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Home My WebLink About2021-06-28 21-261 OrderCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: 21-261 JUNE 28. 2021 Ram CITY OF BANGOR, Plaintiff V. .SHARON-KNAPP, Defendant DISTRICT COURT DISTRICT THREE DIVISION OF SO. PENOBSCOT CIVJ� ACTION � 1�1_3 I OW In the matter of the City of Bangor v. Sharon Knapp, an enforcement action brought pursuant to Rule 80K of the Maine Rules of Civil Procedure, the parties herein stipulate to the entry of judgment against Defendant Sharon Knapp as follows. Accordingly, the Defendant admits and this Courtfinds that: 1. Defendant.SharonKnapp is the owner of real property and the buildings thereon located at 78* Fourth Street, Bangor, Maine (hereafter referred to as the '.premises"). 2. The Defendant has allowed the premises to deteriorate in violation of certain City ordinances described below. The violations include but not limited to broken glass at rear side window, peeling paint on the trim and building, missing trim, siding and framing, failing pore fldo f—li 'h r and supports, damaged, and mg roof shingles, totted or missing exterior stairs, failing garage, accumulation of rubbish and garbage, missing gutters, open roof eaves, no power or water to building and failure to register as avacant building. 3. In Chapter 223 of the Code of the City of Bangor, the City of Bangor has, adopted the IPMC to regulate and govern the conditions and maintenance of all property and structures in the City of Bangor. 4., The IPMC, § 302.7, "Accessory structures," states "All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good -repair. 5., The IPMC, § 304.2, entitled "Protective treatment," states: 21-261 JUNE 28. 2021 All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay - resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 6. The IPMC, § 304.6, entitled "Exterior walls," states "All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surfaced coated where required to prevent deterioration." 7. The IPMC, § 304.7, entitled "Roofs and Drainage," states: The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 8. The IPMC, § 304.131, entitled "Window, skylight and door frames," states "Every window, skylight, door and frame shall be kept in sound condition, good repair. and weather tight." 9. The IPMC, § 3 06. 1, entitled "Handrails and Guardrails," states: Every exterior and interior flight of *stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm.) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. ' The Notice of Violation attached as Exhibit A and letter attached as Exhibit B incorrectly cited this section as 303.13. 21-261 JUNE 28. 2021 10. The IPMC, § 307.1, entitled "Accumulation of rubbish or garbage," states "All exterior property and premises, and the interior of every structure, shall be free: from any accumulation of rubbish or garbage." 11. The IPMC, § 701.2, entitled "Responsibility." states "The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements." 12. The IPMC, § 702, entitled "Means of Egress," states "A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code." 13. The Code of the City of Bangor, § 223-4(A), states "The owner and occupant or real property shall be responsible for keeping the public right-of-way along the full frontage of the property to the center of the street or road free and clear of trash, debris, and discarded items." 14. The Code of the City of Bangor, § 223-8(B), states "When a building or structure becomes vacant, the owner of the building must apply for and obtain a vacant building registration permit and pay the fee within 60 days of the building becoming vacant." 15. The Code of the City of Bangor, § 223-10(A), states: Upon and at the time of application, the owner of a vacant building or structure shall arrange for an inspection of the premises by staff of the Code Enforcement Division. The purpose of such inspections is to determine and ensure compliance with vacant building maintenance standards. The Code Enforcement Division may bring on the inspection such other government officials as it deems prudent to ensure compliance with standards and the safety of the building and the Code Enforcement Division, including but not limited to Police and Fire Officials. 16. The Code of the City of Bangor, § 223-11, states: An owner of a vacant building must -adequately protect, it from intrusion by trespassers and from deterioration by the weather. A vacant building shall be deemed adequately protected from intrusion by trespassers and from deterioration by the weather if it satisfies the following vacant building maintenance standards: A. Building openings. Doors, windows, areaways and other openings must be weathertight and secured against entry by birds, vermin and trespassers. Missing or broken doors, windows and other such openings must be covered by glass or other rigid transparent materials which are weather protected and tightly fitted and secured to the opening. 21-261 JUNE 28. 2021 G. Exterior walls. The exterior walls shall be free of holes, breaks, and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather -coating materials, such as paint or similar surface treatment. 17. The Defendant's property is in violation of IPMC § § 302.7, 304.2, 304.6, 304.7, 304.13, 306.1, 307.1, 505.1, 602.1, 701.2 and 702.1 and Bangor Code §§ 223-2(M), 223-4(A), 223-8(B) and 223-11 as the result of the Defendant not maintaining her premises as described in paragraph 2 above. 18. The Code of the City of Bangor, § 223-2(B) states "The penalty for violations of this Code shall be imposed in accordance with 3 O-A M.R. S.A. § 4452. Each day such a violation is permitted to exist, after notification by the Code Enforcement Officer, shall constitute a separate offense." 19. The Code of the City of Bangor, § 223-12, states "Any person who is found to be in violation of any provision or requirement of this article shall be subject to a civil penalty as set forth in 30-A M.R.S.A. § 4452. Each violation of a separate provision or requirement, and each day of violation, shall constitute a separate offense." 20. Under 30-A M.R. S.A § 4452(3), per -day penalties for a specific violation may range from $100 to $2,500, the court may order the violator to correct violations, and the municipality must be awarded reasonable attorney's fees and costs barring special circumstances. This Court therefore Orders as follows: A. Defendant is Ordered to repair loose and peeling paint and siding, to fix or replace damaged and broken windows, repair or replace exterior stairs, repair or demolish the garage, remove rubbish or garbage, all to the satisfaction of the Bangor Code Enforcement Office, and to make any other repairs necessary for the residential building to receive a Certificate of Occupancy, including but not limited to repairs to the roof, foundation, and interior levels, or else to demolish said residential structure and garage; B. By June 1, 2018, Defendant must apply for building permits for any work listed in Paragraph A that is needed in order for the building to receive a Certificate of Occupancy; C. By November 1, 2018, Defendant must have completed any work listed in Paragraph A that is necessary for the residential building and the garage to be stabilized, and have demolished any parts of said residential structure or garage that have not been stabilized; D. By November 1, 2019, Defendant must have completed all of the work listed in Paragraph A; E. If Defendant fails to comply with the requirements of Paragraphs B, C, or D, the Court authorizes the City of Bangor or its designees to enter and demolish the residential 21-261 JUNE 28. 2021 building and garage on the property, and to file a lien on the real estate at 78 Fourth Street to recover those actual and direct expenses incurred in demolishing the property; F. Defendant is Ordered to comply with the City's Property Maintenance Code and not to allow the co-nditions that resulted in the violations described above to recur. " �,Cl T-7t Dated this, PI V of rw,9. o i R � - <%: � / � � \ 7,71, �� ' z� � � � � ` L I '111W I IM P"O 111 le ,�flr Mr � "pry% M _ ,� era, �,� 1 �� wiRrwiuiv � �� ury� ti am„ � � i ° w� � �' 1 of w��" � � � ✓ ` ` ry r Of Al ,��. �, �N'�wl`iVY'✓i71� � �, r 6 009 .. �� wrau �'iiI � '� �"'�`PI� s 1'1��7w"�. l"; y�tii�l� � nib �;.,� fi ; ',. r _,�` a IN CITY COUNCIL JUNE 28,2021 CO 21-261 Motion made and seconded to Open Public Hearing Public Hearing Opened Susan Knapp, owner of the property, disagreed with the Code Enforcement Officer and stated she was working to fix the building. Ron Rideout of Dirigo Building Science Engineers stated he could have communicated better on what they were doing. He said they were waiting on the foundation contractor to return from Florida. Jeff Wallace, Code Enforcement Officer, stated the city was asking for the entire scope of work,time frame for completion, cost and proof of ability to pay for the rehabilitation. He stated the conditions remain the same with no improvement. Motion made and seconded to Close Public Hearing Vote: 9—0 Councilors Voting Yes: Davitt,Dubay,Fournier, Hawes,Nichols, Okafor, Schaefer, Sprague,Tremble Councilors Voting No: None Public Hearing Closed Motion made and seconded for Passage Vote: 9—0 Councilors Voting Yes: Davitt,Dubay, Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Tremble Councilors Voting No: None Passed CIT CLE