HomeMy WebLinkAbout1998-10-26 98-429 ORDERCouncil Action
Date MlJ4 f? Item No. 98"29
demlSubjecb Condemnation of Building at 51 Walter Strem
Responsible Departmmb Community and Economic Development - Code Enforcement Division
Commentary;
This building was found to he unfit for human usdar habitation in early 1996. The building was
failing struceually. The owner has made no aaemq to repair me property. Liens have matured on
the property but the City has not taken possession.
Last year we faced a series of problems on this stretch of Walter Street. The issues centered an
both Code and Police issues. We were very suonessful addressing Code issues and, with the
exception of this buildin& see a marked improvement in the neighborhood. In speaking with area
residents this sentiment is shared. Staff feels, as do the neighbors, this one remaining blight needs
to be addressed.
Associated Information: p
Finance Director
Legal Approval:
iy Solicitor
Inyeduccd For
Passage
_ First Reading
Referral
Cache Eporcement""T
V
Manager's Comments:
Ci'E D
oaW lgl a
Associated Information: p
Finance Director
Legal Approval:
iy Solicitor
Inyeduccd For
Passage
_ First Reading
Referral
98-429
AuJged to Counedor Aube October 26, 1998
CITY OF BANGOR
Relative,"' Condemnation of Structure Located at
I'll5l Walter Streets Bangor, Maine Dangerous Building
_. ... ...-........ ...._
By tke City Caused oftU CUP ofBenpor:
ORDERED,
THAT
WHEREAS, the Bangor City Council, acting in its capacity as the Municipal
Officers of the City ofBangoy held a public hearing pursuant to 17 M.R.S.A. § 2851-2859
to determine whether or not the building or structure located at 51 Walter Street, City of
Bangor, State of Maine, on a lot described in a deed recorded in the Penobscot County
Registry of Deeds in Volume 3989, Page 354, and owned by Albion Smithy of Levant,
Maine, constitutes a dangerous building and a nuisance within the meaning of said statute;
and
WHEREAS, on the basis of the evidence and testimony presented at said public
hearing, the Bangor City Council finds that the building or structure in question is
structurally unsafe, unstable, unsanitary, constitutes a fire hazard, is unsuitable or improper
for the use or occupancy to which it may be put constitutes a hazard to health or safety
because of inadequate maintenance, dilapidation, obsolescence or abandonment, and is
otherwise dangerous to the life and property of the inhabitants of the City of Bangor,
WHEREAS, a list of the specific conditions and code violations, as found by the
Bangor City Council, which cause said building or structure to be a nuisance and dangerous
building as provided in 17 M.R.S.A. § 2851, er seq., is attached to this Color ("Violation
List"); and
WHEREAS, the Bangor City Council hereby adjudges said building or structure m
be a nuisance and dangerous building, as provided in 17 MR-S.A. § 2851, et seq.
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 or structure may choose Option 1 or Option 2:
IM CITY COUNCIL
October 26, 1998
Public Hearing Opened No one from
the Public Spoke Public Hearing Closed
Motion for Passage Made b Seconded
Passed
L01 =
98-629
ORDER
Title, Relative to Condemnation of a
Structure Located at 51 Walter Street,
Bangor, Maine - Dangerous Building
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Assigned tto
..... ...... a ..................
Councilman
98-429
OPTION 1
(1) Said building or structure shall be demolished by the owners thereof, within
thirty (30) days of the date 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 MRSA. § 2853; and
(3) In the event the building or structure is not demolished by the owners within
said 30 days, the Code Enforcement Officer for the City of Bangor may also
remove and dispose of any personal property remaining in the building or
structure upon the expiration of the 30 days, in accordance with state law.
OPTION 2
(1) Withm thirty (30) days after passage of this Order, the owners of the building
or structure located at 51 Walter Steel shall apply for all necessary building
permits to correct all conditions and code violations listed in the Violation List
attached to this Order. Upon application for such permits, the provisions of
this Order requiring demolition of the building or structure shall be stayed for
a period of one hundred and twenty (120) days;
(2) Upon completion of all work necessary to correct all conditions and code
violations listed in the Violation List, and upon final inspection and
codification of the necessary work the by the Code Enforcement Officerand
the City Engineer for the City of Bangor, within said 120 day period,
provisions of this Order requiring demolition of the building or structure shall
be void. Provided, however ,that if all necessary work has not been completed
within said 120 days so as to correct all conditions and code violations listed
in the Violation List, the Code Enforcement Officer for the City of Bangor
shall proceed with the demolition of me 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 execmion
of this Order.
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