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