HomeMy WebLinkAbout2015-09-14 15-315 ORDERCOUNCIL ACTION
Item No. 15-315
Date: September 14, 2015
Item/Subject: Order Authorizing the City Manager to Demolish the Structure at 44 Patten Street
Map -Lot (035-014)
Responsible Department: Legal
Commentary: In July 2013, the house structure at 44 Patten Street burned and efforts over the past two years to
require the owners of the property to rehabilitate or demolish it were unsuccessful.
In accordance with Maine Revised Statutes, Title 17, §2851 the City Council held a public hearing on June 22, 2015, and
subsequently declared the house at 44 Patten Street to be a dangerous building. Attempts to notify the property owner
by mail prior to the hearing were not successful and in accordance with the law, the notice was published once a week for
3 successive weeks. At the hearing on June 22, 2015, the property owners did attend and objected to the Council
declaring 44 Patten Street a dangerous building. Shortly thereafter, the property owners did communicate with the City
Attorney but made no mention of how they might remedy the dangerous building. Additionally, the City did receive an
email objecting to the proceeding but they did not offer any remedy to the dangerous building declaration.
At this time, the property owners have not made any additional attempts to remedy the deficiencies or provide the City
with any plan to remedy the problem. In accordance with Maine Revised Statutes, Title 17, §2853 municipal officers may
order a nuisance abated and lien the property if no appeal has been filed by the property owner. The City again served
the order on the owners by publication three times in the Bangor Daily News, and no appeal of the Council's action has
been filed.
Based on the determination that 44 Patten Street is a dangerous building, staff recommends that Council approve the
demolition of 44 Patten Street. If the costs reasonably related to demolition and clean up are not paid by the property
owner or otherwise recovered, staff further recommends that, in accordance with State law, liens be placed against the
property for said costs.
This item was reviewed and recommended for approval at the Council meeting on June 22, 2015 and the BED meeting of
September 8, 2015.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
x Passage
First Reading
Referral
Department Head
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City Manager
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Finance Director
15-315
SEPTEMBER 14, 2015
lam. Assigned to Councilor Faircloth
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CITY OF BANGOR
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ORDER, Authorizing the City Manager to Demolish the Structure at 44 Patten Street - Map -Lot
(035-014)
WHEREAS, in July of 2013, a fire burned the house at 44 Patten Street;
WHEREAS, efforts to require the owners of the property to rehabilitate or demolish the
building have been unsuccessful;
WHEREAS, on June 22, 2015, the City Council found the house at 44 Patten Street to be a
dangerous building, and ordered the owners to demolish the building within 30 days, or - -
else the City would proceed with demolition and lien the property;
WHEREAS, the Order was served on the owners by publication, and the appeal period has
run;
WHEREAS, no appeal of the Council's action has been filed; and
WHEREAS, the City has therefore fulfilled all the requirements for demolition of a dangerous
building under 17 M.R.S. 2851 et seq.;
BE TT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT
The City Manager is hereby authorized to take such action as is necessary to have the house at
44 Patten Street demolished, and, if the costs reasonably related to demolition and clean up are
not paid by the property owner or otherwise recovered, to cause liens to' be placed against the
property for said costs.
IN CITY COUNCIL
SEPTEMBER 14,_2015
MOTION MADE AND SECONDED FOR PASSAGE
PASSED
Q�i �i.J ado-a0�
CITY CLERK