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
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IT
aeIx
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wrure
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o anvwA.---e
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w
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ra.a„wix2 i 91ITINe
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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
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f l..lXt
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WLA
r
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..'
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
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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.