HomeMy WebLinkAbout2015-10-26 15-360 ORDERCOUNCIL ACTION
Item No. 15-360
Date: October 26, 2015
Item/Subject: Order Declaring 472 Essex Street a Dangerous Building and Directing its
Demolition (Map -Lot 045-009-D)
Responsible Department: Legal
Commentary: This order will declare 472 Essex Street a dangerous building and direct the
demolition of the property. This formerly grandfathered 4 -unit building at 472 Essex Street has
been vacant since January 2010 and experienced significant deterioration since that time. Since
2010 staff from Code Enforcement have inspected the property on numerous occasions, and
noted that the building's foundation is collapsing and that the roof has failed.
In April of 2014, the Code Enforcement Division issued a notice to the bank to register the
building as a vacant building and ordered them to maintain the property in compliance with the
City's Property Maintenance Code or demolish the building. The bank registered the building in
April and October of 2014, and indicated that they would maintain the building per local
ordinances. As of this date, however, no maintenance on the building has taken place.
In accordance with Maine Revised Statutes, Title 17, §2851 the Code Enforcement Division finds
that the building is structurally unsafe, unstable; unsanitary; constitutes a fire hazard; is
unsuitable or improper for use or occupancy as a residence; constitutes a hazard to health or
safety because of inadequate maintenance, obsolescence or abandonment; and is otherwise
dangerous to life or property.
In September of 2015, the City gave notice to all parties of interest that there would be a
discussion about this property on October 20, 2015 at 5:15 and that a Dangerous Building
Hearing would take place on October 26, 2015 at 7:30 p.m. This item was reviewed and
recommended for approval at the October 20, 2015 BED meeting.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
x Passage
First Reading
Referral
Department Head
Page _of_
City Manager
Finance Director
Solicitor
15-360
OCTOBER 26, 2015
Assigned to Councilor
4
CITY OF BANGOR
116- 16-
ED
ORDER, Order Declaring 472 Essex Street a Dangerous Building and Directing its Demolition
(Map -Lot 045-009-D)
WHEREAS, after all owners and parties -in -interest (the "Owners'l of the property at 472 Essex
Street, Map 45 Lot 91), Bangor (the "Premises") were properly given notice, the
Bangor City Council held a public hearing to determine whether the building
located at the Premises (the "Structure") constitutes a dangerous building or
nuisance;
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, THAT
Based upon the evidence presented at said public hearing, the City Council hereby finds:
1. The Structure is structurally unsafe; unstable; unsanitary; a fire hazard; unsuitable or
improper for use or 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; and
2. The Structure constitutes a dangerous building and a nuisance within the meaning of 17
M.R.S.A. §2851 et seq.
BE IT FURTHER ORDERED THAT
1. The Owners shall remedy the conditions cited above that render the Structure dangerous
and a nuisance within 30 days by demolishing the Structure and properly disposing of all
debris.
2. If the Owners fail to obtain the Structure as required above, the City Council may, by
separate Council Order, direct the Code Enforcement Officer, or his or her designee, to
remove and dispose of any personal property remaining in the Structure, cause the
Structure to be demolished or removed, and recover the City's costs as provided in 17
M.R.S.A. §2853.
3. This Order may be appealed to the Superior Court pursuant to the provisions of the Maine
Rules of Civil Procedure, Rule 80B.
IN CITY COUNCIL
OCTOBER 26, 2015
MOTION MADE AND SECONDED TO OPEN PUBLIC HEARING
MOTION MADE AND SECONDED TO POSTPONE ORDER 15-360 UNTIL THE
NOVEMBER 23, 2015 CITY COUNCIL MEETING
PASSED TO POSTPONE
MOTION MADE AND SECONDED TO SUSPEND THE RULES TO ACT ON ORDER 15-361
PASSED
CITY CLERK
IN CITY COUNCIL
NOVEMBER 23, 2015
MOTION MADE AND SECONDED TO POSTPONE TO THE JANUARY 11, 2016, CITY COUNCIL MEETING
POSTPONED
CITY CLERC
IN CITY COUNCIL
JANUARY 11, 2016
MOTION MADE AND SECONDED TO POSTPONE INDEFINITELY
PASSED
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