HomeMy WebLinkAbout1986-04-28 86-190 ORDER86-190
Introduced by Councilor Cox, April 26, 1966
CITY OF BANGOR
(TITLE.) Wrl
Maine --
am
ay the Cur Co:wwa of cup Ofan*¢or
ORDERED,
TUT
WF&AE95, the Bangor city Council, in its capacity as the Municipal O£fic of
the City of Bangor, held a public hearing pursuant to D M.R.S.A. SS 2851-2859
to determire whether or not the building or structure 1'ocateat at 251 Palm Street,
lnua , Maine, on a lot descrU l in a deed rexurL d in Volume 2185, Page 642,
PZeScet County Rcgisiry of Bids, wmcd by Ernest W. aryl Preda L. Nye of
ttilford, Maine, constitutes a dangerous sailding.within the meaning of said
statute; and
WBEPFAS, hased upm the evi.denca presentd at said public hearing, the Bangor
City Ccuncil finds that the buildv or structure in question is structurally
unsafe; unstable; a fire hazard; unsuitable or inIroper for the use or
occuponcy as asidence; a hazard to health or safety because of inadequate
maintenance, dilapidation, obsolescence or and dangerous to the
life and property of the inhabitants of the city of Bangor; and
WHEREAS, the Bangor City Council hereby adjudges said building or structure to.,
be a nuisance ad dangerous, az providd in Title 17, M.R.S.A. SS 2851-2859,
HR9, T93EPE m' By the city Council of the City of Bangor:
ORDER ®'NAT said building or structure shall be disposed of as follows:
(1) Said building or structure shall be demolished by
the w r(s), within thirty (30) days of the date of
passage of this Order, said dMmlitirn to bs
performed in conformity with the laws a d Ordinances
of the City of Bangor; and
11 City C u Cil April 26,1966
Amended 6 Consider let meeting
I, Jun
Amended in the let paragraph
by adding the words (now o
formerly). in the Stu line
after the wad Needs
le
In City Cca mil Jure 9,1986
Public hearing admider Next
Me tits
e
IN CITY CCWC1L
June 23, 1986.
Consider 2nd 'm sting in July -
RmliiCC dHeeaaarrinngg1Continual.
4CTy CL
W CITY COUNCIL
July 28, 1986
COnSidar And muting i Auguet.
TY IERS
In City Council August 25,1986
I19 er ml re gu sting
i
86-190
0ROER
Title,
Relative to Condemnation of aBnilding o
................................... 6.4
Structure located at 251 Po1w et.
..eaa.oi"r.. .......... 4.4 .............
.
'I(/Rri-ntterooduced led by
Councilman
/J In City doornail September 8,1996
Withdrawl
Caty Clerk)
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ilk l d Vz 0 99.
(2) In the event said building or structure is
not darolished within said thirty (30) days as
provid above, the City's Directflr of Cade
t foresswnt and Fire Prevention may cause said
building or structure to be demolished, all
expenses incurred thereby to be paid by the
w (s) orsensed against the property in
accordance with 17 M.R.S.A. 5 2853; and
(3) The owners) of said building or structure
shall revove all personal property located
therein. In the event that the owner(s) fail to
C ly with this Order, the City's. UireRor of
Code F foroemint and Fire Preception may rarove
and dispose of said personal property.
and be it further
GET) t , THAT the City Solicitor, or his representative, is hereby authorized
to take any and all additional necessary action to secure the deroliticn of
Said building of structure.
ditg of Pangar, fflaine
LEGAL DEPARTMENT
Date April 28, 1986
Hobert E. Miller
Our Solicitor
Memo Ta: Bangor City Council
So6icu Proposed Condemnations
I recommend that Council orders Now. 86-190 and
86-192 be continued until the first meeting in June, which is
June 9, 1986.
The property at 251 Palm Street has been transferred,
but th a deed has not been recorded as of this morning. I
recommend that Council Orders Noe. 86-189 and 86-190 each be
amended in the first paragraph to read as follows:
11
. Penobscot Registry of Deeds, now o
formerly Owned by Ernest N. and Freda—.
Nye. . . .
R.E.M.
to
. 'City Manager
City Clerk[-
certified mail
May 29, 1986
Mr. Thomas Small
Code Enforcement Director
Bangor City Hall
Bangor, Maine 04401
Dear Thomas:
As you know, for the past several years t
have repeatedly expressed my fears that my home is in -
jeopardy because of its proximity to 251. Palm Street.
I. understand that the City Council is going
to determine the fate of this abandoned building on June
9. 1 want to underscore my belief that this filthy, unsafe
dwelling has no placein our neighborhood of '
well-maintained family dwellings. Although your office and.
other city offices have made honest efforts to encourage
Improvement of the property, major electrical and fire
violations persist, presenting a constant hazard To my
family, guests, and property. I'm enclosing a series of
picture4,taken on Memorial Day of this year, offering
graphic evidence of total neglect. ,
My damage and injury which may result to my
family, guests, or property from these unsafe conditions
would be subsequent to my repeated efforts to have this
dwelling either made and kept, safe. or removed.
I truly respect yourabilityto handle this
situation and will applaud your efforts to bring It to its
proper end.
Sincerely, �err(ely
e
enc. cc: John Flynn, Bangor City Manager
Robert Burke, Bangor City Fire Chief _
Russell McKenna, Bangor City Clerk
Dennis Greenstein, Esq., Haas, Greenstein, Hauser,
Sims, Cohen, E Gerstein P.C.
KENT MOCKLER 255 Palm Street Bangor, Maine 04401
N ICE OF P Ilc HEARING
COOCEMNATIO.N OF A BUILDING
U TED AT 251 PALM SIREHP
BPNOJR, MAINE
me angor City Council will hold a Public Hearing on June 9, 1986 at
8:00 P.M. in the Council Chadners of angor City Hall, 73 Harlow Street,
Bangor, Maim, to consider the condannation as a. dangerous building, pursuant
to 17 M.R.S.A. 55 2851-2859, the building or structure located at 251 Pain
Street, Bangor, Maine, on a lot descrimd in a deed recorde9 in Volune 2185,
Page 642, Penobscot County Registry of Cmda, now or formerly owen_d by E est
W. and Frau L. Nye.
Dated: May 24 6 31, 1986 (:/ ' ,n,(,(,C� [/�,',,✓r�{Cf�wr,r—
June 7, 1986 C. Russel J. MCKnna
City Clerk
- 4W
Bawar, Mme - Neu Lnglmd Groufb Cnttn
JOHN A. FLYNN 73 HAP LOW STREE7
BAY m..AFA BANGOR, MAPNE 04401
fditg of angor, fflaine
May 6, 1985
Mr. Kent G. Mockler
380 W. 12th Street
Apt. #3S
Naw York, New York 10014
Lear Mr. Mockler:
I recently Tad a staff meeting with the Police Chief, Fire Chief,
Assistant Fire Chief, Cale Enforcement Officer and the City Clerk concerning
your letter of April 29, 1985 and the problem with the neighboring property
at 253 Palm Street.
Attached to this letter is a summary of the file which T Small, Code
Enforcement and Fire Prevention Officer, has accumulated in his office. I
think this summary clearly states that the Caie Enforcement Office has Beak
several attempts to correct the problems at 253 Palm Street and has been
successful as you can m
sae by the accompanying photos which were taken
Aprl 24, 1985.. Also, the City Solicitor has recently written to the
owners, Ernest and Freda Nye, mnosming their property and we expect that
the orders of the Cale Enfor(91mnt Officer to Its complied with or further
legal action will be taken against the owners.
I have discussed the status of both dogs with the City Clerk which are
now licensed and have attached a copy of the ordinances dealing with license
control of animals in the City of Bangor. I have also checked with the City
Clerk .and Police. Department concerning barking and can find no report
rendered with either of these agencies concerning this particular problem.
Please be assured that we will continue to week towards to complete
ccnpliance of the i rty at 253 Palm street.
Sincerely,
Jahn W. Fly
City Manager
J :jdr
Enclosures
cc: City Council
Police Chief
Fire Chief
Cade Enforcement/Fire Prevention Officer
City Clerk
City Solicitor
SDBJPCI' Pt P= 251 Palm Street
Amer: tamest 6 FTode Nye
Tenant: Barry M rison
3/12/84: Received a cagrlaint from Lee Nackler of 255 Palm Street, concerning five (5)
unregistered =a S "mini-junkyard", Caplaint P X84058. (photos taken)
3/13/84: Lan Wellington imestigatei ccapladnt 0c 4056 as sent a Field correctim Order
to the ayes, via certified nail, ordering that they clean W the debris within
thirty (30) days of receipt.
4/10/84: Dar: WallingtM reinspected property and found on change in status.
4/19/B4: Dan Wallington sent a "Continued Violation"rotice to the ayes concerning the
status of this property.
4/24/84: Ean Wellington received a call from Ms. Nye in responds, to Order to clean-up
debris (Cc84058). Ms. Nye indicated that the tenant was making dare headsay
in the clean-up process, however, due W inclarent weather 6 limited dump hours,
progress as slowed down.
6/1/84: Dan Wellington once again reinspected Property and foure on change in status
since last visit. (Patos taken)
6/4/84: 'tom Small receival a call from Ken IMckler regarding the junk cars and d Sris
at 251 Palm Street.
Tan saell contacted Detective John Welch, L4 jor m who offered to contact Mrs.
We relative to the complaints. -.
later this sane date Ms. Nye telephoned Ta: Small at which time he infor d hdi
of the latest findings depicted in the photos taken 6/1/84. Mrs. Nye indicated
that she would inform Harry Morrison to nave the juok vehicles.
David Nye, son of P est c FYiesk Nye, indicatad to Jahn Welch that they were
considering selling the property to Baay Ferrism. _
6/8/84: Barry 6brrlson telephoned our office and stated that all junk =a trash, efe.
would be nmved b cleaned-up in the very dear future.
I telephoned Ren Mp, Ier in Nsr York City, but was unable to speak to him. I
left a message with M. M ler's secretary relative to M. t =i9on's intentions
W raiwe the junk. .
6/?/84: Cen Wallington contacted M. Nye regarding the article in the EDN concerning Spring
Pickup. Oen informer] M. Nye that May 24th wasthe date for this address and sag
gested that he take advantage of it since his tenant was unable to get w the dump.
6/21/84: Barry morrision telephoned me to relay that the junk cars would be acvad by 6/22/84.
6/29/84: Km d ler visited my office and informed ve Mat he as pleased with the results
that B. tbrrison as in the process of clearing up his yard and rowing junk cars.
7/2/84: I teceiva4 a call frau M. Mender who wand to :rest with me relative to 251 Palm
Street, Iwwevet, I was unable to on this date. M. heckler said he'd call again.
7/3/84: M. 6bckler called w:plaint on dogs at 251 Palm Street.
8/1/84: Lae Heckler call complaint on dogs at 251 Palm Street and junk cars on his property
at 255 Palm.
8/7/84: Ken heckler called in oaplahat regarding ju 2 piling up again (C'a:paint A Q84249).
8/8/84: Dan Wallington inspected prances again and reports] situation arse than ever. in
addition, W. [ riscn started digging out the fomdatim on the sounarly side
(side farthest from the Hecklers).
ts1 Palm street
page 2
e/15J84; Ren Mkckler called regarding dogs and junk at 251 Padm Sheet. I attempted to
raturn his call, hat was mcable to reach him.
8/16/84: I telepM Nen lkckler and infornne'1 him that I would refer this case to the
Iegal office.
Chief pkgdhead telephoned ne to inform me that he received a call fron Mr.
M Uer and that there was very little that he could do for him.
10/29/84: Barry Morrison made application for a beildiN permit (N 84440) to rarndel
consisting of installing new walls, wi lma and jacuzzi.
10/29/84: Received another eenplaint (#C 4354) firm Lea lbckler pertaining to trash
at 251 PaLm Street
10/31/84: Dan Bolliegton a.@p[. C Inspected premises and found it to be no better or
worse that it was in June w complaintant specifically requested that we not
pursue the matter teennes he ass ba with the Progress at that thee. A great
e
dal of the debris in the yard was attributable to the renovation work being
co ducted by the tenant.
11/5/84: Barry Morrison reluaoted that the wiring be drool, d, (Complaint Y C 84359).
11/21/84: As a follow-up to Jeff 'a inspection of wiring and Ienny's inspstion draining
to the building permit for rarcdeling, they determined that a couplets housing
inspection should be mode am referral it to Bill Allen under referral RCRB4157.
Bill Allen found nine code violations pertaining to this property.
11/27/84: A First Waite of Code Violations was sent to Ernest 6 tteda Ilya as ass sited
an 11/21/84, with a tine limit for repair on 12/14/84 for najor violatioes and
12/27/84 for minor violations. .
4/16/85: Nen Mockler telephoned complaint regarding trash. Tom: Rdtertean assigned to
inspection. I also inspected the pramises azul found it to be a pees!
4/17/85: Field Correction Order sent to Mr. 6 firs. Nye ordering that all trash, debris
aM juNr cars be racmal within seven days of recipt of certified notice.
4/22/85: Received cerrespsdence from Kent M1kckler, along witla photos.
4/24/85: Pbotos of premises taken by our department.
4/29/85: Hill Allen attespted to do follow-up interior inspection lief. 9CR84157, baover,
no one ansrererd the door so he wasunableto inspect.
Completed by: Minas B. 9re11AA 0 Cate: April 29, 1985