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HomeMy WebLinkAbout2010-05-24 10-203 ORDERCOUNCIL ACTION Item No. 10 203 Date: 5-24-10 Item/Subject: ORDER, Condemnation of a Building at 4 Mill Street — Dangerous Building Responsible Department: Code Commentary: The owner of a building at 4 Mill Street had to move from the property last year. The building has been evaluated and found to be structurally unstable, collapsing, and a public 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 r and information and evidence as part of the PublicHearing 141/Sr�o Interim City Manager Associated Information: Order, Budget Approval: Legal Approval: Introduced for x Passage First Reading Referral Page _of_ Finance Director ity Solicitor f fr r,.Assigned to Councilor — palmer 4. CITY OF BANGOR 10 203 May 24, 2010 (TITLE.) Order, Condemnation of a Building/Structure at 4 Mill Street - Dangerous Building It BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT WHEREAS, the City of Bangor received a complaint about the physical condition and safety of the structure located at 4 Mill Street, Bangor, more particularly described in a deed recorded in the Penobscot County Registry of Deeds in Book 4759, Page 261 (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 Lawrence Richard Boyle of Bangor, Maine (hereinafter the "Owner); and WHEREAS, the Owner and Mortgagees were 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 4 Mill 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 2. The Premises, i.e., the structure located at 4 Mill Street, Bangor, is a dangerous building and a nuisance within the meaning of 17 M.R.S.A. §2851-2859. 10 203 NOW THEREFORE, BE IT ORDERED BY THE City Council of the City of Bangor, THAT 1. The Owner, i.e. Lawrence Richard Boyle, 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 dangerous building. Property owner Mr. Boyle said he had tried getting help but was unsuccessful. Motion made and seconded to close the Public Hearing Public Hearing Closed Motion Made and Seconded for Passage Pass J CITY CLERK (TITLE,) r,.,,denination of a Building/ Strurrure at 34 Holland Street - Dangerous Building Assigned f }� g to Councilor City of Bait o� Maine www.bangormaine.gov May 13, 2010 Lawrence Boyle 1 Waterworks Way Bangor, ME 04401 2071992-4230 fax 2071992-4196 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 4 Mill 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-q� Daniel M. Ilington Code Enforcement Officer City of Bangor 73 Harlow Street . Bangor, Maine 04401