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HomeMy WebLinkAbout2006-09-11 06-319 ORDERACTION MmNo. 06 319' Bate: Item/Subjrzt Order, Condemning a Building/Structure a[ 56 Larkin Street in Bangor Responsible Department: Code Enforcement The structure at 56 Larkin Street Is structurally unsafe, dilapidated and constitutes a fire hazard. The building has been broken into and vandalized a number of times. The owner passed away In 1991 but neighbors relate their recollection that that me building was vacant for a period of years badcreherdeath. With me structure removed the lobs unsuitable. Priortomenotifiationmthe heir(s) of mil public hearing, all correspondence since 1999 has not been responded to. NOTE: A PUBLIC HEARING IS REQUIRED BEFORE TAKING ACTION ON THIS ORDER. Department Head This has been reviewed and is recommended by me Transportation and Infrastructure Committee. Dan Wellington, Code Enforcement Officer, will make a presentation during the Public Hearing in order to introduce Information on the condition of the property into are formal record. City Manager Associated Information: Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for X Passage _ Firot Reading Page _ of Retained 06 319 '"� AsrigadbCouxiiw Stave September 11, 2006 CITY OF BANGOR (TnbE.) ORDER, Condemning a Building/Structure at 56 Larkin Street In Bangor as a Dangerous Building and Directing that the Conditions which Render it Dangerous be Remedied. WHEREAS, the CRY a Bangor has recHved numerous compounds about Me physical conditkm and safely of Me structure located at 55 union Sheet, Bangor, more particularly described in a deed recorhetl in Me Penobscot County "Istry of Deeds In Volume 2M, Page 138 (hereinafter "Me Freedom); ant WNERERS, the Cade EnWNement Office Impacted! the Premises antl determined that Me Premises suffers from numerous code violations; and WHEREAS, Me Premises Is owned by Heirs of Marie Gearhart ofo Kay Kelly of Kensington, MD, (haelnaRa Me 'Owner-); ant W HERE0.S, the Owner and Mortgagees have been notified that the Bangor City Council intends to hoc a Public heading W consider whether or not the Ramses constitutes a dangerous building and a nuisance under 12 M.R.S.A. §§ 2851-2859; and WHEREAS, the Bangor any Council, aM,g in Its capacity as the Municipal Officers of the City of Bangor, held a public hearing pursuant to 12 M.R.SA %2851-2859 W detenmiro whether or rot the Premises commutes a dangerous building within Me meaning ofsaid statute; NOW, THEREFORE, basetl upon the evidence prevented at s m public bearing. Ole City Coundl of the City of Bangor hereby FINDS: 1. The Pointers, i.e., the structure brand M 56 Larkin Street, Bangor, Is strudureky unsafe; unstable; a fire Meant; unsuitable or Improper the use a Me oaumancr as a modems; a hma l W heats or safety because of inadequate maintenance, dilapidation, obrolescence or abandonmerA; ant dargerous W ted No ant property of the inhabitants of Me City a Bangor; and 2. The Premhes, i.e, the structure coined at 561arkin Smek Bangor, s a dangerous buying am a nuisance within Me meaning of 17 M.R.S.A. §§ 2851-2859. Further, Me City Council of Me City of Bangor hereby ORDERS: 1. The Owner, i.e., Heirs a Marie Gearhart, shall, will MIM (30) days, secure Me mixture and remove all demolition debris ant Wrier refirse currently soared on Me proceed; and 2. The Omer, ie, Heirs of Mark Gearhart, shill, whin MIM (30) days, remedy the tandhions cited above that render the premises dangerous and a nuisance by: A. Demolishing the s[rudure ant propeMdisposlyofall debrbintMormNywith the Cudeofthe City of Sargor. or 06 319 B. Presenting a plan, acceptable to the Cade Enforom" oto err, for renovating Me structure and bringing Y Ompleney up to all applicable bullcin& housing, and property mairhenance code sdnclards adopted by the City of Bampr. Thio plan shall include proof o'finantlal capability and a project schedule stowing that the niok will be completed wXhin ninety(W) days. 3. In the event MM Me panne, prfsents an approvetl renovation plan and upon a showing by Owner of continuous progreu aci renovating the structure and brogues R into code compliance as well as pmol' M financial capability to complete Me work, the Cade Enforcement Officer is auMorlaed to extend the ninety (90) day deadline for renovations by up to three (3) Marry (30) day extensions. 4. In the event that Me Owner falls to secure the structure and remove all demo in n debris and other Muse currently stoned on the propene as required In number 1 above, fails to present an acceptable rmovatmn plan as required in number 2 above, or fails to undertake continuous progress towand imikemendng Me renow[bn plan as required In numbers 2 and 3 (if applicable as a result of evtensions) above, Han: P. The Ude Erin, nent ORker, w no tleslgrge, may remove and dispose of any personal property remaining In the structure{ and B. The Code Erionesne t Officer, or his designee, shall cause and structure to be damd5hed or removed, all eryenses Incurred! thereby to be paid by Me Charmer or assessed against Me property in accordance with 17 M.R.SA. 42853; and C. the City Shccitor, or W designee, is authorired to blue a" and all a1di0mal necessarr actionto amount Me demolition or removal asato structure and remver Me City's posts as pm aped In 17 M.R.SA § 2853. S. the CM/ ShccMr, w his designee, shall Ouse a po d Ms Order to be Bled at dre p nob County Registry of Deeds. IN CITY COOticn September lt, 2e06 Motion !lade and Seconded to Open the Public Searing Public gearing Opeuded Code gnforcuent Officer Daniel Nellington gave a detailed history of the property m Question. Mrs. Jan Sudden, 60 Larkin Street. urged the Cowell to support this from, as the building is music, a fire hazard and[ it used by vagrants and various saiwls. A neighboring property ower, Wade Leighton, stated that he felt that the property was beyond repair, and urged that there be asbest0 abatement prior to the property being torn does Resident 83aiue Jones expressed concern r properties located at 73 6 83 Lincoln Street, and asked that the Code Snfarcenent Officer look, at than. Motion Made and Seconded to Close the Public Searing Public Searing Closed Motion Made and stressed for Y 06-319 I:oudewim a Imine/Structure at 56 Larkin Street in Saeger as a Daneeroue Buildive and Mrectiva that the Cmditiws which Sevdar it Davgeross M1e Qeni AirA