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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 T i