 1C`_=S situated. RECOIL=g, of the ^Oil 246 shQll be de°::.ed to out zny Person c3Eirning under the ocr:er 9f E structure subject to troceedings ander this =ubcezu`er on notice of the tendency of the proceedings. 1070, C- 21, § 6. arw References Feel:lt and rc.ironmenr,—.i? C.].s. Feellh a -- ay=•j_.o__e.. 23 to 36,=8.52 . -- § 2858. Consent to re oo�el The owner rand pa te;-it,.interest o, a dEtg=rail cbu_ may consent to its reimovz end to the re^_ove_y of the er.=. inct:o u ed by a micimah ;. by peens of E special tEx as s? et in this_ subchapter. tierces of tee consent shit be retorted the Reee sty of Deeds lc<atEd in the County where Phe 6Guc_? is s1N2teJ. 1579, c. 27, 4 6. --- 41 Refereeces ._—eC..s.em .._ .. e._; s 25.016,50. .. .._.... -_ § 2859. s E- O-Octs5 Tn ETAp' t DLLb1jC heith, 5 ?h' c- EGGiitOn t9 c n e . dies, a DLL:Idczdli r p _ - r:Y Oi':- 0-d czntoli- I^ ^J proCa55 in CL`CEr':G: CCLL in _. c Co[cincE ic ti _ .. S. COnrCencem?^_: 9_' +K'tjOL._ _ — mu Icipciiy __ ^ tPEOUg.^. 13 bl`iiLpg i- Ci9r, Cote en7OrcE?-J. O?c cn.'c' or CC_ C I c s - -_ .Or�C c E i=^ 5 G?'mc-^ :_ v C I c- _ _.4 E OUD14, _ 2. Order or notice. 'E--Z-e comoizknt H ; filer. �eILLS`=c_OLilt ` pc's, sh L' romp' ran- t lc OrOLgfL, stu:gE.. ` no Order: • .>. P_u.` ne the Cv.—ssEL e4ol 21=111 iOcaPcEa:' - `ili=3 gJvC-= .g ICrec.or TE b'y' C vc_ c:C E'OF CEL2 Why t_ne DLC rS 6 or SGc :_2'^OLLIt not be Order Ed dev0'_^Ed( B. SP^iryi g the metinod of se .dce of the complaint; orczr ars ti:e 247 ... _.- - earn9 Zile Conpi-_ whit. shat be the earliest possible cine but not be ia*er then 10 days from the date of fijog; end D. F-i cing the thne for i1II14 ac ansg'er l0 the COnei`. the COILI CFLET_Te<thar an answer is rer`uireC. 3. Rnlargement of Time; default. The cont nay for gccc czu=_e shown ezilE*_=_ the time ,or the hearing' = the or.-__ m partes-in-interast, or any of thein fail to irLswer, - is recdred, or fall to appea_ as di acted, or to aYenc 4:e r= -_�,r at the the appointed or as erilar=ed, the court sma l orderer c- fault judgneP3 to be entered with respect to the oFaar Or e" ties-in-interest. - 4. Hearing. A?Fr hearing, the court shaIl enter lueE:.. the jud�nant recuires remove! of the bindi" g or st�c::_-e, the court shall sward costs to the arunicipzty as author __ this subchapter. The awsd of costs may be contested z*.d c=-- aVs sought inn, a _<_silt. action to the extent pe^5 ed subsection 7. 5. Aopeal. Nc judgn:=_nt recuirg de=aLtioc i- __ suant to this seCtica -_: be ane=ed. a owner c: a ______ Or strucure w� _=1.: _ the subject o an order ssuec :L = - __ Awa.: ,i r.: _: _ any, or ser_ c_—== - uzenu rexovah: tion 7. 6. stay. No _ -,.- _ _`orizne cemoii on --__ staved pF.^,C_ g - __ e CCUs i .: i det anti£ a = - _ -_ -G pO a a�g.:._lCant rleh n1. _ : of a bcc_:€ or tixe awc .d o- cars -_ _ - _ -o -acct t:-. -30 da-;z c .e o rc = ` c- c _ :.s sem.,; ^ne d_::�—, w.=.;c:=. -_y be a arced -or w--, are _nl d to tier ac:.-al -.aiue of the strum_-e at -^ `;—__ _ rE`nOVL. he yrOV-S ir5 of -1__ C a �C^. 7552 2':C 5=^_ iJJJ d0 not ___ 1 - e rpriCpalty silOL^ e__ _ -cC_ n'av aware s costs, inn dedefending ar. app u;`}��_c : -_ C`_Ce hl`t �cnOi� rO, J a➢1c a`vt]n=y 's'ecc 262 _.. ^/ ISA MAP✓iA21 2 LOT 16 a ACCOUNTNO. CITY i, � BANGOR 49611 ADDRESS IISNe CARO NO. OF .( I.IVI DT I1 1101 IN =ASSESSMENT RECORD 0 L P I mwoRAI 410 11 RDx 6sa L3NCm! 1IE t rem2nO5 n-_.;'i. oM1-0l• s .,,,; •;I 32 36-19WGoo -wS11 YEAR LAND BUILDINGS EXEMPT TOTAL 6 � = ?1996 2.500 31:400 0 33.900' _ d Z 4 199] 2.500 31.400 0 33.900 I_ LEVI DINO D L S L CORPORATION 57 CURVE STREET BANGOR ME PROV4851P223. LEVI DINO 57 CURVE STREET OANGON ME 04401 06/91 04401 MAY 32 109 49511 N31 109 =Fw.x.n2xxe 1 q 1998 2,600 30,900 1999 2,600 IE,000 '1N I O: 04d6? 100/1 O_1:0: IT 0 33,500 - - - 0 IF.600 _ 4'n 11 _ 1 _ - — P0.DY4851P223. 06/91 495112 ITT—•, 11 LAND DATA EPPE Dues NOTES .kxr .. xE.w wt.IWT ��v1xudUtilk D1f�LQ 0IT IT aeIx 110"All aIwow 2ee�uww—wwWI,t "AT' .rumne ozrow.exn____ mn• wrure '—'a exanwna FHIIroury x'v^'suucneeeeT re"ssrrIT/r�_l n exxoxTo 2av111WIL o anvwA.---e TOTA .w wwT11 w Aee x,r '�NlW r uu.ewu`u,uomwxv2,wrn,.xx.,..,I I., ra.a„wix2 i 91ITINe rrxonx.__a >r.2AxA _.__ T TOT BUILDING RLGOBD ILAMRAW FAVIL; "1 7 r_1 No DATE mcg nn I, Ad, —All .JOGZII ,Imo q ADDITION5,011TBUILDINGE&IMPROVEMENTS RIFM f1O29 lT.i. c2 [ lA S Imw - LQ LI11p3Ec "AT �o 3Q_ 13�f1 f2L&G f l..lXt =6 W, MIAMI WLA r Almul ,e.® �MMIWOnftl ELL -Am ..' ia .mmuNWARIF m.. MAX FAVIn 11� IT . FUL...na MITTARS RAW FIT MA RALF MAMMAL E�URF 2, 111 IMF LIT"' &U21. FARM, ��Tln FIFTH I I ' FULL. IMUT AFFAIR, tMIRRAL >.0 9 MALATIl , ALL LMA MIAMI AM Mm l FAA 'U 8 I. ILAMRAW FAVIL; "1 7 r_1 nn I, Ad, —All ADDITION5,011TBUILDINGE&IMPROVEMENTS RIFM c2 ne'3.Rn - LQ LI11p3Ec �o 3Q_ 13�f1 f2L&G f l..lXt meR4851 Eui223 w>RRIKETTY A 0® ELIZMeTX MARY RUSSELL, Of Banque, Pnppuot Cowry, Mayne, for ocisideration paid, grants to DIM LBVI, of Bangor, Penobscot Wwty, Maine, with Warranty Covenants, the follouly deaerlbed real estate, with the buildings thereon, situate in Mrgoe, personator County, Maine, bounded and deaoribea as follows: the reel PrOPetty in Banger, PamEam t Cronty, Raise, troubledEnded and described as follows The abuse described premises are the 9eme premises conveyed to Elisabeth 0.ery Russell by Geed of Distribution If Elizabeth Mary Russell, Personal Repreaeotative of the Estate of Mildred I. O'Connor, dusted Navem4r 30, 1989, recorded in pembscot Aeglstry of Deeds, valuma 1570, Reqs 319. ith all prlsileges end aPPwtenaocaa therewPtoshalteringta, XITNEES ay band are seal this 7th day of ROME 1991. o /' R�� (�� LLv[✓ XStneeA 8, i betet Mary ""OIL wsRJ Fmx Poelm P.ARY state of Maine Penobscot, -7 1991 sppearetl Ne �sttBBpp -weed 811aMeM M� Russell uq acknowledged edged the foregoing iW�iun� or t W M[ < and deed. eI Befoce m , F• Publics rN\a[ary r OS ed or Printed none O PEN995R9i. 55 NEC -0 0 91 AN I0 PMR 4y � FrtESP a EXHIBIT4 tra"Troo=b....., REGISTER Abutters of 13 Nelson Street Mr. Dino Levi Map 32, Lot 165 57 Curve Street Bangor, Maine 04401 Map/Lot Street Address Owner 31 -SIA 40 Nelson Street Emery E. Emerson, n&Toaya Hamel RR2, Box 1373 Hampden, Maine 04444 31-53 39v Drummond Street Norman & Patricia Momeeult 239 Obio Street Bangor, Maine 04401 31- 54 50 Nelson Street Linda Emerson 32-148 37 Bower Street William Deigban, Jr. & Mark E. Grubb 32-162 68v Keoduskeag Avenue City of Bangor 32- 164 37 Nelson Street Eastern Maine Medical Center c/o Federal Credit Union .849 Stillwater Avenue Bangor, Maine 04401 32- 165 33 Nelson Street Susan M. O'Connor 32-166 29 Nelson Street Lisa D. Hand 25 Slimmer Street Brewer, Maine 04412 EXHIBIT 5 MEMO To: Ed Based, City Manager From: Dan Wellington - Code Enforcement Subject: 13 Nelson Street Date: April 7, 1998 We received the attached petition, from Ne neighbors of 13 Nelson Street yesterday with a request to forward it to the Conrad. The property, owned by Dino Levi, has been vocaa4 placarded and was recently fire damaged by varadals. It also hes severe structural problems associated with she foundation and the eroding hillside behind it. We have an engineering report, done by staff from Jim Ring's office, listing the structural deficiencies. The containers of City Staff is that the building is economically unfeasible to rehabilitate and have obtained for the owner an evaluation by the Fire Depanment which concludes the building is usable for fire training limiting demolition costs to $2400.00 plus filling of the foundation hole - very reasonable in light of the costs we expect to incur for 21 Fourth Street, Mr. Levi is at his New York residence at present but the last time I spoke with him he was still working with his insurance carrier regarding the February fire. We're trying to reach Mr. Levi, in New York, to determine if he has made any decisions and will urge him to do everything possible to bring the matter to closure - either by demolition or rehabilitation as soon as possible. Again demolition seems the most sensible solution unless the insurance will only pay if he rebuilds. This was his concern rhe last time we spoke. The fuel issue mention in the petition was related to me as being a result of leaking ii gallon drums used for kerosene storage by an earlier owner. The houses we all on city water and it's doubtful the amount lost was enough to reach the stream. I have recurred a copy of the petition and, as soon as we reach Mr. Levi, I would like to update the neighbors. At the same time I'll update the Council. If Mr. Levi fails to rake action to demolish or repair, the menet amy come back to the Council as a condemnation. a_ Dan PETITION OF THE CITY OF BANGOR Whereas, the residence at 13 Nelson Street, Bangorhas been neglected and is an �. eyesore to the neighborhoo4 Whereas, it is frequently unoccupied and undesirable as a residence, Whereas such astrucmreposes the threw of becoming a hang-out or a drug den, Whereas, it is alleged to have taaicfuel spills accumulated under the kitchen dew may be leaching into the Kenduskeag Stream, Whereas, neighboring residents uem net givers a chance to untify before the city council, The Moes, signed citizens ask the the building be torn dman or that an environmental clean-up be pert ed before any reconstruction occur. /7lyelwr. e,, I, Lis \\ J Irk fJ l-- CODEENFORCWENT -' REFERRAI/C mpulw ADDRESS: 17 tj 1k � �t. DATE. ann✓1 A SHEET NO. LOT NO. CONTROL NO. LOT SRE: M6BMG=MPLW. TO DANS JEFF JN2 aN M4GCdE�•�-F' MUK � O .IOHN OKI ✓ �` L T Fi ME REV. —D COMRAINNN'SN E, gCTgN TPNyEN:n / -/l p ...✓Fe�eE4W��/V� �I I� nSkt �s .N PENPTBY: ary of� +fteMA $�• ''MAINE rahunow e.nas aaxaom MIWW1 CODRC E EMFOEMEM TEL. MINI Oenleld FEEPIC Cotla Ehllohmmem OMcar 24 February, 1"It Dino Leri 57 Curve Street Bangor, Maine 04401 �U I( li OF I'LA(.ULIIIAG .l' I II2UI(IC IT) AA(All: RRASON(3) FOR PLACARDING: ORDRRMVAGiE'. Theebovorefaeu ipimiaaalu116evacuM immeMattl9' Sdwelliogsbalinot hreamhpiduotl the plocmdhas ban lifladtuough to Code Evforeemevt OIBce'S ivusnce of a Ca Ns of Oceupahhry to reomupy tse dweEmg. CORRECffONICOMPLIANCE ORDER The nbovo-refawcM cwditiw(a)mcede rioletao(S)mustbe wmxted m abased immedievdy upon rcaipr o[ tda natce. nc Code 5ofmcammt Mcs must conduct a M wapmtiou of this premise prim m the reomupLL of rhe WO&g. Any Cade violators reveelM as the resulto[Wia inapectlonmry be lhebLLia far funhaorur. Fadmem comply wim tda NWw ofPlaurdlog t Ordain Vameshail result w Earths Icgd,EI You hive the right to appeel Wu Nmice ofPlaeading t Orda m Veaam m the Eoad of Appeals by Dtag e wriumepp4cetioo mMRe LLlhe Cede Fdmrmwr ORta, lacard m Bmga City HeQ within thirty (30) days o t rests dght to d afthisada. F®hhhememrieeymuripptm @pealwMsw We pmavibW tine limitwill rammaw yom riaPPwL Vyry Tmiffours, DUowtudL d My. WeWnglovv Code Befmcenent ORLLer City of Bangor Code Enforcement By Delivering a copy in hand. By leaving copies at the individuaPa dwelling house or must piece of abode with a penov of nimble age or discretion who raided therein; and whose name u: G41 �GiaejyF By delivering a copy to an agent authorized to receive service of procae, and whose name is; -- By (describe other manner of service): Dated: 24F A 4A Sigua/b/ore orrange m.wog service /eilrrwetF (Title) J RETURN OF SERVICE 1 1 Re: (Property Address) f On the 24 YS R I ( tlay of Feneufa✓ .199p I made service lY admgia/de mga/de upon the 9oprtrY&R (Dommevt Served) (Defendsmf/Property, Owner) b,.e &vt at Pe.ic: '5. (Name) (Address of Fla" of Service) By Delivering a copy in hand. By leaving copies at the individuaPa dwelling house or must piece of abode with a penov of nimble age or discretion who raided therein; and whose name u: G41 �GiaejyF By delivering a copy to an agent authorized to receive service of procae, and whose name is; -- By (describe other manner of service): Dated: 24F A 4A Sigua/b/ore orrange m.wog service /eilrrwetF (Title) 113.5 crP 0 1 1 STS �� / 1n.z CITY of CM _ � MAINE ra x.atowaTaEET MxGOv. MAHE 0<•ai ENGINEERING DEPARTMENT Jnmw D. Ang.P.G. FAX .rza0oPh99••Sa-mYaeH City ErpimesvDireclar a d Pinsk Sences MRMORANDDM February 27, 1998 TO: Hill Masters, Code Enforcement FR: John Murphy, Engineer SUBJECT: 13 Nelson Street On Monday, February 23, 1998,1 again visited 13 Nelson Street. with Bill Masters. I had previously visited this address on June 17, 1997. Since the previous visit, the properly has been vacated by the to earl. Also, there has been a Fre on the premises. The purpose of the visit was to form an opinion as to the condition and safety of the building. The maintenance man was present. My observations are as follows issues • The substandard porch deck has been removed, except that the framing still remains. • The erosion at the side walkway has been checked with the installation of a large timber with an attached Noting. • The garage foundation has fuller deterimma& The old car that was in the garage on the previous visit has been removed. • Some foundation cracks have been filled with from insulation. • Some work has been done on the chimney. EXHIBIT 8 r The clothes dryer m rhe cellar should be vented to the outdoors. The excessive moisture generated by the dryer will cause rapid deterioration of the wood in the building. The moisture can ekw beaheulN hemcd. t/ri..t There was a smoke detector in the cellar that beeped frequently, a sign of a low battery. The battery should be replaced at once. The windows in the building need some maremn. The easterly upstairs window was missing some trim and did not appear to be weather tight. The westerly downsuirs window did not appear to be squam. The cement block chimney on the outside rear of the house was offer near the top of the roof. It could not be ascertained if this offset was done during construction of it m if it was the result of some later action. The chimney should be more closely inspected using a ladder. There was major erosion at the end of the walkway on the easterly side of the building. Part of the concrete walkway, was undermined, creating a significant safety harmd. The metal siding was damaged in numerous places, making the building less than weather tight. There would he some merit to removing both the garage and the deck, and replacing both with a well designed and concocted pressure treated deck with a substantial railing all around. This would address most of the enchant and safety issues of this property. The roof water erosion could be addressed with crushed stone and properly installed and seemed geotextile. Please let me know if I can be of further assistance John Murphy June 17, 1997 TO: Bill Masters, Code Enforcement FR: John Murphy, Engineering SUBJECT: 13 Nelson Strem Today I visited l3 Nelson Street in order to form an opinion as to the condition and safety of the building. The recur end maintenance man were present. The building sits between Nelson Street and a steep (400 slope) embankment at the edge of the Kenduskeag Stream. There are several issues that are currently being addressed at the property. This letter will address those relating to the building structure, as observed during the site visit. The building is a single family rental with a 1 h story main section and a one story wing at the back in an approximate T-shape. There is a single car garage that is attached to Ne house at the left rear corner and to an open deck across the rear of the house. There has been a considerable amount of erosion at the back of the building; and as a result the support at the rear of the garage and the deck are missing. The deck is in a severely deteriorated condition and should be removed or replaced with adequate foundation supports. The garage will require additional foundation supports in the rear if the owner intends to keep the structure. The rear wall and Floor system has no support at the present time. With art old car in the, gwI ge, there is some question of safety of the structure.IC �'� U The eroslwn az the rear/ df the property appears to be a direct result of rainwater from the roof. This issue needs to be addressed is a timely rummer to prevent additional erosion and to prevent reoccurrence of the problem once repairs have been made. The foundation of the building is mortared stone below grade and concrete block above Wade. There were some creeks in the foundation of the rear wing. The cracking is consistent with minor differential settlement, but does not appear m be severe. W1461:1M Current Issue • Foundation. There are many cracks in the house foundation at the rear where the porch deck was removed. The foam insulation does not provide sructmal integrity, and there is some concern that from action on the unheated structure will came accelerated deterioration of the foundation. • Geroge. The gatage foundation is virtually non-exirtent at the rear. Rotted drubber supports are inadequate. Masonry, blocks with no mortar slope at as approximate 30 degree angle. Ice on the roof is causing an inadequate wooden roof team m sag significantly. The structure is pulling away from the house. • Inside. There is considerable smoke and water damage as well as damage by firefighters who had m open up areas b extinguish the fire. The floor flaming system has been compromised by the fire. The upends ceilings are severely damaged. The kitchen floor is not level. Recommendation My recommendation is to order the structure demolished in its entirety in accordance with the BOCA National Property Maintenance Code/1996, section PM - 110.0, unless the owner provides a detailed plan of repair signed and stamped by a professional engineer certifying that the repaired structure will comply with all applicable building code requirements. In addition to the certified Plan, an implementation schedule of the repairs should also be provided. Also, the safety concerns and erosion concerns contained in the report dared June 17, 1997 will need to be addressed. Please let me know if] can be offudherass-siiancrnc`'e'j�J'� `x/`J Join L. MuryAy, P.E. To: Dan Wellington John Hamer FMEMORANDUM rom: Subject: Possl Uses for 13 Nelson Street Date: September3. 1998 The property bated at 13 Nelson Slreet(*m nap 32, lot f65) is sital in the Ufbas Residence I District (11). The lot has awdh of 50 fen, a depth of 50 fee[, and a lot area of 2,000 square feet Since the bt is only C feet deep, there is ro area on the la that meets Are minimum seth requirements. The building at 13 Nelson Street is a legally nonconforming structure. The structure an be renovated inm a single family residence. It could be replaced with a new buildirgofthesamesaetitheo rfisob mdaprectialdHwltyvariance. IfNestructure is demdished wrhout first obta dhe variance, however, it al be rebuilt because it cal comply with the currem zoning sedad; standards. Moreover, once demolished without a vanal the land Derebpment Code prohibits the lot from being used because it has an area of less than 5.000 square feet. The la could be leased orsold wthe adjacempropernes for part g. Nso, the lot could be used for parking for a stroaure wdhin 500 feet Provided they obtained Planning Board approval and further Provided the lot is sold to the owner of the structure w be served. AcccunUng for the required parking setbacks, the lot could probably accommodate two parWng spaces. EXHIBIT 10 BANGOR FIRE DEPARTMENT FIRE PREVENTION BUREAU Memorandum Date: August 25, 1998 To: Dan Wellington- Code Enforcement From: John Mickel -Bangor Fire Re: 13 Nelson Street At your request, we inspected this vacant property ro assess the fire risk Our inspection found: That there is no electrical service at this time. The structure is DQDoarded-up. The structure is overgrown with vegetation. Neighboring houses are Gose enough to be exposure risks for fire. The specific increased risks of fire in this vacant building: Fire causes due to unauthorized entry; vandals, vagrants, etc. The specific increased risks to fire fighters and apparatus at this location: The rear side of this property is a very sleep drop down to the river, which presents a slip and fall hazard. The overgrown vegetation includes a huge tree at the front of the structure that has limbs resting on the building's roof and very close to the high power electric lines. The street is narrow, which puts Fire Department apparatus at an increased risk of radiant heat damage. The risk of a greater extent of fire spread and fire severity are increased due to the possibility that a fire will not be reported as soon as it would be if the building were inhabited. If we may be of any further assistance, please let us know. Regards, John Mickel, Fire Inspector EXHIBIT 11 INCIDENT REPORT R00 98ENT GENERAL SECTION INCIDENT DATE EONDAY, FEBRUARY 16, 1995 (-?LAWN TINE 2101 ,RRIVAL TINE 2104 IN SERVICE TIME 0200 RESPONSE (IN NINA 3 SITUATION FOUND STRUCTURE FIRE (11) ACTION TAKEN EXTINGUIEP@NT (1) MUTUAL AID NOT APPLICABLE (0) FIXED PROPERTY USE ONE FANTLY WELLING, YEAR ROUND USE (411) ADDRESS/IGCATION 13 NELSON ST ZIP CODE 04401 REDUCE, OF AL>P}1 TELEPHONE TIE -LINE TO FIRE DEPARRHE NT (7) ' DISTRICT 106 SHIFT D NUMBER OF ALAWIS 1 EDGER OF PERSONNEL 14 HURTER OF APPARATUS ENGINE 2 AERIAL 1 OTHER 3 FIRE SECTION COMPLEX WELLING (ONE AND TWO FANILY) (41) NESTLE PROPERTY TYPE NOT APPLICABLE (OB) AREA OF FIRE ORIGIN NOT CLASSIFIED (39) EQUIPMENT IN VWD MORE (96) FORM OF HEAT PATCH (45) 'GNITION FACTOR NOT DURING CIVIL DISTURBANCE (11) IATERIAL FIRST IGNITED TYPE OF MATERIAL NAW-RADE FABRIC, FIBER, FINISHED GOODS (I1) FORM OF MATERIAL CEILING COVERING, SURFACE (16) EKTINGUISHEENT METHOD PRECONNECTED HOSE LINE {S) -HYDRANT, DRAFT, STANDPIPE (6) LEVEL OF FINE ORIGIN BELOW GROUND LEVEL OR WATER LEVEL (61 ESTIMATED LOSS $10,000 STRUCTURE FIRE SECTION NUMBER OF STORIES 1 STORY (1) CONSTRUCTION TYPE UNPROTECTED WOOD PHASE (6) P.XTENT OF DAMAGE FLAME CONFINED TO THE OBJECT OF ORIGIN (1) SMOKE CONFINED TO STRUCTURE OF ORIGIN (6) DETECTOR PERFORMANCE NOT CLASSIFIED (9) SPRINKLER PERFORMANCE NO EQUIPNENT PRESENT (B) GENERATING MOST SMOKE TYPE OF MATERIAL NAN-NAGE FABRIC, FIBER, FINISHED GOODS (71) FOWL OF MATERIAL CEILING COVERING, SURFACE (16) AVEN(B OF IM ES TRAVEL OPENING IN CONSTRUCTION (5) PEOPLE INVOLVED SECTION OCCUPANT VACANT OMER LEVI DINO ADDRESS NEW YOM SHEERLY ARSON FIRE UNDER INVESTIGATION, SET CLOTHES ON FIRE IN BABEME TO CEILING OF BAS SPENT. REPORTED BY RICER IN CHARGE == NARRATIVE --manyvl. i>_c uvva.LN INCIDENT REPORT 980684-000 FINDLAY, WENDY S. OINSMORE, FRANK B. ENGINE 1 ENGINE 6 LADDER 1 25 IT NACCRAE 20 IT BICKFORD 26 CART PAINER 96 T GREEN 165 NITCHELL 190 PAGE 156 NCKENNA 234 NICKWMB 166 O'BRIEN REBNE 1 RESCUE 6 CAR 2 245 YORK 68 ESTES 2 A/C DIVSFARB 37 BOLDUC 215 SANDERS 2101 CAMERON FROM 5 NELSON ST. REPORT OF FIRE TO BLD. POROUS ROAD (CHANGING CAPPRON 942-0404) 2103 ES NOTIFIED TO GONE TO CENTRAL. PO NOTIFIED, PO ON BIGGER, PD ADVISED OF FIRE TO UNOCCUPIED BLD. 6 AWAITING OUR ARRIVAL 2104 E1 30-23, REPORT OF HORftING FIRE 2105 F2 ASSUME COMMND 2106 E-6 INQ. IF TO LAY A LINE. E1 REQ. H6 TO LAY A LINE 2107 F2 ADV. MAIL 1 1/2 STORY HOUSE ON PINE P2 REQ. ES TO GO TO CENTRAL E6 10-23 HYDRANT EVERETTE 6 SONER 2108 NOTIFIED B. HYDRO, ETA 1/2-3/4 HOUR 2111 PIPE IN CELLAR, REQ. P/P PAN FRONT OF BUILDING 2112 EXTERIOR FEED LINE E5 0 CENTRAL P/P FAN TO SLD. 2113 COPROWD PEO. ALL CLEAR IST FLUOR 2114 CARRIE RICH 7 FOR NEWS ALL CLEAR MD FLUOR 2115 EVERETTE fi SURER HYD. LINE CHARGED 2116 REQ. P/P FAN FOR BAS@/ENT, EXTERIOR CREN N/P/P FAN 2118 UNDER CONTROL 2128 PO REQ. MY HOLDER FOR 13 NELSON ST. , LEVI DINO OR TONY DINO 2130 B. HYDRO ON SCENE 2138 LASS STOP 2202 NOTIFIED BW -PW HYDRANT @ POWER 6 EVERETTB 2204 NOTIFIED PN NEED SAND 0 BONER 6 EVERETTE 2205 E6 6 R6 a RI TO CENTRAL 2210 E6, R6 6 R1 @ CENTRAL 2211 CALLED B HYDRO REQ. HAVE OF OPERATOR FROM VEE.- SYSTEM OPERATOR ADV. TO HAVE CUWNNDING OFFICER NOTIFY THEM @ 942-4416 2219 ES ' SCENE DESMOND ST END. C-71 TO 8TA-S IVAN PEURSPNI 2220 NOTIFIED F5 TO INVESTIGATE FIRE N/F2 2221 L1 I0-8 2224 L1 RETURN 2227 E5 10-23 2225 E6 10-0 TO THEIR STATION 2230 R6 10-8 TO THEIR STATION 2236 E1 I0-8 TO CENTRAL 2239 E6 RETURN 2242 E1 RETURN 2249 F5 @ CENTRAL TO P/U GEAR 2253 CgMWND TEMUNATED 2327 E5 RETURN INCIDENT NARRATIVE INCIDENT REPORT 980684-000 2339 C2 RETURN 0031 E1 TO CHECK BUILDING 0110 E1 RETURN FQVIPRMT USED EG R1 E1 LADDER 1 400'-4^ 1 SCRA 400`-4" P/P FAN 3 SCM ME 5 SCRA 25CM 3 HAND LIGHT GENERATOR 14 BOTTLES 2 CEIL HOOK P/P FAN EYE FOR LIVES 2 PICMEM ME ME REEL CARD 50, collo 2 H -LITE nEM LITE October 8, 1998 NOTICE OF PUBLIC HEARING I' This letter is to inform you that a public hearing will be convened by the Bangor City Council on October 26,1998, at 730 pm. The hearing will be held in the Council Chambers of Bangor City Hall, 73 Harlow Street, Bangor, Maine. The purpose of this public hearing is to take testimony and decide whether to condemn the building or structure located at 13 Nelson Street, Bangor, as a dangerous building pursuant to Title 17, Sections 2851 through 2859, of the Maine Revised Statutes Annotated. As an abutting property owner you are invited to attend this hearing at which you will be afforded the opportunity to present testimony concerning the property, if you so desire. Please feel free to contact Dan Wellington, Code Enforcement Officer, if you have any questions. EXHIBIT 13 >;,,., ,. ,, , • K �� ' �4'n. I'__ i -s PM -108.1.1 Unsafe structure: An unsafe situations is one than is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warm occupants in the event of fire, or because such someone contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation, that partial or complete collapse is likely. PM -108.1.2 Unsafe equipment: Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, elernimd wiring or device, dimmable liquid containers or other equipment on the premises or within the srmcture which is in such disrepair or tradition that such equipment is a beard to life, health, property or safety of the public or occupants of the premises or strvcmre. PM408.13 Structure unfit for human occupancy: A structure is audit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the situation is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, smarmy or beating facilities or other essential equipment required by Us mile, or because the location of the structure canscitutes a hamrd to the occupants of the st nature or to the public. PM -108.2 Closing of vacant structures: If the structure is vacant and audit for human habitation and occupancy, and is not in danger of structural collapse, the mile official is authorised to port a placard of condetnaation on the premises and order the structure closed up m as not to be an attractive miniature. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the used estate upon which the structure is located and shall be a lien upon such real estate. PMd01.3 Vacant structures and land: All vacant structures and premises Hereof or vacant land shall be maintained in a clean, safe, secure and smarmy condition as provided herein m as not to cause a blighting problem or adversely affect the public health or safety. PM -303.1 Sanitation: All exterior property and premises shall be maintained in a clear, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. PM -303.2 Grading and drainage: All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of angriest water thereon, or within any structure located thereon. Exception: Water retention areas and reservoirs approved by the code official. PM -303.3 Sidewalks and driveways: AU sidewalks, walkways, sta'us, driveways, parking spaces and similar areas shall be kept in a proper nate of repair, and maintained free from hazardous conditions. Stairs shall comply with the requirements of Sections PM -304.10 and PM -702.9. PM -303.4 Woods: AU premises and exterior property shall be maintained free from weeds or plant growdt in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shmas provided; however, this out shall not include cultivated flowers and gardens. PM -303.5 Rat harborage: All structures and exterior property shall be kept free from rat infestation- Where rats are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reiN'estadon. PM -303.7 Accessory structures: All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. PM -304.1 General: 'Me exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. PM -304.2 Exterior painting: All wood and metal surfaces, including but not limited to, window Games, doors, door frames, cornices, porches and trim shall be maintained in good condition. Peeling, flaking and clipped paint shall be eliminated and surfaces repainted. PMI -304.4 Structural members: All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. PM -304.5 Foundation walls: All fauudarion walls shall be maintained plumb and free from open crocks and breaks and shall be kept in such condition so as b prevent the entry of rats. PM -3W.6 Exterior walls: All exterior wails shall be free from holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. PM -304.7 Roofs and drainage The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall he adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall rat be discharged in a manner that creates a public nuisance. PM -304.9 Overhang extensions: All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overbang extensions shall be maintained in good repair and he Faintly anchored so as to be kept in a sound condition. When required all exposed surfaces of metal or wood shall be protected from the elements and against decay or not by periodic application of weather -coming materials, such as paint or similar surface treatment. PM -304.10 Stair and walking surfaces: Every sent, ramp, balcony, patch, deck or other walking surface shall comply with the provisions of Section PM -702.9. PM -304.11 Stairways, decks, porches and balconies: Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. PM -304.12 Cbimneys and towers: All cldmneys, cooling towers, smoke stack, and similar appur enances shall be maintained structurally so* and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. PM -3".13 Hundreds and guards: Every handrail and guard shall be fimay fastened and capable of supporting normally imposed loads and shad be maintained in good condition. PM -304.14 Window and door frames: Every window, door and frame shall be kept in sound condition, good repair and weather fight. PM -304.14.1 Glazing: All glazing materials shall be maintained free from cracks and holes. PM -304.142 Operable windows: Every window, other than a fixed window, shall be easily operable and capable of being held in position by window hardware. PM -304.16 Doors: All exterior doors out hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure tlse door. PM -304.17 Basement hazchways: PM -305.1 General: The interior ofa atrmture and equipment therein shall be maintained in good repair, snvcr nally sound and in a sanitary condition. Every occupant shall kap that pat of the structure which such occupant occupies or controls in a clean and sanitary rendition. Every owner of a structure containing a rooming house, a hotel, a domimry, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sur0tary condition, the shared or public areas of the structure and exterior property. PM -305.2 Structural members: All structural members shell be maintained structurally sound, and be capable of supporting the imposed loads. PM -3053 Interior surfaces: All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paid, cracked or loose plaster, decayed wood, and other defective surface conditions stall be contacted. PM -305.4 Lead-based paint: Interior and exterior painted surfaces of dwellings and child and day care facilities, including fences and outbuildings, which contain lead levels equal m or greater man 1.0 milligram per Nature centimeter or in excess of0.50-percent lead by weight shall be maintained in a condition free from peeling, chipping and flaking paint or removed or covered in an approved manner. Any surface to he covered shall first be identified by approved warnings as to dre lead contend of such surface. PM -305.5 Stairs and raiBnge All interior stairs and railings shall be maintained in sound condition and good repair PM -305.6 Stairs and walking surfaces: Every stab, ramp, balcony, porch, deck or other walking surface shall comply with the provisions of Section PM -702.9. PM -305.7 Handrails and guards: Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. SECTION PM -306.0 RUBBISH ANI) GARBAGE PM -306.1 Accumulation of rubbish or garbage: All exterior property and premises, and the interior of every structure shall be free from any accumulation of rubbish or garbage. 114-30632 Containers: The operator ofevery establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close -fitting covers for the storage of such materials mail removed from Ne premises for disposal. PM -404.1 Habitable spaces: Every habitable space shall have at least one operable window. The total operable area of the window in every room shall be equal to at least 45 percent of thee minimum glazed area required in Section PM -403.1. PM -404.2 Bathrooms and toilet rooms: Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section PM -404.1, except that a window shall not be required in spaces equipped with a mechanical ventilation system that complies with the following: 1. Air exhausted by a mechanical ventilation system from a bathroom within a dwelling unit shall be exhausted to the exterior and shall not be recumm ed to any space, including the space from which such mr is withdrawn. 2. Air exhausted by a mechawcal venfilation system from all other bathrooms or toilet rooms shall be exhausted to the exterior without recirculation to any space, or not more than 85 percent of the exhaust air shall be recirculated where the system is provided with effective absorption and filtering equipment. PM -404.5 Clothes dryer exhaust: Clothes dryer venting systems shall be independent of all other systems and shall be vented in accordance with the manufacturer's instructions. PM405.8 Minimum ceJing heights: Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm). Exceptions 1. In one -and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one -and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceifing height of not less then 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of m least ] feet (2134 nm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet (15 24 mm) or more shall be included. PM -501.2 Responsibility: The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner -occupant or permit soother person to occupy any structure or premises which does not comply wind the requirements of this chapter. bathrooms. PM -505.1 General: All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary, and fimctiond condition. PM -505.2 Future clearances: Plumbing fixtures shall have adequate clearances for usage and cleaning. PM -506.1 General: Every slit, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen shies, lavatories, laundry fuddles, bathtubs and showers shall be supplied with hot or tempered and cold rmudnv water. PM -506.3 Supply: The water supply system shall be installed and maintained to provide a supply of water to plumbing fi tures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. PM -506.4 Water hearing facilities: Water heating facilities shell be properly installed, maintained and capable of providing an adequate amount of waren to be drawn a every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110 degrees F. (43 degrees C.). A gas-buming water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and presence relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. PM -507.2 Msinteamu e: Every plumbing stack, vent, waste and sewer line shall function properly and be kept fee from obstructions, leaks and defects. PM -508.1 General: Drainage of roofs and paved and, yards and courts, and other open areas on the praises shall not be discharged in a marina that creates a public nuisance. PM -601.2 Responsibility: The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owns -occupant or permit another person to occupy any premises which does not comply with the requirements of this chapter. PM -602.1 Facilities required: Heating facilities shall be provided in structures as required by this section. PM -6021 Residential buildings: Every dwelling shall be provided with hearing facilities capable of maintaining a room temperature of 65 degrees F. (18 degrees C.) in all habitable rooms, baduooms and toilet rooms based on the outside design temperature required for the locality by the mechanical code listed in Chapter 8. PM -602.2.1 Heat supply: Every owner and operator of my building who rents, leases or lets one or more dwelling urd4 rooming unit dormitory or guesnoom on terms, either express or implied, to famish heat m the occupants thereof shall supply sufficient heat during the period from [DACE] m [DATE] to maintain the room temperatures specified in Section PM -602.2 during the bows between 6:30 a.m. and 10:30 p.m. of each day and not less than 60 degrees F. (16 degrees C.) during other hours. PM -603.3 Cooking and heating equipment: All cooking and heating equipment components and accessories in every heating, cooking and water -heating device shall be maintained free from leaks and obstructions. PM -603.4 Flue: All fael-burning equipment and appliances shall be cormected to an approved chimney or vent. Exception: Fuel -burning equipment and appliances which are labeled for unvented operation. PM-(iO4.3 Electrical system hazards: Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, m for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. PM -605.1 Installation: All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. PML05.2 Receptacles: Every habitable space or a dwelling shall contain m least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded -type receptacle. Every bathroom shall contain at least one receptacle. PM -605.3 Lighting fixtures: Every public bell, interior stairway, water closet compamnent, bathroom, laundry room and furnace room shall contain at least one electric lighting facture. PM -702.9 Stairways, handrails and guards: Every exterior and interior flight of stairs having more than four risers, and every open portion of a stain, landing, balcony, porch, deck, ramp or other wanting surface which is more than 30 inches (762 mm) above the Floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) nor more than 42 inches (1067 mm) high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guanls shall not he less Nan 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, ramp or other walking surface. PM -705.5 Smoke detectors: A minimum of one approved single -station or multiple -station smoke detector shall be installed in each Vestment, suite or sleeping area in occupancies in Use Groups R-1 and 1-1, and in dwelling units in the immediate vicinity of the bedrooms in occupancies in Use Groups R-2 and M. In all residential occupancies, smoke detectors shall he required on every story of the dwelling mut, including basements. In dwelling units with split levels and without an intervening floor between the adjacent levels, a smoke detector installed on the upper level shall suffice for the adjacent Iowa level, provided that the lower level is less than one full story below the upper level. PM -705.5.1 Installation: All detectors shell be installed in accordance with the building trade listed in Chapter 8. When actuated, the smoke detectors shall provide an alar suitable to wam the occupants within the individual room or dwelling unit.