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Home My WebLink About2025-06-09 25-188 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: 25-188 JUNE 9, 2025 DANGEROUS BUILDING DECISION AND ORDER Pursuant to 17 M.R.S. §§ 2851-2859 TO: Ali Anthony Alaa Al Jaber 32 Elmwood Avenue Westbrook, ME 04092 Building at 271 Elm Street, Bangor, 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 271 Elm Street, Bangor, Maine, as more particularly described in a deed from the Estate of Jeffrey J. Holmes to Ali Anthony and Alaa Al jaber, dated November 1, 2024, and recorded in Book 17302, Page 85 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, Ali Anthony and Alaa Al jaber (the "Property Owners") on March 21, 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. The City Council continued the matter to May 12, 2025 in order to allow the Property Owners to discuss whether the Property could be renovated to make it no longer dangerous. On May 12, 2025, the public hearing was again opened and included CEO Hanscom Bilotta and the Property Owners. The City Council again continued the matter to May 28, 2025 in order to provide the Property Owners more time to come up with a plan to renovate the Property. On May 28, 2025, the City Council again opened the public hearing. Information concerning the history and condition of the building at 271 Elm Street, including a number of photographs and reports, was presented by CEO Hanscom Bilotta. The Property Owners also provided testimony at the April 14, 2025 hearing and the May 12, 2025 hearing. Factual Findings Based on the testimony and other evidence presented, including the photographs and reports included in the City Council's April 14, 2025, May 12, 2025, and May 28, 2025 agenda packets, the City Council hereby finds as follows: 1. The structure at issue is located on a property having a street address of 271 Elm Street, Bangor, Maine, and as depicted on the City's Tax Map 046-125. 2. The current owners of the Property are Ali Anthony and Alaa Al jaber, per the deed referenced above. 3. The Property suffered a fire on August 31, 2023, 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. Carpenter Associates Consulting Engineers conducted a structural assessment of the Property on March 27, 2025, and determined that the current state of the building meets structural failure, and that it should be demolished. 5. 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 August 31, 2023 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 271 Elm 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: 1. By November 25, 2025, the Property Owners shall remove or demolish, or cause to be removed or demolished, the structure at 271 Elm 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 November 25, 2025, or fails to fill the existing open foundation/hole, as required, by November 25, 2025, the City shall proceed to demolish the structure at 271 Elm 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. 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 Owners all expenses, including, without limitation, reasonable attorney's fees, by means of a special tax or civil action. [Signatures on following page] 3 Dated this 9 day of June, 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: 4 IN CITY COUNCIL JUNE 9, 2025 CO 25-188 Motion made and seconded for Passage of Consent Agenda Vote: 8 —0 Councilors Voting Yes: Beck, Deane, Fish, Fournier, Leonard, Mallar, Tremble, Pelletier Councilors Voting No: None Passed ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK