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HomeMy WebLinkAbout2025-04-28 25-141 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: 25-141 4/28/2025 DANGEROUS BUILDING DECISION AND ORDER Pursuant to 17 M.R.S. ��2851-2859 TO: Cheryl A. Lynne Robert S. Lynne, Jr. 1100 Hammond Street, Room 120 Bangor, ME 04401 Buildin� at 354 Ohio Street, Ban�or, Maine The Bangor City Council, acting as the municipal officers of the City of Bangor, hereby adopt and issue this Decision and Order pursuant to 17 M.R.S. § 2851 et seq. with respect to a structure on the property with an address of 354 Ohio Street, Bangor, Maine, as more particularly described in a deed from Donald C. Sawyer and Marjorie L. Sawyer to Robert S. Lynne and Lorraine A. Lynne, and recorded in Book 2629, Page 237 at the Penobscot County Registry of Deeds (the "Property"). Preliminary A dangerous buildings proceeding was held under 17 M.R.S. § 2851-2859. A Notice of Public Hearing was served on the property owners, Cheryl Lynne and Robert Lynne, Jr. (the "Property Owners") on March 31, 2025, and the Notice of Public Hearing was recorded in the Penobscot County Registry of Deeds in accordance with 17 M.R.S. §§ 2851 and 2857. No other parties-in-interest were discovered in the title search conducted on the Property by the City of Bangor. The City Council convened a hearing on the matter in accordance with 17 M.R.S. § 2851 on April 14, 2025 at 7:00 p.m. at the temporary Bangor City Hall located at 262 Harlow Street, Bangor, Maine. Participants at the April 14, 2025 public hearing included Bangor Interim Code Enforcement Division Director Brenda Hanscom Bilotta ("CEO Hanscom Bilotta") and the Property Owners. Information concerning the history and condition of the building at 354 Ohio Street, including a number of photographs and reports,was presented by CEO Hanscom Bilotta. The Property Owners also provided testimony. Factual Findin�s Based on the testimony and other evidence presented, including the photographs and 25-141 4/28/2025 reports included in the City Council's April 14, 2025 agenda packet, the City Council hereby finds as follows: 1. The structure at issue is located on a property having a street address of 354 Ohio Street, Bangor, Maine, and as depicted on the City's Tax Map 021, Lot 006. 2. The current owners of the Property are Cheryl A. Lynne and Robert S. Lynne, Jr.,per a Quitclaim Deed with Covenant recorded in Book 1571 l, Page 337 at the Penobscot County Registry of Deeds. 3. The Property suffered two fires. One fire occurred on April 27, 2024, and the second fire occurred on September 16, 2024. These fires caused significant damage, resulting in a building that is not structurally sound or protected from the elements, as testified by CEO Hanscom Bilotta. 4. It was CEO Hanscom Bilotta's conclusion that the Property, as it currently exists,poses a hazard due to the structural damage caused by the two fires, and is dangerous in its present state in accordance with 17 M.R.S. § 2851. Conclusions of Law Based on the foregoing findings of fact, the Bangor City Council finds that the structure located at 354 Ohio Street constitutes a dangerous building within the meaning of 17 M.R.S. § 2851. Specifically, the City Council finds that this structure is structurally unsafe, is unsuitable for the use or occupancy to which it is put, constitutes a hazard to the public's health or safety because of inadequate maintenance, and is otherwise dangerous to life or property. Order NOW, THEREFORE, based on the foregoing, the City Council hereby ORDERS as follows: l. The City shall demolish the structure at 354 Ohio Street and fill the open foundation/hole. As provided in 17 M.R.S. § 2853, the City's expenses relating to the abatement or removal of the building, including, without limitation,reasonable attorney's fees, shall be recovered as provided in that section or otherwise available under the law. 2. The City Clerk shall record and cause service of attested copies of this Decision and Order in accordance with 17 M.R.S. § 2851(3). 2 25-141 4/28/2025 This decision may be appealed to Superior Court under Maine Rule of Civil Procedure 80B. If this Order is not timely complied with and no timely appeal is taken, the Bangor City Council may undertake the ordered corrective action at the City's expense and recover from the Property Owner all expenses,including,without limitation, reasonable attorney's fees,by means of a special tax or civil action. Dated this 28 day of April, 2025. BANGOR CITY COUNCIL Cara Pelletier, Council Chair Michael Beck, Councilor Wayne Mallar, Councilor Susan Hawes, Councilor Richard Fournier, Councilor Daniel Tremble, Councilor Joseph Leonard, Councilor Susan Deane, Councilor Carolyn Fish, Councilor Notary Public /Attorney-at-Law Print Name: My commission expires: 3 IN CITY COUNCIL APRIL 28, 2025 CO 25-141 Passed �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� CITY CLERK