HomeMy WebLinkAbout2025-04-28 25-140 OrderCITY COUNCIL ACTION
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25-140 4/28/2025
DANGEROUS BUILDING
DECISION AND ORDER
Pursuant to 17 M.R.S. ��2851-2859
TO: James Butler, Jr.
691 Main Road North
Hampden, ME 04444
Buildin� at 67 Lincoln 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 67 Lincoln Street, Bangor, Maine, as more
particularly described in a deed from Frank O'Toole to James W. Butler, Jr., dated April 2, 2001,
and recorded in Book 7648, Page 157 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 owner, James W. Butler, Jr. (the "Property Owner" or
"Mr. Butler") on March 13, 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 Mr.
Butler.
Information concerning the history and condition of the building at 67 Lincoln Street,
including a number of photographs and reports,was presented by CEO Hanscom Bilotta. The
Property Owner also provided testimony.
Factual Findin�s
Based on the testimony and other evidence presented, including the photographs and
25-140 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 67 Lincoln
Street, Bangor, Maine, and as depicted on the City's Tax Map 025, Lot 052.
2. The current owner of the Property is James W. Butler, Jr.,per the deed referenced above.
3. The Property suffered a fire on December 3, 2024 that 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 and debris in and around the building due to the
December 3 fire, 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 67 Lincoln 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. By May 31, 2025, the Property Owner shall remove or demolish, or cause to be removed
or demolished, the structure at 67 Lincoln Street, including the removal of all structural
appurtenances, debris, trash, footers, etc., and shall fill and compact the remaining
foundation/hole to the grade level of the lot.
2. In the event the Property Owner fails to remove or demolish the structure at 67 Lincoln
Street or cause the same to be removed or demolished by May 31, 2025, or fails to fill the
existing open foundation/hole, as required, by May 31, 2025, the City shall proceed to
demolish the structure at 67 Lincoln 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.
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25-140 4/28/2025
3. 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).
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 25-140
Passed
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CITY CLERK
