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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