HomeMy WebLinkAbout2010-05-24 10-204 ORDERCOUNCIL ACTION
Item No. 10 204
Date: 5-24-10
Item/Subject ORDER, Condemnation of a Building/Structure at 34 Holland Street —
Dangerous Building
Responsible Department: Code Enforcement
Commentary:
Mr. Brown's building was vacant 10 years ago when it was seriously damaged by fire during
renovations. There were no permits filed for the renovation work. Over the ensuing years, Mr.
Brown has sporadically worked on the building but with little progress towards reoccupancy.
The City has had Mr. Brown in court on three occasions. In the most recent, the Court directed
damages in the amount of $10 per day. We note little progress since that time and fines
continue to mount. The neighbors have been most patient but are concerned the building
remains a blight and a hazard. Based upon testimony to be supplied by Code Enforcement in a
public hearing format, the Council is asked to find the building constitutes a dangerous building
as defined by Title 17 of the MRSA and issue findings of fact and law in accordance with State
Law.
A Public Hearing is required for this item.
Department Head
Manager's Comments: The Code Enforcement Officer will be providing further background
information and evidence as (part of the Public Hearing.
4.47-
41rlL�L�' InterimtY 9 Ci Manager
Associated Information: Order,
Budget Approval:
Legal Approval:
Introduced for
x Passage
First Reading
Referral
Finance Director
City Solicitor
Page _ of _,
10 204
;* May 24, 2010
_ P
Assigned to Councilor _ "Blanchette
ter.
G I `T'Y OF BANGOR
ED. �
(TITLE.) ORDER, Condemnation of a Building/Structure at 34 Holland Street —
Dangerous Building
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
WHEREAS, the City of Bangor received numerous complaints about the physical condition and
safety of the structure located at 34 Holland Street, Bangor, more particularly described in a deed
recorded in the Penobscot County Registry of Deeds in Book 3467, Page 157 (hereinafter "the Premises");
and
WHEREAS, the Code Enforcement Office inspected the Premises and determined that the
Premises suffers from numerous code violations; and
WHEREAS, the Premises is owned by David Brown of Bangor, Maine (hereinafter the "Owner");
and
WHEREAS, the Owner and Mortgagees where notified that the Bangor City Council intended to
hold a public hearing to consider whether or not the Premises constitutes a dangerous building and a
nuisance under 17 M.R.S.A. §§ 2851-2859; and
WHEREAS, the Bangor City Council, acting in its capacity as the Municipal Officers of the City of
Bangor, held a public hearing pursuant to 17 M.R.S.A. §§ 2851-2859 to determine whether or not the
Premises constitutes a dangerous building within the meaning of said statute;
NOW THEREFORE, based upon the evidence presented at said public hearing, the City
Council of the City of Bangor hereby FINDS:
1. The Premises, i.e., the structure located at 34 Holland Street, Bangor, is structurally
unsafe; unstable; a fire hazard; unsuitable or improper for the use or the occupancy as a residence; 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, as more
particularly described in Exhibit A attached hereto and incorporated herein; and
10 X04
2. The Premises, i.e., the structure located at 34 Holland Street, Bangor, is a dangerous
building and a nuisance within the meaning of 17 M.R.S.A. §§ 2851-2859.
NOW THEREFORE, the City Council of the City of (Bangor hereby ORDERS:
1. The Owner, i.e., David Brown, shall remedy the conditions cited above that render the
premises dangerous and a nuisance within thirty (30) days by:
A. Renovating the structure and bringing it completely up to all applicable building,
housing, and property maintenance code standards adopted by the City of Bangor, and obtaining a
certificate of occupancy from the Code Enforcement Office certifying that the structure meets all
applicable codes, or
B. Demolishing the structure and properly disposing of all debris in conformity with
the Code of the City of Bangor.
2. In the event that the Owner fails to obtain a certificate of occupancy or demolish the
structure and properly dispose of all debris as required above:
A. The Code Enforcement Officer, or his designee, may remove and dispose of any
personal property remaining in the structure;
B. The Code Enforcement Officer, or his designee, shall cause said structure to be
demolished or removed, all expenses incurred thereby to be paid by the Owner or assessed
against the property in accordance with 17 M.R.S.A. § 2853; and
C. The City Solicitor, or his designee, is authorized to take any and all additional
necessary action to secure the demolition or removal of said structure and recover the City's costs
as provided in 17 M.R.S.A. § 2853.
3. The City Solicitor, or his designee, shall cause a copy of this Order to be filed at the
Penobscot County Registry of Deeds.
IN CITY COUNCIL
May 24, 2010
Motion Made and Seconded
to Open the Public Hearing
Public Hearing Opened
Code Enforcement Officer
Dan Wellington gave Testimony
to show that this property should
be condemned as a dangeroug
building
Property Owner Mr. Brown said he
had been slowly working on this
building to get it renovated, but
that he was not making much progress
recently. Liz Grandmason a neighbor
who lives directly across the street
from this property, indicated that the
neighbors had been patient and were
not unsympathetic, but that enough
was enough
Motion Made and Seconded,to Close the
Public Hearing
Public Hearing Closed
Motion Made and Seconded for Passage
Pass
CITY CLERIC
ORDER
(TITLE,I Condemnation of a Building/
Structure at 34 Holland Street- Dangerous
Assigned to Councilor �iA
rZJAW
I
Cit
of
Ban o.
Maine
www.bangormaine.gov
May 13, 2010
David Brown
36 Larkin Street
Bangor, ME 04401
10 x:04
207/9924230
fax 20719924196
dan.wellington@bangormaine.gov
CODE ENFORCEMENT DIVISION
Daniel M. Wellington, Code Enforcement Officer
On Monday May 24 at the regularly scheduled 7:00 p.m. Council meeting a
public hearing will be held relating to the condemnation of a dangerous structure at 34
Holland Street in accordance with Title 17 of the Maine Revised Statutes Annotated.
Attached please find a copy of the Council Order and the information to be
presented and incorporated into the record.
Very truly yours,
61�.'=:>
Daniel M.ell ngton
Code Enforc ent Officer
City of Bangor
73 Harlow Street • Bangor, Maine 04401