Loading...
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: Manager's Comments:' T.. 'eIl4O nw erg:yl++kt/w+L11�C%aan...r,�P%XIW. IEtD.,lY1L - . ,rl�.;.1L �.^wJ �j[/�+eC �" -' - 4+u1! ra+�1%*uL'tr oda M1✓`ry .u.�la.l� �I ax PYrBW OUn .lb �ue enAksu a cmebe � mus0 a.reQ t7�inNce... .9AwM"�.d( my. m„ase. Associated Information: ORD[E II eYIL BUEgeI Approval: I�. l+lun re Dwool Legal Approval: bk ciys nmr tern NO.— page — 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