HomeMy WebLinkAbout1988-04-11 88-192 ORDER88-192
Item/Subject: Authorizing Daniel M. Wellington to Prosecute
Land Use Violations
Responsible Department: Legal
Commentary:
30 M.R.S.A. g 4966 authorizes local code enforcement officials to
prosecute land use violations in the Maine District Court, provided
such officials have been duly certified by the Maine Department of
Human Services and authorized by their Municipal O££icers to e
act. ACertified/authorized official; may prosecute violations of
any local land use ordinance, code, or state law which he is
empowered to enforce andwhichviolation is subject to Rule BOK
of the Maine Rules of Civil Procedure.
Daniel Wellington successfully completed the Rule SOK course
of
study by passing a 4-hx
'our essay examination and received his
certification from the Department of Human Services in October- of 1986. In the summer of 1987 he completed the advanced training
program in Rule 80K procedure which was sponsored by the Maine
Municipal Association. The advanced training program consisted of
mock trial in which Dan prosecuted several land use violations.
A practicing attorney sat as the Judge and another practicing
attorney served as defensecounsel. Danny won his case on all
counts.
As a City inspector, Dan's areas of expertise and authority to
enforce various laws are evidenced by the following credentials:
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Associated Information: ORD[E II eYIL
BUEgeI Approval: I�.
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o.page_ of_
88-193
Jane W. Seel OL William M: Shubert
Nary E. Sullivan. Arthur R. Tilley
Enclosure
88-192
Introduced by Councilor England, April 11, 1988
CITY OF BANGOR
(TITLE.) &Ur, -- Authcrtzing Daniel M. Wellington to Prosecute _..
band use violations
By oho City Council of as ofBmnycr.
ORDERED,
THAT
WHEREAS, 30 M.R.S.A. S 4966 autMrizes code enforcement officials to serve
Maine Rules of Civil Procedure, Rule 80K citations and aanplaints for land
use violations, provided such official has been duly certified by the Maine
Department of Wmmen Services; and
WHEREAS, 9 4966 also autMrizes certified code enforcement officials to
appeaz in the Maine District Courts on behalf of their respective
municipelities for the purpose of prosecuting said land use violations,
provided such official bas been duly autMrized by the municipal officers to
so art; and
WFIEREfS, City of Bangor Inspector Daniel M. Wellington has successfully
completed the certification requirements establisbed by the Department of
Woman Services, thereby demonstrating familiarity with civil court
proceedingspursuantto said Rule 8OK; and
4.FIERdmss, said Daniel M. wellington has been duly certified by the Department
of Hanan services,
NOW, THEREFORE, By the City Counciil of the City of Bangor be it
ORDER®,
793AT City of Bangor Inspector Daniel M. Wellington i6 hereby authorized and
directed to represent the City of Bangor in Maine District Court, District
Three, Division of Southern Penobscot County, for the porpose of prosecuting
land use violations pursuant to Maine Rules of Civil Procedure, Rule 8OK;
and be it further
ORDERED,
TBAT the letter of autMrization attached hereto as Exhibit 'A• shall be
executed by the City Council and filed in Maine District Court, District
three, Division of soutbern Pennctocot County, in accordance with this Order
and 30 M.R.S.A. 5 4966.
In City Cowcil April 11,1988
passed P/
t o ` '
88-192
ORDER
Title,'i A9:31
>...j a .%toff.... REi'ri _.
to prosecute
pard iiia CIiYGFBANGCR
to erosecute Lena use violations CITY CLEF,
.................................
�/ ////////Introduuc^^�edan''d Q¢ted.'byo
CCC/// uhcflmen
Commentary (continued)
registered sanitarian (sanctioned by National Environmental Health
Association); certified environmental health technician (sanctioned
by National Environmental Health Association); certified local
plumbing inspector (sanctioned by Maine Department of Human Services);
certified underground tank inspector (sanctioned by Maine Department
of Environmental Protection); c6ztified in backflow prevention,
(sanctioned by Bangor Water District); licensed pesticide applicator
(sanctioned by State of Maine); Bachelor of Science degree in
veterinary medicine (University of Maine at Orono, College of Life
Science and Agriculture); National Centers for Disease Control
courses of study in epidemiology, Vector -born disease control and
communicable disease control, City of Bangor Animal Control Officer
(District Court experience)i attended seminars within the last
year and a half on toxicology (University of Maine at Orono),
management of hazaddous wastes in the home (University of Madre at
Orono),'saptic system installation (Maine Department of Human
Services); radon and asbestos (State of Maine).
Dan has worked closely with Matt Nichols on several of the City's
land use violation prosecutions pursuant to Rule SOH. A member of
the Legal Department will contine to be available to Dan and the
Code Enforcement Office for assistance in these prosecutions.
However, Dan's credentials, knowledge and practical experience
indicate thatOhe�possesses the skills and training necessary to
successfully prosecute land use violations in accordance with
Rule SON and Section 4966.
(jitu of Pulls", hfflaim
CITY COUNCIL
(bate)
Thelma Holmes, Clerk
Maine District Court
73 murnond Street
Bangor, Maine 04401
Dear Mrs Holmes:
Dn April 11, 1988 the Bangor City Council passed Council Order 88-
andthereby authorized and directed City Inspector Daniel M. Wellington W
appear in Maine District Court, District Three, Division of Southern
Penobscot County, On behalf of tho City of Bangor, for the prosecution of
land us violations pursuant to 30 M.R.S.A. S 4966. Mr. Wellington is an
inspector in the Office Of the Bangor Bureau of Code Enforcanent And Fire
Prevention and i6 a Certified Docal Flushing Inspector. Mr. Wellington has
also been Certified by the Maine DepatWent of Hunan Services as heing
familir with Civil Court psocadu[es, and in particular. Maine RUle Of Civil
Procedure, Rule BOK. -
Enclosed please find a true, attested Copy of Council Order 88- and
Mr. Wellington's Rule 80K Certificate as issued by the Department of HWnen
Services for your records.
Very truly yours,
Marshall M. Frankel, Chairman Patricia A. Blanchette
William L. kY,gla W. Dan Sawyer
11
qm
_88-193
(jitu of Pulls", hfflaim
CITY COUNCIL
(bate)
Thelma Holmes, Clerk
Maine District Court
73 murnond Street
Bangor, Maine 04401
Dear Mrs Holmes:
Dn April 11, 1988 the Bangor City Council passed Council Order 88-
andthereby authorized and directed City Inspector Daniel M. Wellington W
appear in Maine District Court, District Three, Division of Southern
Penobscot County, On behalf of tho City of Bangor, for the prosecution of
land us violations pursuant to 30 M.R.S.A. S 4966. Mr. Wellington is an
inspector in the Office Of the Bangor Bureau of Code Enforcanent And Fire
Prevention and i6 a Certified Docal Flushing Inspector. Mr. Wellington has
also been Certified by the Maine DepatWent of Hunan Services as heing
familir with Civil Court psocadu[es, and in particular. Maine RUle Of Civil
Procedure, Rule BOK. -
Enclosed please find a true, attested Copy of Council Order 88- and
Mr. Wellington's Rule 80K Certificate as issued by the Department of HWnen
Services for your records.
Very truly yours,
Marshall M. Frankel, Chairman Patricia A. Blanchette
William L. kY,gla W. Dan Sawyer