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Home My WebLink About1984-05-14 84-196 ORDER84-196 Introduced by Councilor Brown, My 14, 1984 ;, _ CITY OF BANGOR (TITLE) Relative to Condemnation of a Building, pr Structure Located at 124 Birch Street, Bangor, Maine -- Dangerous Building I .. .. .......... __.__.___ _..._ _. _. I- - AyrFsGitYE-.W�4I!`N-BmrKea:- .. Yf1A't„ WHEREAS, the Bangor city Council', in its capacity as the Municipal Officersof the City of Bangor, held a public hearing pursuant to 17 M.R. S.A. 95 2851 at seq. bo determine whether or not the building or structure located at 124 Birch Street, Bangor, Maine, on a lot described in a deed recorded in Volume 1155, Page 271, Penobscot Registry of Deeds, and owned by Frank H. Hartley, constitutes a dangerous building within the meaning of said statute; and WHEREAS., based upon the evidence presented at said public hearing, the Bangor City council finds that the building or structure in question 1s structurally unsafe; unstable, a fire hazard; unsuitable or improper for the use or occupancy as a residencel a hazard to health or safety because of inadequate maintenance, dilapidation, obsolescence or abandonment, .and dangerous to the life and property of the inhabitants of the City of Bangor; and WHEREAS, the Bangor City Council herebyadjudges said building or structure to be a nuisance and dangerous, as provided in Title. 17 M.R.S.A. 55 2851 at seq., NOW, THEREFORE, By the City Council of the City of Bangor: ORDERED, THAT said building or structure shall be disposed of as follows: ' [11 Said building or structure shall be demolished by the owner(s) within thirty (30) days of the date of passage of this Order, said demolition to be performed inconformity with the Laws and Ordinances of the City of Bangor; and 121 In the event said building or structure is not demolished within thirty (30) days as provided' above, the City's Director of Code Enforcement may cause said building or structure to be demolished, all expenses incurred thereby to be paid by the IN CITY CWNCIL My 14, 1984 Cop¢idei 2nd m/eetingo in June O¢puty ityity Cl¢r, 4 k IN CITY COUNCIL Tune 25, 1984 Public Hearing - Consider 2nd 'nq in wwember. jM CI CLEPK In City Council November 26,1984 IMefinitely postponed City Clark 84-196 ORDER Title, Relative to Condemnation of a Building or Structure Located at 124 Birch street .. eanve':'keira = 6anvezw's'9ki1d16s'• Introduced and filed by E}e c. .•.3 RnvN men Cnuneilnian '84 MY 10 P309 REOLIVED LIiY OF 6ANGUF CITY CLERK 'owner(s) or assessed against the property in accordance with 17 M.R.S.A. S 2853; and [3) The owner(sY of said building or structure shall remove all personal property located therein. In the event that the owner(s) fail to comply with this Orders the City's Director of Code Enforcement may remove and dispose of said personal property. andbe it further ORDERED, THAT the City Solicitor, or his representative, i hereby authorized to take any and all additional action necessary to secure the demolition of said building or structure. Ch. 91 NUISANCES 17 § 2851 A Application. This section shell not affect the applies. tion of more and federal statutes. 1991, e. 472. 1 Seems ropf et on. of flue A fibers Relevances NWeanee P9p), el. 0.]O. Nurses 12& SITEIMAIMdR N DANGEROUS BUILDINGS Secured 2851. Dangerous buildings. 2852. Appeal; hearing. 2853. Municipal officers may order suggests abated. 2854, 2855. Reputed. 2856. Securing dangerous structures. 2867. Recording of souse. 2858. Consent b removal 2859. $unwary process. § 2851. Da.vgerous bwwings Whenever the municipal officers shad fkd a building or structure or any portion thereof or a" wharf, pier, pilings or any portion thereol which is or was located onrexceeding from h land within the boundaries of the municipality, as meson ed from low water mark, Is structurally unsafe; unstable; an sanitary; constitutes a fire hazard; be unsuitable or improper for the use or occupancy o which it is put; oonatitutea a Instant to health or safety because of inadequate, maintenance, dilapida- tion, obsolescence or abandonment or is otherwise dangerous to life or property, they may after Notice and hearing on this mat- ter, adjudge the same to be a nuisance or dangerous aryl nary make and remrd ae order preaerituft what disposal shed be made chargee. L Notice. the notice shad has served on the owner and all 7 partfea in otemt, as calmest in Title 14, section 6321, in the same way service of process is made in accordance with the Blaine Rules of Civil Procedure. 2. Nuthe how published.. Whin the name or address of any owner or co-owner is unknown or is not ascertainable with reasonable diligence, then the notice shall ce published once a week for 3 successive weeks prior to the date of hearing in a 241 - 17 § 2851 CRIMES 'Title 14 newspaper generally circulated in the county, or if none, in Me state paper. u & Order. The Order made by the municipal officers shall he rerorded by Me municipal clerk who shalt forthwith Nagai an 1 attested copy, to be served upon the owner and all parties in In- tereat In the same may service of gimmes In made to accordance ' with the Maine Rules of Civil Procedure. U the name Or ad - eras cannot be ascertained, the clerk shall publiah a COPY of the order M the same =met he provided for notice N subsectlon 2. 4. Proceedings he Superior (born In addition th Proceed - mg; before the muntapel Officers, the muntapatitY may seek an order of demolition by filing a complaint in the Superior Cc= t siNa[ d in the county where the structure is located. The Com- plaint shall identify the location of the property and set ford Me reasoaa why Me murdapality adding its removal Service Of the complaint adult be made upon the owner and parties-m-]nter- eat th accordance with the Maine Rules Of avil Procedure. Aft- er hearing before Me court siding without a jury, the court shag Isar¢ an appropriate order and, If It requires reenovel of Me structure, it shah award casts, as authorized try this sub chapter to Me municipality. Appeal from a dechOm. of Me Su- perior Court shall be to the law court In accordance with the f Maine Ruiesof CivilPweedure. R 9.1964, r.141, § 25; 1965, 1.2h4; 1964, c. 401, § 1; 1973, v 146, § 1; 1979, a 24, §§ 1 to 2. 1peemeal INN Tac Proem] ma amenle il "Iduromme] or replacednner. t near dt wMan p e�NIN nt t he sh , m1h Ioo mo,ver e, Ne Publication irv`eya whenof a ¢the mnnmiar oe 1, p. mann, o n mann, W e form. .ce0111 marewmamma L the e N InYoured N nny areNW nt No mOut inrnt, da Ina II the t neer mmvum, w P ha". re pelpffein.m theenrol. dorm m a made .nma.ea. t .ma. er ew r nth deer der, I, . zee m Iniad d1JNm nn , No..a of de, mar, ee n aa, W'Whenever a um 0 be n meowe de trading. or 9 routine'Nnt on"n parem, my men make en Woudm W euro Imem, ne is order uncommon what moment Shall and "thoE w e" a aowng d made Nneof, and uncommon Ing hllghtme Inn In the Orn' We men Wall�een Wa roua im a dean, eM W4 w ion after en and heulng on the wx metme, If aI madeu of the On, edloatl me ewe to be S m- BSa 1e eopr NeaW, cod r code ante nae000rder eco drop fouc atna Here r then be NonetNVVre In b eeW once fabig If What 1 Who cow 20